[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR329.6]

[Page 458]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 329--DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES--Table of Contents
 
Sec. 329.6  Interstate or foreign commerce.

    (a) Nature of commerce: type, means, and extent of use. The types of 
commercial use of a waterway are extremely varied and will depend on the 
character of the region, its products, and the difficulties or dangers 
of navigation. It is the waterbody's capability of use by the public for 
purposes of transportation of commerce which is the determinative 
factor, and not the time, extent or manner of that use. As discussed in 
Sec. 329.9 of this part, it is sufficient to establish the potential for 
commercial use at any past, present, or future time. Thus, sufficient 
commerce may be shown by historical use of canoes, bateaux, or other 
frontier craft, as long as that type of boat was common or well-suited 
to the place and period. Similarly, the particular items of commerce may 
vary widely, depending again on the region and period. The goods 
involved might be grain, furs, or other commerce of the time. Logs are a 
common example; transportation of logs has been a substantial and well-
recognized commercial use of many navigable waters of the United States. 
Note, however, that the mere presence of floating logs will not of 
itself make the river ``navigable''; the logs must have been related to 
a commercial venture. Similarly, the presence of recreational craft may 
indicate that a waterbody is capable of bearing some forms of commerce, 
either presently, in the future, or at a past point in time.
    (b) Nature of commerce: interstate and intrastate. Interstate 
commerce may of course be existent on an intrastate voyage which occurs 
only between places within the same state. It is only necessary that 
goods may be brought from, or eventually be destined to go to, another 
state. (For purposes of this regulation, the term ``interstate 
commerce'' hereinafter includes ``foreign commerce'' as well.)

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