May West Jetty Light; thence 180° true, 800 yards; thence 250° true, 1,325 yards; and thence 335° true to the shore line.

(b) The regulations. (1) No vessel shall enter or remain in the danger area between sunrise and sunset daily, except as authorized by the enforcing agency.

(2) The regulations in this section shall be enforced by the Commander, Third Coast Guard District, or his authorized representative.

[25 F.R. 12244, Nov. 30, 1960]

(a) The danger zone. A circular area of one nautical mile radius having its center in Delaware Bay at latitude 38°58'12'', longitude 75°17'30''.

(b) The regulations. (1) Anchoring, trawling, crabbing, fishing and dragging in the danger zone are prohibited during daylight hours.

(2) The regulations in this section shall be enforced by the Commandant, Fourth Naval District, and such agencies as he may designate.

[20 F. R. 563, Jan. 26, 1955]

§ 204.25 Atlantic Ocean off Delaware Coast; antiaircraft artillery firing area, First U.S. Army.

(a) The danger zone. An area east of Bethany Beach described as follows: Beginning near Bethany Beach at latitude 38°31'15", longitude 75°03'10''; thence to latitude 38°35'11", longitude 74°57'30''; thence to latitude 38°30'15'', longitude 74°55'30"; thence to latitude 38°25'30", longitude 74°57'15"'; thence to a point on the shore at latitude 38°29'03"; and thence northerly along the shore to the point of beginning.

NOTE: The danger zone will be marked by buoys.

(b) The regulations. (1) All firing during the months of October to May, inclusive, will be conducted between 8 a.m. and 4 p.m., local time. Scheduled firing during the months June to September, inclusive, will be conducted between 12 noon and 6 p.m., local time. Certain firing may be conducted, however, between 8 a.m. and 12 noon during this latter period and will be rounds fired at fixed points for settling weapons, testing and verification purposes only in accordance with established Department of the Army Safety Regulations, and will in

volve no restrictions on navigation. No firing will be conducted during hours of darkness.

(2) Firing will take place on certain days other than National holidays during October to May, inclusive, and on certain days other than Saturdays, Sundays, and National holidays during June to September, inclusive, as listed in public notice to be issued each year by the District Engineer, U.S. Army Engineer District, Philadelphia, Pennsylvania.

(3) When it is determined that no firing will take place on any of the days for which firing is scheduled, the public will be so advised by radio and other practicable means as far in advance as possible.

(4) Except as provided in subparagraph (6) of this paragraph, no vessel shall enter or remain in the danger zones during the time of firing unless specific permission is granted in each case by one of the representatives of the enforcing agency policing the area in patrol boats.

(5) Prior to the conducting of each firing practice, the danger zones will be adequately patrolled to insure that no watercraft are within the danger zones and to warn any watercraft in a danger zone that firing is to take place. Any such watercraft shall, upon being so warned, immediately leave the area designated and shall remain outside the area until the conclusion of the firing practice.

(6) The regulations in this section shall not deny traverse of portions of the danger zones by regular cargo-carrying vessels, or commercial fishing vessels based at Lewes, Delaware. In case of the presence of any such vessel in a danger zone, the officer in charge of firing operations will cause the cessation or postponement of fire until the vessel has cleared the area. The vessel shall proceed on its normal course and shall not delay its progress.

(7) This section shall be enforced by the Commanding General, 1st U.S. Army, Fort George G. Meade, Md., and such agencies as he may designate.

[26 F.R. 11196, Nov. 28, 1961, as amended at 28 F.R. 6267, June 19, 1963; 30 F.R. 12839, Oct. 8, 1965; 33 F.R. 8390, June 6, 1968]

§ 204.27 Atlantic Ocean off Wallops Island and Chincoteague Inlet, Va.; danger zone.

(a) The area. An area immediately offshore from Wallops Island defined by

lines drawn as follows: Beginning at latitude 37°51'30'' N., longitude 75°27'30" W.; thence to latitude 37°51'30" N., longitude 75°17'12" W.; thence to latitude 37°43'18" N., longitude 75°29'42'' W.; and thence to latitude 37°49'18'' N., longitude 75°29′42′′ W.

