[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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 
 
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.)