This Act was adopted by the government of Ontario so that the public forests that are present in the area can be managed in a better way. The Act helped in meeting the economic, social and the needs of the environment so that it can help the present as well as the future generations. The main aim of the government was to maintain the growth of the forests in a sustainable manner within the region of Ontario. The Ontario forests cover almost two-thirds of the region and stretches from Hudson Bay that is in the north to the southwestern part of Lake Erie. It consists of different species of flora and fauna, which is a part of the ecosystem in a global manner and helps the migratory birds as well, that come in the area for a specific period of the year (Robson and Troy 440).
The entire forest area of Ontario is owned by the public through the Crown land and is managed in an efficient manner by the Ministry of Natural Resources and Forestry (MNRF) that takes care of the sustainability of the forest. The Crown Timber Act 1953 was made so that it can help in managing the balance between harvesting of timber and the flow of resources in the industry in a continuous manner (McLeod et al. 720).
The Crown Forest Sustainability Act 1994 (CFSA) was laid down so that it can ensure maintaining the health of the forest in a long-term manner, which will be beneficial for the global and the local environments. The primary aim of the Act was to maintain the forest in a productive and diverse manner so that the conservation of the biological diversity and the processes of ecology can be maintained in a proper manner (Boston et al. 446).
Responsibility of MNRF to maintain sustainability of the forest
The main perspective of the Act is present within the Ministry of Natural Resources and Forestry so that the objectives can be met in a proper manner. The sustainability of the forest can be done by providing an oversight and leadership by the MNRF through the development of the programs and the policies. Apart from the policies and the programs, enforcement and monitoring the forest in a scientific manner also needs to be done so that it can help in the sustainable growth of the area (Davidson 370). The Act plays an important role in supporting the forest of Ontario by MNRF, as its main responsibility is the protection of the communities that are dependent on the resources that are present within the forest area and sustain the ecosystem of the forest on a long-term manner. The shift in the focus of MNRF from a narrow perspective to a broader horizon was mainly due to the Crown Forest Sustainability Act 1994 (Roche 37).
Planning of Forest Management
The Act helps in dividing the forests of Ontario in to several units of management with the help of the Ministry of Natural Resources and Forestry so that it can be divided in a sizeable portion and managed in a better manner. Each unit of the forests is governed through different plans of management, as the care is different for different units. The management plan of the forest devises the strategies in an efficient manner so that the objectives of managing the forests in a sustainable manner can be done for the several units of the forests in a differentiated manner. This is done in this particular manner so that it can help in addressing the issues in a separate way according to the needs of the local communities and maintaining the economy of the community as well (Davidson 370).
Licensing and Allocation
The Act has enabled to give licenses to private companies for the management plans of the forests, which are issued by the Ministry of Natural Resources and Forestry. The licenses are issued to the companies in a various kinds of ways so that it can help the companies in harvesting the trees within the units that have been designated within the forest area (Keron, Dan and Sarah 382).
The Sustainable Forest Licenses (SFL) is the licenses that are given on a long-term manner so that the resources that are present in the forest can be harvested within a specific forest unit for a period of 20 years. The holder of the license plays an integral role in the management system of the forest and also carries the responsibility for the development of the management plan and managing the forest in a sustainable manner as well (Miller and Solange 472).
The FRLs that stands for Forest Resource Licenses also allow for the harvesting of timber but within a smaller range of geographic location and is issued generally for a period of five years as opposed to SFL, which is given for a period of 20 years (Keron, Dan and Sarah 382).
The management plans of the forests needs to be approved by the MNRF, as the minister needs to be satisfied regarding the plan. The plan needs to have a sustainable approach towards the forest with respect to the life of the animals, plants and soil. It also needs to take in to consideration the quality of the water and air that needs to be maintained so that the economic values can be maintained (Palmer and Robert 435).
Forest audits in an independent manner
One of the important elements in the Act is that it checks the balance that is required within the forests by conducting audits on a period of five years with respect to the management units that are present within the area. The audits are presented in the legislature of Ontario and assess the activities and the management plans with respect to the forest so that it is compliant with the policies of forestry. It also checks the meeting of the objectives that has been planned for the forests and that the shortcomings in the plans are addressed in a proper manner. The inclusion of recommendations is done so that it can help in improving the effectiveness of the management plan with respect to the forest area. The audits also have the recommendations for MNRF so that new improvements can be directed to the ministry for the sustainable development of the forest area (Boston et al. 446.).
