20. Spawning Areas: In the July 21, 1999, Federal Register notice, we proposed to modify this general condition by adding the word "important" before the phrase "spawning areas." The proposed modification would limit this general condition to spawning areas used by species harvested commercially for human consumption.
One commenter objected using the word "important" in this general condition, stating that it ignores the fact that commercially harvested fish species often rely on non-commercial species for survival . Two commenters said that this general condition should apply to all spawning areas. One commenter recommended expanding the scope of General Condition 20 to spawning areas of importance to recreational fisheries. One commenter suggested that the phrase "important spawning areas" should be replaced with "spawning areas that support Federally-listed or special status fish." A commenter said that spawning areas that are important for state-listed endangered or threatened species or ecologically important fish species can be addressed through General Condition 25, Designated Critical Resource Waters. One commenter requested that the Corps provide a definition of the term "substantial" as it is used in the context of this general condition because many species of fish can tolerate high turbidity levels for short periods of time.
We maintain our position that the terms of this general condition should be limited to spawning areas used by species that are harvested commercially for human consumption. Division engineers can impose regional general conditions to restrict or prohibit activities in spawning areas used by other species. We cannot provide a definition of the word "substantial" as it is used in the context of this general condition because it is more appropriate to make this determination on a case-by-case basis, depending on the characteristics of the project site and the species that may be affected. This general condition is adopted as proposed.