(b) The regulations. (1) Vessels may enter and operate in the danger zone at all times when warning signals are not displayed.

(2) When warning signals are displayed, all vessels in the danger zone except vessels entering or departing Chincoteague Inlet shall leave the zone promptly by the shortest possible route and shall remain outside the zone until allowed by a patrol boat to enter, or until the danger signal has been discontinued. Vessels entering or departing Chincoteague Inlet shall take the shortest passage possible through the danger zone upon display of the danger signal.

(3) The intent to conduct rocketlaunching operations involving the area shall be indicated by a signal consisting of a large orange-colored, "blimpshaped" balloon by day and a signal rotating alternately red and white beacon by night. The balloon shall be flown at latitude 37°50'38'', longitude 75°28'47" and the beacon shall be displayed about 200 feet above mean high water at latitude 37°50'16'', longitude 75°29′07". The appropriate one of these signals shall be displayed 30 minutes prior to rocket-launching time and shall remain displayed until danger no longer exists.

(4) The regulations in this section shall be enforced by the Director, Wallops Station, National Aeronautics and Space Administration, Wallops Island, Va., or such agencies as he may designate. [31 F.R. 13445, Oct. 18, 1966]

§ 204.30 Chesapeake Bay; United States Army Proving Ground Reservation, Aberdeen, Md.

(a) Restricted area defined. The following indicates the limits of the waters of or adjacent to the Aberdeen Proving Ground, Maryland, and inside of which boundaries will lie the restricted area known as the Aberdeen Proving Ground, Maryland.

(1) Beginning at a point on the westerly side of Chesapeake Bay, at the south side of the mouth of Swan Creek, Harford County, Maryland, the most north

erly point of the reservation known as Plum Point; thence southeasterly along the low water mark on the shore of Chesapeake Bay to and across the north entrance of Spesutie Narrows to and thence along the low water mark on the north shore of Spesutie Island to Locust Point; thence along straight line from Locust Point to Turkey Point for a distance of approximately 1,400 yards; thence following a line parallel with and 1,000 yards from the low water mark on the easterly shore of Spesutie Island to a point 1,000 yards due southeast of Sandy Point; thence approximately southwest in a straight line to a point approximately 1,250 yards S. 10°30′ W. from Bear Point; thence approximately 9,275 yards S. 51°04′ W. to a point in Chesapeake Bay about 1,700 yards due east from Taylor Island Point; thence southwesterly in a straight course, except such variations as may be necessary to include all of Pooles Island to the southwesterly point of Pooles Island, thence in a northwesterly direction to the most southwesterly point of Spry Island, including all of Spry Island; thence northwesterly in a straight line to extreme southerly island off Lower Island Point; thence northwesterly in a straight line through Brier Point to a point in Seneca Creek where this line intersects a straight line which passes through monuments No. 124 and No. 125 on westerly part of Carroll Island; thence northeasterly in a straight line passing through Marshy Point, at the junction of Dundee Creek and Saltpeter Creek, to the intersection of the center line of Reardon Inlet with Gunpowder River, except such variations as may be necessary to exclude any and all parts of the point of land on the westerly side of Gunpowder River about one mile south of Oliver Point; thence northerly along the center line of Reardon Inlet to its intersection with the southeasterly line of the right of way of the Pennsylvania Railroad; thence northeast along the Pennsylvania Railroad following the reservation boundary line to shore of Bush River, and along its western shore to Fairview Point; thence northeast in a straight line across Bush River to concrete monument No. 64, located on the eastern shore of Bush River, south of Chelsea; thence along the eastern shore of Bush River northerly to the mouth of Sod Run; thence by a broken line along the boundary of the reservation to Swan Creek; and thence in a straight

line to Plum Point. (The above description may be traced on Coast and Geodetic Chart No. 1226).

