Permafrost as navigable waters? If a fish is unable to swim in it; it sure as hell is NOT navigable!
I was at the Army Air Corps airstrip on Cold Bay, Alaska, in July, 1942. The “earth” was “permafrost.” To be usable, the military had laid airstrips made of Marsden Matting so aircraft could maneuver on top of the permafrost. I was able to just shove a finger into the permafrost. Thus, I am forced to conclude: 1) A fish could NOT swim in it; and 2) It sure as hell cannot be considered navigable waters.