[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR329.6]



[Page 467-468]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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



[[Page 468]]



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.)