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Interim Guide to the Application of Section 35 of the Fisheries Act to Marine Salmonid Cage Aquaculture

Document format: pdf

Publisher: Fisheries and Oceans Canada

Creation date: February 15, 2002

The federal Minister of Fisheries and Oceans Canada (DFO) is responsible for the administration and enforcement of Section 35 of the Fisheries Act. When reviewing project proposals, regional Habitat Management staff determines what effects the project may have on fish habitat. This is done in accordance with the Policy for the Management of Fish Habitat (DFO, 1986) and with Subsection 35(1) of the Fisheries Act which states that "no person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction (HADD) of fish habitat" except when authorized by the Minister, DFO, as contemplated in subsection 35(2) or through regulations under the Fisheries Act.

This document was developed in response to the rapid growth of the aquaculture industry to provide a practical and nationally consistent approach to the application of Section 35 to salmonid cage aquaculture developments. The determination by DFO Habitat Management assessors of whether a project has the potential to result in a HADD of fish habitat related to organic deposition is aided by the document, Decision Framework for the Determination and Authorizations of Harmful Alteration, Disruption or Destruction of Fish Habitat (DFO, 1998(a)). In the case of aquaculture, additional direction is required to assist assessors in determining whether an aquaculture project could cause a HADD of fish habitat.

Key Words: Canada • DFO • Salmon • Cage Culture • Policy and Regulation • Performance-Based Standards • Risk Assessment • Adaptive Management