I think there are three areas in that section 35 that have led to confusion, questions, and uncertainty. The first one is “commercial, recreational or Aboriginal fishery”, because previously it was just everything. Now it is “commercial, recreational or Aboriginal fishery”. What exactly does that mean? There are definitions in the act, but we don't have the jurisprudence to say exactly what that means. Does it have to be actively fished or is it subject to a licence, etc.?
The second one is “fish that support such a fishery”. Is that just the prey? Is it two or three trophic levels down? What exactly is meant by that?
The third is “serious harm”. Serious harm is defined as the death of the fish, which is pretty certain, or permanent harm or destruction of habitat. What is permanent alteration of habitat as opposed to temporary? How permanent do you have to be to get to permanent?
There have been questions, whereas the previous section 35 was pretty blunt for any harmful alteration, disruption, or destruction of habitat anywhere. You have those three sets of issues trying to get at fisheries in there, but it does create some uncertainty.