Sundays, and holidays; actual firing dates and hours scheduled within authorized period to be announced in advance in special firing notices.

(3) Danger Area III. 8 a.m. to 5 p.m., e.s.t./e.d.t., Wednesday through Sunday; actual firing dates and hours scheduled within authorized period to be announced in advance in special firing notices.

(d) Restrictions:

(1) No vessel shall enter or remain in a danger area during a scheduled firing period announced in a special firing notice unless specific permission is granted in each instance by a representative of the enforcing officer.

(2) The danger areas within the danger zone shall be open to the public for navigation, fishing and other public use when firing and/or bombing is not scheduled.

(e) Enforcing agencies: The regulations in this section shall be enforced for the respective danger areas by the following commanders and such agencies as each may designate for his assigned areas. He will be responsible for proving the prescribed control, signals, and special firing notices.

(1) Danger Area I. Adjutant General, State of Ohio.

(2) Danger Area II. Adjutant General, State of Ohio.

(3) Danger Area III. Commanding Officer, Naval Air Facility, Detroit, at Mount Clemens, Mich.

(f) Control and signals:

(1) Danger Area I: When firing into Area I, red flags will be flown from the safety tower at Camp Perry, and from flag poles in the butts of the ranges being used.

(2) Danger Area II: During all types of firing into Area II, red flags will be displayed, one from the safety tower at Camp Perry and one from the safety tower at the Erie Proof Front. During firing into Area II, patrol boats will police and maintain surveillance of the area, and will be in constant radio communication with the shore station controlling the firing.

(3) Danger Area III: When using Area III aircraft crews will maintain surveillance of the area prior to and during firing/bombing operations. Aircraft will contact and clear through the Detroit Flight Service Station by radio prior to entering and upon departing the

area.

(4) The appropriate enforcing officer has authority to suspend any scheduled firing for reasonable periods during regattas and immediately after fishing nets are destroyed or dislocated by severe storms.

(5) The special firing notices which will include schedules of use will be published by the enforcing officer indicated in paragraph (e) of this section, in sufficient time to permit circularization to interested parties and posting on the bulletin boards of post offices in surrounding localities. Special notices will also be furnished the District Engineer, Corps of Engineers, Detroit, Mich.; the Commander, Ninth Coast Guard District, Cleveland, Ohio; the Regional Manager, Federal Aviation Administration, Chicago, Ill.; and each of the enforcing agencies listed in paragraph (e) of this section. Users of the waterway shall familiarize themselves with the current special firing notices. If in doubt, inquiry should be made to the enforcing officer indicated in paragraph (e) of this section.

(6) Agencies desiring to use the areas shall present their requirements to the respective enforcing officer who is responsible for, and is granted authority to, coordinate the firing and established priorities, for the using agencies.

(g) Fishing permits: Fishermen desiring to set fixed nets within the danger zone are required in every instance to have a written permit. Permits for placing nets within Areas I and II may be obtained by written application to the Adjutant General, State of Ohio. For Area III such permit requests will be addressed to the Commanding Officer, Naval Air Facility, Detroit, at Mount Clemens, Mich. Applicants for permits must state the location at which they desire to set fixed nets and the period of time which they desire the permit to

cover.

(h) Injurious chemicals: No phosphorus or other poisonous chemicals injurious to wild fowl or fish will be discharged into the waters of the areas.

(i) The regulations in this section shall be reviewed annually by the Department of the Army to determine whether further limitations of the danger zone shall be considered. [35 F.R. 17178, Nov. 7, 1970]

§ 204.195 Anaheim Bay Harbor, Calif.;

Naval Weapons Station, Seal Beach.

(a) The danger zone. The waters of Anaheim Bay Harbor between the east and west jetties at the United States Naval Weapons Station, Seal Beach California, and the contiguous tidal channel and basin as far east as the Pacific Electric Railway bridge.

(b) The regulations. (1) Passage and transit of Anaheim Bay and Harbor is permitted to regularly documented vessels and power boats having a Certificate of Number assigned by the State of California Division of Small Craft Harbors subject to these regulations and the military operation within the area.

