(2) The regulations in this section shall be enforced by the Commander, Caribbean Sea Frontier, San Juan, Puerto Rico, and such agencies as he may designate.

[Regs., June 24, 1974, 1522-15 (Atlantic Ocean, Puerto Rico)-ENG-CW-ON] (Sec. 7, 40 Stat. 266, (33 U.S.C. 1))

[13 FR 9530, Dec. 31, 1948. Redesignated at 14 FR 4904, Aug. 9, 1949, and amended at 28 FR 349, Jan. 12, 1963; 39 FR 27133, July 25, 1974]

§ 204.234 Caribbean Sea and Vieques Sound in vicinity of Eastern Vieques, bombing and gunnery target area.

(a) The Danger Zone. From Punta Conejo on the south coast of Vieques at latitude 18°06'30", longitude 65°22′33′′; thence to latitude 18°03′00′′, longitude 65°21'00"; thence to latitude 18°03'00", longitude 65°15'30"; thence to latitude 18°11'30", longitude 65°14'30"; thence to latitude 18°12′00′′, longitude 65°20'00"; and thence to Cabellos Colorados on the north coast of Vieques at latitude 18°09'49", longitude 65°23'27".

(b) Regulations. (1) It will be open to navigation at all times except when firing is being conducted. At such times no surface vessels, except those patrolling the area, shall enter or remain within the danger area. Prior to conducting each firing or dropping of ordnance the danger area will be patrolled to insure that no watercraft are within the danger area. Any watercraft in the vicinity will be warned that practice firing is about to take place and advised to vacate the area.

(2) The regulations will be enforced by the Commander, Caribbean Sea Frontier, San Juan, P.R., and such agencies as he may designate.

[Regs., June 24, 1974, 1522-15 (Atlantic Ocean, Puerto Rico)-ENG-CW-ON] (Sec. 7, 40 Stat. 266, (33 U.S.C. 1)) [39 FR 27133, July 25, 1974]

206.5 Navigable waters on coast of Maine and New Hampshire, including the rivers, bays thereof etc.; fishing. 206.15 Coastal waters of Massachusetts and Rhode Island and the waters of Fishers Island and Gardiners Point, New York; fishing.

206.20 Narragansett Bay and its tributaries, R.I.; oyster grounds.

206.25 Navigable waters of State of Connecticut; oyster grounds.

206.30 Gardiners and Great and Little Peconic Bays, N.Y.; oyster grounds.

206.35 Atlantic Ocean between Montauk Point, N.Y., and Cape Charles, Va.; fishing.

206.40 Bays and estuaries tributary to the Atlantic Ocean between Montauk Point, N.Y., and Cape Charles, Va., and in the State of New York, tributary to Long Island Sound; fishing.

206.45 Hudson River, N.Y. and N.J., south of Stony Point, Stony Point, N.Y.; fishing.

206.46 Hudson River, N.Y., north of Stony Point, Stony Point, N.Y.; fishing. 206.47 Delaware Bay, New Jersey; fish pounds.

206.50 Chesapeake Bay, Md. and Va., and its navigable tributaries; fishing structures.

206.55 Chesapeake Bay, Md. and Va., and its tributary waters; Assawoman, Isle of Wight and Sinepuxent Bays, Md., and Chincoteague Bay, Md. and Va., and their tributary waters; duck blind. 206.60 Winyah Bay, S.C.; fishing. 206.75 Green Bay, between Menominee and Cedar Rivers, Mich.; fishing. 206.80 Lake Erie between Marblehead Light, Ohio, and Barcelona, N.Y.; fishing.

206.85 San Francisco Bay, San Pablo Bay, Carquine Strait, Suisun Bay, New York Slough, San Joaquin River, Sacramento River, and their navigable tributaries and connecting waterways, Calif.; floating or drifting fish nets.

206.90 Coastal waters of Oregon and Washington and the navigable waters tributary thereto, including Columbia River, Oreg., Wash. and Idaho, and all its navigable tributaries; fishing.

206.93 Puget Sound Area, Wash.; gill nets. 206.95 Coastal waters of Alaska and navigable waters tributary thereto; fishing.

AUTHORITY: Sec. 10, 30 Stat. 1151; 33 U.S.C. 403.

§ 206.5 Navigable waters on coast of Maine and New Hampshire, including the rivers, bays thereof, etc.; fishing. Until further notice, all weir, trap, and pound fishermen who desire to operate in the navigable waters of the United States, including the rivers and bays, on the coast of Maine and New Hampshire and under conditions stated as follows, but not otherwise, and whose written applications may receive the approval of the Engineer Officer of the United States Army in charge of the locality are hereby authorized by the Secretary of the Army to construct and maintain fish weirs and traps erected in the usual manner as heretofore, subject to the following conditions:

(a) All persons desiring to erect and maintain fish weirs, traps, or pounds under this authority shall make application to the Engineer Officer of the United States Army, United States Court House, Portland, Maine, or to the Division Engineer, U.S. Army Engineer Division, New England, 424 Trapelo Road, Waltham Mass. 02154, giving their names, their addresses, the proposed location of their weir, trap, or pound, and evidence that the proper license has been granted by the municipal authorities except in cases of localities not within the limits of any town. They shall also report to him all changes of ownership or abandonment of the location.

