Canadian fisheries waters: all waters in the fishing
zones of Canada, all waters in the territorial sea of Canada
and all internal waters of Canada (Fisheries Act, sec. 2).
Compensation (for loss of habitat): replacement of natural
habitat, increase in the productivity of existing habitat, or
maintenance of fish production by artificial means in circumstances
dictated by social and economic conditions, where mitigation
techniques and other measures are not adequate to maintain habitats
for Canada's fisheries resources.
Conservation of habitats: the planned management of human
activities that might affect fish habitats to prevent destruction
and subsequent loss of fisheries benefits.
Destruction of fish habitat: any permanent change of
fish habitat which completely eliminates its capacity to support
one or more life processes of fish.
Disruption of fish habitat: any change to fish habitat
occurring for a limited period, which reduces its capacity to
support one or more life processes of fish.
Fish: includes parts of fish, shellfish, crustaceans,
marine animals and any parts of shellfish, crustaceans, or marine
animals, and the eggs, sperm, spawn, larvae, spat and juvenile
stages of fish, shellfish, crustaceans and marine animals (Fisheries
Act, sec. 2)
Fishery: includes the area, locality, place or station
in or on which a pound, seine, net, weir or other fishing appliance
is used, set, placed or located, and the area, tract or stretch
of water in or from which fish may be taken by the said pound,
seine, net, weir or other fishing appliance, and also the pound,
seine, net, weir, or other fishing appliance used in connection
therewith. (Fisheries Act, sec. 2)
Fish habitat: means 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 (Fisheries
Act, sec. 34(1)).
Fish habitat is comprised of those physical, chemical and biological
attributes of the environment which are required by fish to
carry out their life processes (e.g., spawning, nursery, rearing,
feeding, overwintering, migration). Fish habitat refers to freshwater,
estuarine and marine environments that directly or indirectly
support fish stocks or fish populations that sustain, or have
the potential to sustain, subsistence, commercial or recreational
fishing activities.
Fishing: means fishing for, catching or attempting to
catch fish by any method (Fisheries Act, sec. 2).
Harmful alteration, disruption or destruction of fish habitat
(HADD): any change in fish habitat that reduces its capacity
to support one or more life processes of fish.
Harmful alteration of fish habitat: any change to fish
habitat that indefinitely reduces its capacity to support one
or more life processes of fish but does not completely eliminate
the habitat.
Mitigation: actions taken during the planning, design,
construction and operation of works and undertakings to alleviate
potential adverse effects on the productive capacity of fish
habitats.
Net gain: an increase in the productive capacity of habitats
for selected fisheries brought about by determined government
and public efforts to conserve, restore and develop habitats.
No net loss: A working principle by which the department
strives to balance unavoidable habitat losses with habitat replacement
on a project-by-project basis so that further reductions to
Canada's fisheries resources due to habitat loss or damage may
be prevented.
Obstruction: any slide, dam or other obstruction impeding
the free passage of fish (Fisheries Act, sec. 2).
Productive capacity: The maximum natural capability of
habitats to produce healthy fish, safe for human consumption,
or to support or produce aquatic organisms upon which fish depend.
Productive capacity is analogous to carrying capacity, which
can be defined as the maximum biomass of organisms that can
be sustained on a long-term basis by a given habitat.
Protection (of habitats): prescribing guidelines and
conditions, and enforcing laws for the purpose of preventing
the harmful alteration, destruction or disruption of fish habitat.
Redesign of a project: any change to a project so that
it no longer has negatives impacts on fish habitat.
Redesign measures might include building an open concept pier
rather than an infilled structure, modifying the orientation
or length of a breakwater, or using a different material in
the construction of a wharf.
Relocation of a project: physical moving of a project, or
part of a project, to eliminate adverse impacts on fish habitat.
Examples of projects where relocation might be required include
moving a bridge downstream to protect a spawning ground or moving
a dredged material ocean dump site to protect a lobster ground.
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