(b) Authority delegated Commanding Officer. The Commanding Officer, Aberdeen Proving Ground, has been delegated the authority by the Secretary of the Army to designate from time to time by suitably posted bulletins or announcements, the conditions under which the public, including food fishermen and crabbers, may enter restricted waters of the Aberdeen Proving Ground.

(c) Penalty. All persons who enter the restricted waters, except as authorized in this section, without the authority of the Commanding Officer, Aberdeen Proving Ground, Md., are under the terms of the information given above, guilty of a misdemeanor and upon conviction thereon are punishable by a fine not exceeding $500 or by imprisonment not exceeding 6 months.

(d) Entrance into restricted waters by the public. The restricted areas will normally be open for navigation during the following hours:

(1) Monday through Thursday, 5 p.m. to 7:30 a.m.

(2) Saturdays and Sundays, 5 p.m. Friday to 7:30 a.m. Monday.

(3) National (not State) holidays, 5 p.m. the day preceding the holiday to 7:30 a.m. the day following the holiday. When urgent requirements of tests in the interest of national defense necessitate closing the restricted area during the aforementioned times and days, the Commanding Officer, Aberdeen Proving Ground, will publish appropriate circulars or cause to be broadcast over local radio stations notices informing the public of the time and days in which entrance into the restricted waters of Aberdeen Proving Ground by the general public will be prohibited.

(e) No limitations on firing to be conducted over land. There are no limitations on firing over land belonging to Aberdeen Proving Ground.

(f) Permits required from the Commanding Officer to set fixed nets in restricted waters. (1) Fishermen and crabbers desiring to set fixed nets within the restricted waters of Aberdeen Proving Ground Reservation are required in every instance to have a written permit. A fixed net for the purpose of this paragraph is defined as a pound net, staked gill net, hedge fike net, hoop net, eel pot,

crab pot, and all other types of nets fastened by means of poles, stakes, weights, or anchors. Permits to fish and crab within the restricted waters of Aberdeen Proving Ground may be obtained by written application to the Commanding Officer, Department of the Army, Aberdeen Proving Ground, Attention: Provost Marshall Division, Aberdeen Proving Ground, Md. Applicants for permits must state the location at which they desire to set fixed nets and state the period of time for which they desire the permit to cover. Nets placed in the restricted waters are subject to damage by gunfire and bombing, and the risk of such damage will be assumed by the holder of the permit.

(2) Holders of permits for setting fixed nets must comply with the provisions of this part and also with § 206.50 (d) of this chapter.

(g) Identification signs required at each location of fixed nets. Fishermen and crabbers who have been granted permits to fish or crab within the restricted waters of Aberdeen Proving Ground Reservation with fixed nets must at each location have a stake securely driven at the outer end of the line of nets on which is mounted a sign board which contains their name and permit number. All stakes set within the restricted area established by this regulation will project at least three (3) feet above the surface of the water at all ordinary high stages of the tide. Nets and other fishing and crabbing structures erected will be marked by stakes set at intervals not greater than fifty (50) feet. Fishing and crabbing structures erected in Aberdeen Proving Ground waters will be plainly marked on both ends, and will be lighted with a white light between sunset and sunrise, by and at the expense of the owner.

(h) Removal of pound net poles and or stakes. At the end of the fishing and crabbing season, fishermen and crabbers must remove and haul away from the location all pound nets, pots, poles or stakes used in their operation. Pound net poles or stakes must not be cast adrift after removal.

(i) Restrictions on fishermen and crabbers. It must be distinctly understood that holders of permits to fish or crab are not authorized to enter the restricted waters of Aberdeen Proving Ground Reservation outside the hours as announced by the Commanding Officer, Aberdeen Proving Ground. In addi

tion, the privileges granted in this paragraph include no right to land nor to cut or procure pound net poles or stakes on the Aberdeen Proving Ground Reservation.

(j) Fishing and crabbing with any type of net prohibited in all creeks. Fishing and crabbing with any type of net is prohibited in all creeks of the Aberdeen Proving Ground Reservation.

