“Protected” forests are those which are located at the head waters and upper reaches of streams and their affluents. Here the rules as regards clearing, mismanagement, reforestation and pasture applicable to the non-protective forests, prevail, except that clearing may be prohibited or permitted, if the committee deems it not dangerous owing to the small size of the clearing.
In forests, which are not protective forests, conversion into farms or clearing with the sanction of the committee is permitted, if thereby the estate is improved, e.g., if the soil is fit for orchards and vineyards. Such clearing may also be allowed if the soil is fit for temporary field use, but in that case the area must be eventually reforested. Clearing is also permitted, if another formerly farmed parcel of the same size has been reforested at least three years prior to the proposed clearing; or if in artificial plantations the growth is not yet 20 years old; also in a few special cases where property boundaries are to be rounded off, roads to be located, etc. If after six months from the time of the application the committee has not forbidden the clearing, it is considered as permitted. It is also forbidden to make fellings which prevent natural regeneration, and the running of cattle in young growth is prohibited. Private owners are not required, but are permitted, to submit working plans, and if these are accepted, they are exempted from any other restrictions. Such plans may be considered as accepted if the committee does not express itself within one year. All clearings made in contravention to the committee’s decision must be replanted within a prescribed time or may be forcibly reforested by the committee.
The most interesting feature, because thoroughly democratic, is the creation of the local forest protection committees, which are formed in each province and district, composed of various representatives of the local administration, one or two foresters included, the justice of the peace or other justice, the county council and two elected forest owners, in all nine to eleven members, under the presidency of the governor.
This committee is vested with large powers. It decides, without appeal, what areas are included in protective forests and approves of the working plans for these as well as for the unreserved forests; it determines what clearings may be made, and exercises wide police powers with reference to all forest matters working in co-operation with the Forest Administration, which latter has the duty of making working plans free of charge for the reserved forests, and, at the expense of the owner for the private unreserved forests. Owners of the latter are, however, at liberty to prepare their own plans subject to approval. Appeal from decisions of the Forest Committees lies through the Committee to the Minister of Crown lands and Minister of the Interior.
In case the owner refuses to incur the extra expense arising from measures imposed upon him, the domain ministry may expropriate him, but the owner may recover within 10 years by paying costs with 6% interest in addition to the sale price. In addition to the above cited and other restrictive measures, some ameliorative provisions are also found. All protective forests are free from taxes forever; those artificially planted also for 30 years.
Some of the best forest officials are detailed to give advice gratuitously to forest owners (forest revisor—instructors) and prizes are given for the best results of silvicultural operations. At the recommendation of the Forest Committees, medals or money rewards or other distinctions are given to the forest guards and forest managers of private as well as public forests. Plant material is distributed free or at cost price, and working plans for protective forests are made free of charge.
The Imperial Loan Bank advances long term loans on forests, based upon detailed working plans made by the State, which insure a conservative management. In 1900, over 7,000,000 acres were in this way mortgaged under such management.
The minutest details are elaborated in the instructions for the execution of this most comprehensive law. How far this law is really executed and what its results so far have been, it would be difficult to ascertain. It is, however, believed that it has worked satisfactorily. By 1900, 1.5 million acres had been declared protection forests, nearly 2 million protected or river forests, and nearly 100 million private and communal forests had been placed under the regime. In 1907, the total area under the regime had grown to over 136 million acres. Of private forests, 18 million acres in 6015 forests were being managed according to working plans made or approved by the forest committees. In these plans, usually, the strip system or seed tree system with natural regeneration under 60 year rotation for conifers, and at least 30 year rotation for broadleaf forest, is provided.
In 1903, the application of the law was extended to the Caucasus, the Trans-caucasian and other southern provinces, but in the absence of suitable personnel and in a half civilized country, no result for the immediate future may be anticipated.