Investment for the future in forests
Another major concept of the CFSA 1994 is that the management system of the forest helps in ensuring that the revenues that are earned can be invested within the forest so that it can help in maintaining sustainability of the area. This objective is met by two trusts that are funded by the holders of the licenses and the fees that are paid by them in maintaining the Crown forests in a sustainable manner (McLeod et al. 720). The Forestry Future Trust (FFT) helps in funding the activities like silviculture, as the resources that are present in the forest can be damaged through natural causes or fire or the rate of insolvency that a licensee can become. The trust also takes care of the management for intensive stand, controlling the pests and the audits of the forests that are conducted in an independent manner. The funding of the trust takes place through the fee that is paid by the holders of the license, which are administered for these cases that may take place within the forest area (Davidson 370).
The Forest Renewal Trust (FRT) helps in maintaining and regenerating the health of the forest area, as the Act charges a fee from the license holders so that the management units and the species of trees that are present within the area can be preserved in an efficient manner.
The main purpose for this Act was to identify the species that are at risk based on the information that is available and the information that can be collected from the knowledge of the community. The Act is also aimed at protecting the species that are at risk of being endangered due to their habitats so that the species can be recovered from extinction. It also helps in promoting the activities that will assist in the protection and recovering the species that are at risk of being extinct (Gustafson et al. 230).
The species that are at risk will be determined by the Committee on the Status of Species at Risk in Ontario (COSSARO). This committee consists of 11 people from the public as well as the private sectors and a minimum of five members are external to the government that is present in Ontario and has a science background in their educational qualification. The species are first identified by Committee on the Status of Endangered Wildlife in Canada (COSEWIC) and are recommended to COSSARO. This body then identifies the species and the reports are sent to the Ministry of Natural Resources (Seminoff 115).
After the species are identified as ‘at risk’, it is then reviewed by SARO that stands for Species at Risk in Ontario and is included within their lists. The species to be identified as risk needs to have certain distinctive characters such as the loss in their habitat, feeding and breeding habits. The habitat that is regulated in nature is more specific towards the species, as it provides a detailed description of the geographic boundaries and the area that may create an impact on recovering the species within the forests (Gustafson et al. 230).
The legislation has been maintaining a list of species that are endangered since 1971 and has made several revisions in it since 2006. The destruction of the habitat for the endangered species are prohibited under the Act but had no specifications regarding the scope of the new legislations (Malcolm 15846).
The formation of Endangered Species Act (ESA) 2007 ensured that the species that are on the risk to become endangered are protected in a proper manner. The endangered species that has been on the list of SARO has to be protected by the ESA along with its habitat where it has been living as well. The protection of the habitat is based on the definition that is laid within the Act, which may include the wetlands, nests and dens that are necessary for the species to feed and breed respectively (Langlap, Joe and Hason 309).
The Act helps in prohibiting the causes of the damages that can be done on the ecology and the environment with respect to the species that are at risk within the region. It also helps in sanctioning the powers that will help in providing enforcement and mitigation of the habitats for the species that are endangered. The staffs that are allotted for this process can stop any activity, which they may think can cause damage within the habitat of the species that are endangered. The powers of the staff are that they can establish fines, forfeiture of the property or even seize it with respect to the non-compliance with the statements that has been laid down in the Act (Olive 500).
Gathering of information
This is one of the important steps in the Act where the information is submitted to the Ministry of Natural Resources and Forestry so that the reports can be assessed regarding the species that are at the risk of being endangered along with the habitats where they can survive. The effect of certain activities that may take place in those protected areas can hamper the habitat of the endangered species, which are in conflict with subsection 9(1) or in 10(1) in the Act. This information has to be submitted in the local office of the MNR regarding the activities that may affect the habitats of the species that are endangered (Earl et al. 303).
Review of activity and assessment
The staff of the MNR district office will review the information that has been presented to them so that it can help in the determination of the species that poses risks and the habitats that need to be protected near the location where the activity will be carried out. It will also assess the activity for determining the effects, which may happen due to the activity on the species that are at risk and with their surrounding environment as well and whether the activity is in conflict with subsection 9(1) or 10(1) laid down in the Act (Taylor 659).
If it is found that the activity does not have any conflict with the subsections, the activity can continue without the approval of the Act. If the activity is found to be likely in conflict with the subsections, then the activity needs to amend its ways so that it does not hamper the components laid down in subsection 9(1) and 10(1) (Smith et al. 412).
Application of permit and assessment
Once the activity has been sanction by the Act, it needs to be applied by the Application for an Overall Benefit Permit that is present under the clause 17(2)(c) under the Endangered Species Act 2007. This application will help in providing an overall permit of the activity by the proponent after the Information Gathering Form (IGF) has been duly submitted within the local office of MNR. The activity does not have any conflict with the subsections 9(10) and 10(1) of the ESA has to be determined by the MNR (Taylor 659).