(k) Compliance with Federal, State and county laws required. The taking of fish and crabs in the waters of Aberdeen Proving Ground Reservation and the setting of and location of nets, in a manner not in compliance with Federal, State, and county laws is prohibited.

[13 F.R. 6915, Nov. 24, 1948 as amended at 32 F.R. 15673, Nov. 14, 1967]

§ 204.32 Chesapeake Bay, in the vicinity of Chesapeake Beach, Md.; firing range, Naval Research Laboratory.

(a) The danger zone-(1) Area A. A roughly rectangular area bounded on the north by latitude 38°39'55''; on the south by latitude 38°39'09''; on the east by longitude 76°31'03''; and on the west by the shore of Chesapeake Bay.

(2) Area B. The sector of a circle bounded by radii of 9,600 yards bearing 31° (to Bloody Bar Light) and 137° 30' (to Buoy N "16 FF"), respectively, from the center at the southeast corner of building No. 3; excluding Area A.

(3) Area C. The segment of a circle inclosed by the arcs of two circles having radii of 9,600 yards and 13,200 yards, respectively, and bounded by the extended radii marking the north and south limits of Area B.

NOTE: All bearings referred to true meridian.

(4) Area D. A roughly rectangular area bounded on the north by an eastwest line through Buoy C "1" at the entrance channel to Fishing Creek; on the south by an east-west line through Buoy C "23" northeast from Breezy Point; on the east by the established fishing structure limit line; and on the west by the shore of Chesapeake Bay.

(b) The regulations. (1) No vessel shall enter or remain in Area A at any time.

(2) No vessel shall enter or remain in Area B or Area C between the hours of 1:00 p. m. and 5:00 p. m. daily except Sundays, except that through navigation of commercial craft will be permitted in

Area C at all times, but such vessels shall proceed on their normal course and shall not delay their progress.

(3) No fishing structures, other than those presently in established locations, which may be maintained, will be permitted to be established in Area D without specific permission from the Director, Naval Research Laboratory.

(4) The areas will be in use throughout the year, and no further notice is contemplated that firing is continuing.

(5) Prior to the conduct of each firing practice a patrol vessel will patrol the range to warn navigation. "Baker" will be flown from a conspicuous point on the patrol vessel and from a prominent position on shore.

(6) This section shall be enforced by the Commandant, Fifth Naval District, and such agencies as he may designate. [13 F.R. 6916, Nov. 24, 1948, as amended at 17 F.R. 4832, May 28, 1952]

§ 204.36 Chesapeake Bay, in vicinity of Bloodsworth island, Md.; shore bombardment, air bombing, air strafing, and rocket firing area, U.S. Navy. (a) The danger zone. All waters of Chesapeake Bay and Tangier Sound within an area bounded as follows: Beginning at latitude 38°08'15'', longitude 76°10'00''; thence to latitude 38°12'00'', longitude 76°10'00''; thence to latitude 38°12'00'', longitude 76°07'00''; thence to latitude 38°13'00'', longitude 76°06'00"; thence to latitude 38°13'00'', longitude 76°04'00''; thence to latitude 38°12'00'', longitude 76°02'00''; thence to latitude 38°12'00", longitude 76°00'00"; thence to latitude 38°03'15'', longitude 76°00'00''; thence to the point of beginning.

(b) The regulations.

(1) No vessel or

other craft shall enter or remain in the restricted area when notified by an enforcing authority to keep clear or when firing is or will soon be in progress, except as provided in subparagraph (5) of this paragraph.

(2) Advance notice will be given of the dates and times of all firings and such notice will be published in the local "Notice to Mariners". The area will be in use intermittently throughout the year. On days when firing is conducted, firing will take place normally between sunrise and sunset, except that occasional night firing may be conducted between sunset and 12:00 midnight.

(3) Prior to the commencement of firing each day, surface or air search of the entire area will be made for the purpose of locating and warning all craft and persons not connected with the firing, and a patrol will be maintained throughout the duration of firing.

