Yes, that's correct. That's still the case under section 35, because if you look at the definition of serious harm, which is in section 2, serious harm to fish is defined as the death of the fish or the permanent alteration or destruction of habitat. So you can't kill a fish without the minister's authorization.
However, this is applied based on some principles or some factors that are outlined in section 6. Section 6 says you will apply the prohibition, the section 35 prohibition, based on the ongoing productivity of the fishery, the contribution of these fish to the ongoing productivity of the fishery.
So what you would say in this instance, or in an instance such as I believe you are raising, is, look, this is killing a few fish, but it's not affecting the fishery, so it's okay to go ahead—or, it's killing a few fish, that's actually a very significant species at risk, not many of those fish are around, and therefore you're not authorized to do it.
So there's now clear direction in section 6 about how to apply that prohibition with respect to killing of fish. There are other directions in addition to productivity. One is the fisheries management objectives; another is asking if there are ways to offset, mitigate, or avoid that harm; and the other is the public interest.