The assessment has to be supported with the IGF and other information such as the alternatives that can be considered, which would not harm the species that are endangered and their habitat can also be protected in a better manner. Proper steps have to be suggested regarding the effects of the alternatives that will help in protecting the endangered species along with its habitats so that they can feed and breed in it. Apart from that, the benefit for a specific period of time needs to be mentioned as well so that the species along with the habitat may get affected due to the permission that is being taken from the MNR (Smith et al. 412).
Drafting of permit
The decision of the Minister will be considered for the permission of the activity by the MNR. Apart from the minister, the local communities will also be consulted so that they are also satisfied with the activity that has been proposed for the specified area.
Decision of permit
After the activity has been reviewed and the requirements of the Act have been consulted, the permission is given for which the staff at the MNR office will take the help of the Minister so that the permit can be issued for the activity. The approval of the permit will be notified to the proponent by sending a signed copy of the document from the district office of the MNR and if the activity has not been approved then the MNR will send a copy in writing to the proponent (Malcolm 15846).
Reference List
Boston, Kevin, et al. “Synopsis of Forest Management Plans of North America.” Forest Plans of North America. 2015. 443-448.
Davidson, Barry. “French-Severn Forest, Ontario, Canada.” Forest Plans of North America. 2015. 367-376.
Earl, Julia E., et al. “Quantitative tools for implementing the new definition of significant portion of the range in the Endangered Species Act.” Conservation Biology (2017).
Gustafson, R., et al. “Status review update of eulachon (Thaleichthys pacificus) listed under the Endangered Species Act: southern distinct population segment. 25 March 2016 Report to National Marine Fisheries Service–West Coast Region from Northwest Fisheries Science Center, 2725 MontlaNe Blvd.” E., Seattle, WA 98112 (2016): 222-234.
Keron, Robert, Dan Rouillard, and Sarah Sullivan. “Martel Forest, Ontario, Canada.” Forest Plans of North America. 2015. 377-386.
Langpap, Christian, Joe Kerkvliet, and Jason F. Shogren. “The Economics of the US Endangered Species Act: A Review of Recent Developments.” Review of Environmental Economics and Policy (2017).
Malcom, Jacob W., and Ya-Wei Li. “Data contradict common perceptions about a controversial provision of the US Endangered Species Act.” Proceedings of the National Academy of Sciences 112.52 (2015): 15844-15849.
McLeod, Fraser, et al. “Finding common ground: A critical review of land use and resource management policies in Ontario, Canada and their intersection with First Nations.” International Indigenous Policy Journal 6.1 (2015).
Miller, Lauren, and Solange Nadeau. “Perceptions of public land governance from two Canadian provinces: How is the social agenda being met through sustainable forest management?.” Land Use Policy (2016).
Olive, Andrea. “It is just not fair: the Endangered Species Act in the United States and Ontario.” Ecology and Society 21.3 (2016).
Palmer, Aaron, and Robert Keron. “Whitefeather Forest, Ontario, Canada.” Forest Plans of North America. 2015. 433-442.
Robson, Mark, and Troy Davis. “Evaluating the transition to sustainable forest management in Ontario’s Crown Forest Sustainability Act and forest management planning manuals from 1994 to 2009.” Canadian Journal of Forest Research45.4 (2014): 436-443.
Roche, Michael. “Forest governance and sustainability pathways in the absence of a comprehensive national forest policy—The case of New Zealand.” Forest Policy and Economics 77 (2017): 33-43.
Seminoff, Jeffrey Aleksandr, et al. “Status review of the green turtle (Chelonia mydas) under the Engangered Species Act.” (2015).
Smith, David, et al. “Development of a Species Status Assessment Process for Decisions under the US Endangered Species Act.” Journal of Fish and Wildlife Management(2018).
Taylor, Annemarie Monique. “Death by a Thousand Cuts: Regulatory Takings under the Endangered Species Act.” San Joaquin Agric. L. Rev. 26 (2016): 261.
Bettinger, Peter, et al. Forest management and planning. Academic press, 2016.
Doak, Daniel F., et al. “Recommendations for improving recovery criteria under the US Endangered Species Act.” BioScience 65.2 (2015): 189-199.
May, James R. “Endangered Species Act Has Been Under Attack for Years.” (2017).
Zurba, Melanie, Alan P. Diduck, and A. John Sinclair. “First Nations and industry collaboration for forest governance in northwestern Ontario, Canada.” Forest Policy and Economics69 (2016): 1-10.
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