(2) All craft authorized for transit of this area and properly registered in the Security Office with the name and address of owner, description, color, and size of the craft, will be provided a decal for identification at the time of registration. The decal must be displayed on the windshield or such other area to permit security personnel to view the decal.

(3) Decals will not be transferred from one boat to another nor from one person to another, and must be destroyed when no longer desired by the individual originally registering the boat.

(4) Sailing vessels shall use auxiliary power in the inner harbor area.

(5) Rowboats, canoes, kayaks, surfboards, water skis, etc., are specifically prohibited within the danger and controlled zones.

(6) All boats shall proceed through the danger zone by the route prescribed by the enforcing agency.

(7) Speed shall not exceed 8 knots in the outer harbor and 3 knots in the inner harbor. Private boats unable to throttle down or to maintain steerage way at 3-knot speed may proceed at the minimum speed (in excess of 3 knots) consistent with good seamanship and with waterborne explosive handling operations in progress. In case of doubt, boat operators of inbound boats will remain in the west end of the basin and outbound boats in the east end of the basin until informed of the completion of the waterborne explosive handling hazard. (The hazard is usually the hand passing of live ammunition from small boats to lighters moored at the east end of the wharf.)

(8) Smoking in boats is prohibited during the transit of this area.

(9) All craft of whatever category shall have the right at any time to seek shelter in these waters because of stress of weather. Boats entering the area during the hours of darkness, seeking shelter, or seeking transit, shall stop at the dock located near the bridge and clear with the posted sentry.

(10) Nothing in these regulations of this section shall be construed as relieving the owner or persons in command of any vessels or plant from the penalties of the law for obstructing navigation or for not complying with the navigation laws in regard to lights or signals or for otherwise violating law.

(11) All boats shall heed and obey all posted signs and/or instructions issued by security personnel of the US. Naval Weapons Station.

(12) The regulations in this section shall be enforced by the Commanding Officer, U.S. Naval Weapons Station, Seal Beach, Calif., and such agencies as he may designate. For clarification or other information, the U.S. Naval Weapons Station, Officer of the Day, should be contacted.

[28 F.R. 3531, Apr. 11, 1963 and 30 F.R. 14527, Nov. 20, 1965]

§ 204.197 Pacific Ocean in vicinity of San Pedro, Calif.; practice firing range for United States Army Reserve, National Guard, and Coast Guard units.

(a) The danger zone. (1) [Reserved]

(2) Zone B. An area extending southwest and northwest from Point Vicente, described as follows: Beginning at Point Vicente Light, latitude 33°44′30′′, longitude 118°24'36''; thence southwesterly to latitude 33°43′42'', longitude 118°25'24''; thence northwesterly to latitude 33°46'30'', longitude 118°27′06''; thence southeasterly to the shore, latitude 33°44'54", longitude 118°24′42''; and thence southerly along the shore to the point of beginning.

(b) The regulations. (1) Intermittent firing may take place in the danger zone on any day from sunrise to sunset.

(2) Except as otherwise provided in this paragraph, the danger zone will be open to fishing and general navigation. When firing is not scheduled the danger zone may be occupied without restriction. When firing is in progress safety observers will be maintained to warn all vessels. Notice to vacate the area, or to stop at the boundaries, will be given

by siren, patrol vessel, or other effective means, and such notice shall be promptly obeyed. All vessels permitted to enter the danger zone during a firing period, other than those owned by and operated by or under the direction of the United States Government, shall proceed across the area by the most direct route and clear the area with the greatest possible dispatch. No vessel, fishing boat, or recreational craft shall anchor in the danger zone during an actual firing period.

(3) Nothing in this section shall be construed as relieving the owner or person in charge of a vessel from any penalties for obstructing navigation, or for obstructing or interfering with range lights, or for not complying with the navigation laws in regard to lights and fog signals, or for otherwise violating any law or regulations.

(4) The regulations in this section shall be enforced by the Commanding Officer, Fort MacArthur, California, and such agencies as he may designate.