(4) Warning that ships are firing or soon will be firing will be indicated during daylight by a red flag prominently displayed from a tower off Okahanikan Point at latitude 38°11'45'', longitude 76°05'35'', and at night by a searchlight beam pointed into the sky. Warning that aircraft are firing or soon will be firing Iwill be indicated by the aircraft patrolling the area. All persons, vessels, and other craft shall clear the area when these signals are displayed or when warned by patrol vessels or by aircraft employing the method of warning known as "buzzing" which consists of low flight by the airplane and repeated opening and closing of the throttle.

(5) During hours when firing is in progress or is about to commence, no fishing or oystering vessels or other craft not directly connected with the firing shall navigate within the restricted area, except that deep-draft vessels proceeding in established navigation lanes and propelled by mechanical power at a speed greater than five knots normally will be permitted to traverse the area. When

ships are firing or soon will be firing, permission for such deep-draft vessels to enter and traverse the area will be indicated during daylight by dipping the red warning flag to half-mast, and at night by flashing the warning searchlight. When aircraft are firing or soon will be firing in the danger zone, such deep-draft vessels may proceed unless warned to stay clear of the area by the method of warning known as "buzzing."

(6) When firing is not in progress or is not about to commence, oystering and fishing boats and other craft may operate within the restricted area.

(7) All projectiles, bombs, and rockets will be fired to land on Bloodsworth Island or Pone Island, but Naval authorities will not be responsible for damage by such projectiles, bombs, or rockets, or by Navy or Coast Guard vessels, to nets, traps, buoys, pots, fish pounds, stakes, or other equipment which may be located within the restricted area.

(8) This section shall be enforced by the Commandant, Fifth Naval District, and such agencies as he may designate. [13 F.R. 6916, Nov. 24, 1948, as amended at 13 F.R. 9557, Dec. 31, 1948; 30 FR. 14102, Nov. 9, 1965; 30 F.R. 14317, Nov. 16, 1965] § 204.40 Potomac River.

(a) U.S. Naval Weapons Laboratory, Dahlgren, Va.-(1) The danger zone(i) Lower zone. The entire portion of the lower Potomac River between a line from Point Lookout, Md., to Smith Point, Va., and a line from Buoy 14 (abreast of St. Clements Island) to a point near the northeast shore of Hollis Marsh at latitude 38°10'00'', longitude 76°45'23.5''. Long-range and aerial machine gun firing is normally conducted in this zone at infrequent intervals.

(ii) Middle zone. Beginning at the intersection of the Potomac River Bridge with the Virginia shore; thence to Light 33; thence to latitude 38°19′06′′, longitude 76°57'07'', which point is about 3,300 yards east-southeast of Light 30; thence to Line of Fire Buoy O, about 1,150 yards southwesterly of Swan Point; thence to Line of Fire Buoy M, about 1,700 yards south of Potomac View; thence to Line of Fire Buoy K, about 1,400 yards southwesterly of the lower end of Cobb Island; thence to Buoy 14, abreast of St. Clements Island; thence southwesterly to a point near the northeast shore of Hollis Marsh at latitude 38°10'00'', longitude 76°45'23.5''; thence northwesterly to Line of Fire Buoy J, about 3,000 yards off Popes Creek, Va.; thence to Line of Fire Buoy L, about 3,600 yards off Church Point; thence to Line of Fire Buoy N, about 900 yards off Colonial Beach; thence to Line of Fire Buoy P, about 1,000 yards off Bluff Point; thence northwest to latitude 38°17'52'', longitude 77°01'00'', a point of the Virginia shore on property of the U.S. Naval Weapons Laboratory, a distance of about 3,800 yards; thence northerly along the shore of the U.S. Naval Weapons Laboratory to Baber Point, latitude 38°18′42′′, longitude 77°01′45′′'; and thence northnorthwest to latitude 38°19'09", longitude 77°02′08′′, a point on the Main Dock at the U.S. Naval Weapons Laboratory. Firing is normally conducted in this zone daily except Saturdays, Sundays, and national holidays.

(iii) Upper zone. Beginning at Mathias Point, Va.; thence north to