(b) That all the apparatus to be used and the work authorized in this section to be done shall be subject to the supervision and approval of the aforesaid Engineer Officer.

(c) That no weir, trap, or pound shall be located or built in such place or manner as to obstruct or interfere with navigation.

(d) That on the outer end of the weir, trap, or pound the grantee or owner shall maintain a sign inscribed "U.S. No. -" with letters and numerals not less than 2 inches in height, capable of being readily read from a boat or vessel, and failure to keep such sign conspicuously displayed shall be sufficient reason for the cancellation of this authority and for prosecution as provided in paragraph (f) of this section.

(e) That there shall be installed and maintained upon the said weir, trap, or pound such lights and signals as may be prescribed by the U.S. Coast Guard.

(f) That upon ceasing to use any weir, trap, or pound as hereby authorized, the structure, including all stakes, etc., shall be at once removed by the owner, and failure to so remove the same shall be considered good ground for prosecution of the owner for maintaining illegal structures endangering navigation, as set forth in sections 10 and 12 of the River and Harbor Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 403, 406). Any fish weir, trap, or pound allowed to go into a condition of disrepair so that it cannot be readily seen, and on which the permit number is not conspicuously displayed, will be regarded as abandoned, and if not promptly removed or rebuilt will subject the owner to prosecution.

(g) That any structure hereby authorized which shall, in the judgment of the Secretary of the Army, prove an unreasonable obstruction to navigation, shall be removed by the owners thereof, at their own expense, within 30 days after notification by the Department of the Army.

It is understood that this permission is revocable at will by the Secretary of the Army; that it simply gives consent under said act of Congress to the construction and maintenance of the structure by the licensee so far as concerns the interests of navigation; that it does not authorize any injury to private property or invasion of private rights; and that it does not authorize any infringement of State laws or regulations nor obviate the necessity for full compliance with such laws. [Regs., June 19, 1912]

§ 206.15 Coastal waters of Massachusetts and Rhode Island and the waters of Fishers Island and Gardiners Point, N.Y.; fishing.

(a) Authority. All weir, trap, and pound fishermen operating under authority granted by the States of Massachusetts, Rhode Island, and New York within their respective jurisdic

tions are hereby authorized by the Secretary of the Army to construct and maintain fishnet stakes and traps, in designated areas of the coastal waters, erected in the usual manner as heretofore subject to the regulations in this section.

(b) Definitions. The terms "fish trap" and/or "fishing structures" as used in this section shall include stub and floating traps, weirs, pounds, nets, or other equivalent contrivance or thing set on, in, or anchored to the bottom or shore used for the purpose of catching and/or impounding fish.

(c) Supervision. General supervision of the location, construction, and manner of maintenance of all fishing structures shall be exercised by the Division Engineer, U.S. Army Engineer Division, New England, 424 Trapelo Road, Waltham, Mass. 02154.

(d) Description of fishing limits. (1) The areas within which fishing structures may be placed are shown by hatching on the five maps attached to this section (Nos. 1 through 5). Copies of the maps are on file in the Office of the Division Engineer. The areas are also shown on applicable U.S. Coast and Geodetic Survey Charts.

(2) In the navigable parts of all tributary streams and ponds where limiting lines are not shown, no fish structures shall be placed until a map showing the exact location proposed shall have been submitted to and approved by the Division Engineer.

(e) Requirements concerning the placing, marking, and maintenance of structures. (1) No traps shall be set before February 15 and all structures shall be completely removed on or before December 31 of each year. All submerged or broken-off stakes must be removed promptly by and at the expense of the wner of the fishing

structure.

(2) Traps within the so-called "outer areas" south and east of Newport, R.I., as designated on Map No. 4 shall not be placed or set prior to April 25 and

shall be removed completely not later than July 25. Traps in this area shall be removed promptly whenever the area is needed for artillery practice and notice to that effect is given by public advertising or in writing to the trap owners.

(3) If traps in the outer areas are set in a continuous string or line, there shall be left between each pair of traps thus set an interval of at least 600 feet (100 fathoms) in which no trap, leader, or other obstructions may be placed.

(4) The name of the owner of each fishing structure shall be displayed in black letters not less than 3 inches in height upon a white background from the stake or barrel at the outer end of the structure in such position that it may be seen readily by passing vessels.

(5) Such lights and signals shall be displayed on each trap as provided in § 209.130(p) of this chapter. Each light shall have a capacity to burn 8 days of stormy weather unattended. These lights shall be placed at an elevation not less than 10 feet above the plane of mean high water; for floating traps, 3 feet above the water. All lights shall be subject to the inspection and approval of the Division Engineer. The owner of the structure will be responsible for keeping his lanterns in firstclass condition and for the proper maintenance of the light during the hours above prescribed.

(6) Any fishing structure allowed to get into a condition of disrepair so that it cannot be seen readily, or on which the name of the owner is not displayed as specified in this paragraph, or on which lights and signals are not maintained as required by § 209.130(p) of this chapter, if not promptly made to conform to this section in all respects, will be regarded as abandoned, and the owner will be subject to prosecution.

(f) General. (1) Nothing provided in this section shall be interpreted as setting aside exclusively for fisheries any area of navigable water.