Logging near Gold River in cave area shows karst protection order ‘unenforceable,’ caver says.

Cavers thought they had a smoking gun when they photographed trees felled across fragile limestone karst landscapes near Gold River on Vancouver Island.

But the B.C. government has decided not to pursue an official complaint from the Canadian Cave Conservancy, citing a long list of potential reasons that extend to limited resources, priorities on human health and safety, and the odds of a successful prosecution.

“I’m a bit flummoxed,” Phil Whitfield, secretary of the conservancy and president of the B.C. Speleological Federation, said in an interview. “The reality is that the present legislation is unenforceable. The government is obviously not doing its job, which is looking out for the long-term public interest.”

The conservancy had complained logging by Western Forest Products violated a provincial order prohibiting logging activities that “damage or render ineffective” karst features. The group argued the best practices for protecting and managing karst “clearly have not been followed and forest practices have obviously damaged the natural settings of the karst features and have most probably damaged the biophysical elements as well.”

Limestone karst — perhaps the world’s most fragile landscape — is formed by naturally acidic water seeping through the subsurface calcium carbonate rock.

Limestone makes for more productive rainforests, draining away extensive rainfall while the dissolved cracks in the bedrock give tree roots a good foothold against powerful winter winds. Karst also reduces the acidity of rainfall, providing improved habitat for aquatic life, including resident and migratory fish.

Mark Jones, regional manager of compliance and enforcement for the Ministry of Forests, Lands, and Natural Resource Operations, said in a letter to Whitfield that his office “has reviewed the information supplied as well as reviewed pertinent legislation and has determined not to take any response at this time.”

While Jones did not “wish to imply that in taking no response that the issue carries little to no significance or is deemed to have little importance,” he did not specifically say why he wasn’t taking action, only that a number of factors could be at play.

Among them: potential for a successful prosecution; impact to human health and safety; potential and actual damage to the environment; collection of appropriate revenues; and a policy of professional reliance, which puts the onus on industry to do the right thing.

Jones said the province’s ultimate objective is to bring forestry operators into compliance.

Steve Thomson, the minister responsible for forest compliance and enforcement, added in a statement: “At the end of the day we’re interested in good environmental outcomes.”

Some contend government resolve — not faulty legislation — is the bigger problem.

Mark Haddock, who teaches environmental law at the University of Victoria and is a member of the Wilderness Committee board, said B.C.’s karst orders are not vague and can afford protection should the province choose to exercise them.

“The forest practices rules seem quite clear — they prohibit damage to karst features, including both surface and subsurface features,” he said. “The Forest Appeals Commission has interpreted ‘damage’ quite broadly in the past, using its ordinary meaning. Even the scarring of tree bark has been found to be damage. Any issues around the amount of damage go to the penalty, not whether or not a contravention occurred.”

The conservancy believes logging of these known karst areas occurred from 2008 to 2014, at Hisnit Inlet, Aston Creek, Crumble Caves, and Thanksgiving Ridge, and involved everything from logging across the roof of caves, karst springs, and across sinkholes and cave entrances.

Amy Spencer, a spokeswoman for Western Forest Products, said the company has received no specifics regarding the complaint against it but looks forward to cavers “contacting us directly so we can better understand their concerns.”

Whitfield said provincial karst orders are too vague to offer any protection and that a policy change is required, adding that the orders only apply to forestry and not other industrial and recreational activities, including the potential harvesting of speleothems — fragile features such as stalactites and soda straws — from most caves on Crown land. “There is nothing to stop someone from building up a huge collection of cave formations and selling them. There is absolutely no protection. It’s pretty astonishing.”

Whitfield said he feels for enforcement staff. “They have so much on their plate. They pretty well have to go with what they think they’ll win.”

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