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Public comments are due today on the proposed definition by the U.S. Environmental Agency and U.S. Army Corps of Engineers concerning Waters of the United States.  The definition limits the jurisdictional reach of the agencies under the authorities granted to them by the Clean Water Act.
 
The National Aquaculture Association (NAA) focused on issues within the definition pertinent to US aquaculture.  Those comments were:

• Codify the definition in two places, with one definition provided in Title 33 Code of Federal Regulations (CFR), for the U.S. Army Corps of Engineers and the same definition in Title 40, CFR, for the U.S. Environmental Protection Agency.  Establishing a universal definition in a single section of each title will prevent confusion, reduce potential conflicting interpretations, and better ensure that future regulatory revisions incorporate the appropriate defined terms.
• Include territorial seas seamlessly within the definition by acknowledging the term but not limiting or restricting agency authority because of its use as a maritime boundary definition in other regulations.
• Eliminate the “interstate waters” as a separate category as it is clear Congress intended navigable waters to be the operative term in developing regulations.
• Adopt the proposed definitions for impoundments, tributaries, ditches, lakes, ponds and adjacent wetlands.  These definitions are influenced by the proposed definitions that we support for: ephemeral, intermittent and perennial.
• Include in the definition for adjacent wetlands the well-established and recognized three-part test to establish wetland boundaries by hydrology, hydrophytic vegetation and hydric soils. This established wetland delineation practice is understood by the agencies and public and will contribute to consistent regulatory implementation. 

We also emphasized and shared the economic impact of Clean Water Act regulations on US aquaculture reported in papers by Doctors Carole Engle and Jonathan van Senten and Mr. Gary Fornshell relative to baitfish, gamefish and salmonid farms. 
 
Please contact the NAA Office at 850-216-2400 or naa@thenaa.net for the letter, cited papers or if you have questions.