17. Shellfish Beds: In the July 21, 1999, Federal Register notice, we proposed to change the title of this general condition from "Shellfish Production" to "Shellfish Beds." We also proposed to change the phrase "concentrated shellfish production" to "concentrated shellfish populations" because the word "production" implies that the general condition applies only to areas actively managed for shellfish production.
Two commenters recommended that the Corps change this general condition from a prohibition against activities in areas of concentrated shellfish populations to a notification requirement when any proposed NWP activity may cover concentrated shellfish populations. One commenter objected to changing the title of this general condition from "Shellfish Production" to "Shellfish Beds." This commenter also indicated that the restrictions imposed by this general condition are too broad.
With the exception of NWP 4, we do not agree that the NWPs should authorize activities in concentrated shellfish beds. Changing the terms of this general condition from "shellfish production" to "shellfish beds" is necessary to ensure that activities authorized by NWPs result in minimal adverse effects on the aquatic environment, especially in areas of concentrated shellfish populations that may be harvested for human consumption. The modification of this general condition is adopted as proposed.