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Province breached law in range use plan approval after complaint from Halfway River First Nation, watchdog reveals

An aerial photo of the Seal River Watershed (Seal River Watershed Alliance)

The Forest Practices Board, British Columbia’s forestry watchdog, has concluded that the province broke the law in approving two range use plans, following a complaint filed by the Halfway River First Nation in 2023.

The complaint raised concerns about the impact of grazing on culturally significant sites within the First Nation’s territory. Livestock were said to be damaging mineral licks and displacing wildlife in the watershed.

Upon investigation, looking back into records from 2013, the board determined that the government’s approval of the plans was not in compliance with the Forest and Range Practices Act. The range use plan exceeded the five-year term stipulated by the Act, and the manager responsible failed to account for the environmental and cultural impacts of grazing.

“The Halfway River First Nation considers these identified sites culturally significant and it was evident that livestock use had been negatively impacting them,” said Keith Atkinson, chair, Forest Practices Board in a release. “However, government felt it was unable to compel range agreement holders to protect these sites.

In response, the Forest Practices Board has recommended that future range use planning include meaningful engagement with First Nations. The board is also calling for enforceable measures to protect cultural resources.

Problems were also found with how the government addressed the band’s concerns on the safety of drinking water.

The ministry has since increased monitoring efforts and launched a pilot project to collaboratively develop a range use plan with the Nation, which could serve as a model across Treaty 8 territory.

The Halfway River First Nation, one of the 39 Treaty 8 Nations, retains rights to use its territory for hunting, fishing, and cultural activities.