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Physical
Habitat Protection
Return
to The Fisheries Act
The Fisheries
Act prohibits the harmful alteration, disruption, or
destruction of fish habitat [Section
35(1)].
What
is fish habitat?
Fish
habitat is defined by the Fisheries Act as:
"...spawning
grounds and nursery, rearing, food supply and migration areas on
which fish depend directly or indirectly in order to carry out
their life processes..."
This
means that fish habitat includes where fish physically live at
any time during their life cycle from egg stage to adult, and
areas where a fish's food may be produced. An area can be
considered fish habitat even if you don't see any fish there at
a given time. Ephemeral streams (streams that have water in them
for parts of the year only) may also be considered fish habitat
as they often provide valuable over-wintering habitat for
juveniles, or are important in food production. Certain
riparian (streamside) areas are considered fish habitat as well
and are therefore protected under the Fisheries Act.
This would include many areas that are adjacent to streams,
lakes and marine environments.
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Areas
defined as fish habitat can only be altered if such
works have been approved by
Fisheries
and Oceans Canada |
Other
Sections of the Fisheries Act Used to Protect Fish and
Fish Habitat
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Section |
Provision |
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20(1) |
Calls
for fish-way or canal for fish passage around
obstructions.
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21(4) |
Calls
for fish stops or diverters above and below obstructions
to prevent the destruction of fish.
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22(1) |
Calls
for sufficient flow of water over an obstruction for the
safe and unimpeded descent of fish.
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30(1) |
Calls
for fish guards or screens on water intakes, ditches,
channels or canals to prevent fish passage into the
intake, ditch, channel or canal.
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32 |
Prohibits
the destruction of fish by any means other than fishing.
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Return
to The Fisheries Act
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