23. Waterfowl Breeding Areas: In the July 21, 1999, Federal Register notice, we did not propose any changes to this general condition. One commenter recommended expanding this general condition to include all wetland-dependent migratory bird species.
We do not agree with this comment, because the intent of this general condition is to ensure that the NWPs do not authorize activities that result in more than minimal adverse effects to waterfowl, not all migratory bird species that may utilize wetlands. This general condition is retained without change.