Nationwide Permit 4 authorizes the installation of devices and the conduct of activities related to the harvesting, enhancement, and attraction of fish and wildlife. This includes traditional harvesting equipment such as pound nets, crab traps, eel pots, lobster traps, and duck blinds. It also covers enhancement activities like clam and oyster digging, as well as the placement of fish aggregating and attraction devices such as open water fish concentrators (e.g., sea kites). The permit applies to both Section 10 navigable waters and Section 404 discharges of dredged or fill material. However, it specifically excludes the authorization of artificial reefs, the creation of impoundments for culturing motile species, or the use of covered oyster trays and clam racks. The permit is intended to cover activities with minimal environmental impacts that support local fishing and wildlife management.
The 2026 reissuance of NWP 4 contains no substantive changes to its terms and conditions when compared to the 2021 version. The Corps reevaluated the permit and determined that the existing qualitative and quantitative limitations are sufficient to ensure that authorized activities result in no more than minimal individual and cumulative adverse environmental effects. During the rulemaking process, the Corps considered adding requirements to notify the U.S. Coast Guard or National Ocean Service for temporary structures authorized by this permit. However, the Corps declined to add these notes, concluding it was impractical to require such notifications for structures and devices that are temporary in nature and do not represent the same level of navigational hazard as permanent artificial reefs.
Commercial and recreational fishermen, watermen, and wildlife managers typically use this permit. It is essential for individuals or organizations installing traps, nets, or duck blinds in jurisdictional waters, as well as those performing shellfish seeding or using fish attraction devices.
The Corps determined that the reissuance of NWP 4 has 'no effect' on federally-listed endangered or threatened species or their critical habitat. This is because General Condition 18 requires project-specific Section 7 consultation for any activity that 'might affect' these resources; no activity is authorized until that process is complete. Similarly, compliance with the National Historic Preservation Act is ensured through General Condition 20, requiring a pre-construction notification if an activity has the potential to affect historic properties. For Essential Fish Habitat (EFH), the Corps found that district engineers can add regional or activity-specific conditions to ensure that harvesting or attraction activities do not cause more than minimal adverse effects.
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