[19 F.R. 3795, June 22, 1954, as amended at 27 F.R. 2465, Mar. 15, 1962]

§ 204.200 Pacific Ocean at San Clemente Island, Calif.; Navy shore bombardment area in vicinity of Pyramid Cove.

(a) The danger zone. Shoreward of a line beginning at White Washed Rock on the beach bearing 199° true, 540 yards, from Pyramid Head Light; thence 160°30′ true, 1.17 nautical miles; thence 243°30' true, 2.35 nautical miles; and thence 307° true to the beach.

(b) The regulations.

(1) This area is used for shore bombardment by the United States Navy and all vessels shall promptly vacate the area when ordered to do so by the Navy or Coast Guard. Vessels shall not enter the area during periods scheduled for firing as published in local Notice to Mariners.

(2) Except in an emergency, no vessel shall anchor in the area without first obtaining permission from the Commandant, Eleventh Naval District, or from the Senior Officer present in the anchorage who may grant permission to anchor not exceeding the period he himself is authorized to remain there. The Senior Officer present shall advise the Commandant, Eleventh Naval District, when and to whom he assigns a berth.

[18 F.R. 8301, Dec. 24, 1948. Redesignated at 14 F.R. 4904, Aug. 9, 1949]

33°00'40"-118°35'45''

(b) The regulations. (1) Intermittent firing may take place in the danger zone on any day from 8:00 a.m. until 1:00 p.m.

(2) Except as otherwise provided in this section, the danger zone will be open to fishing and general navigation.

(3) The operations officer, Naval Ordnance Test Station, Pasadena Annex, Pasadena, California, will announce firing schedules. Each week, public notices will be issued giving advance firing schedules. Such notices will appear in the local newspapers and in local "Notice to Mariners" and "Notice to Airmen.” For the benefit of the fishermen and small-craft operators, announcements will be made on the marine radio.

(4) When a scheduled firing is about to be undertaken, fishing boats and other small craft will be contacted by surface patrol boats or aircraft equipped with a loudspeaker system. When so notified, all vessels shall leave the area immediately by the shortest route. Upon completion of firing or if the scheduled firing is cancelled for any reason, fishermen and small-boat operators will be notified as far in advance as possible by Marine Radio Broadcast.

(5) The regulations in this section shall be enforced by security personnel attached to the Naval Ordnance Test Station, Pasadena Annex, and by such agencies as may be designated by the Commandant, Eleventh Naval District, San Diego.

[27 F.R. 6829, July 19, 1962]

§ 204.200b Pacific Ocean, San Clemente Island, Calif.; naval danger zone off China Point.

(a) The danger zone. The waters of the Pacific Ocean within an area beginning at China Point Light; extending in a direction of 200° true, 1.59

nautical miles; thence 308° true, 5.25 nautical miles; and thence 050° true to the shoreline.

(b) The regulations. (1) This area is used for shore bombardment by the U.S. Navy and vessels shall not enter the area during periods scheduled for firing, as published in local "Notice to Mariners".

(2) The regulations in this section shall be enforced by the Commandant, 11th Naval District and such agencies as he may designate.

[32 F.R. 6138, Apr. 19, 1967]

§ 204.201a Pacific Ocean in the vicinity of Point Mugu, Calif.; naval small arms firing range.

(a) The danger zone. A triangular area extending westerly into the waters of the Pacific Ocean from a point on the beach north of Point Mugu, California, described as follows: Beginning at latitude 34°05'32", longitude 119°03'57"; thence southwesterly approximately 4,000 yards to latitude 34°04′22'', longitude 119°05'55"; thence northwesterly approximately 1,500 yards to latitude 34°05'01", longitude 119°06'17"'; thence northeasterly to the point of beginning.

(b) The regulations. (1) Range firing will normally take place between 6 a.m. and 6 p.m., Thursday through Monday, and between 6 a.m. and 11:30 p.m., Tuesday and Wednesday of each week. Within the above periods, firing will be conducted as determined by the Commanding Officer, U.S. Naval Construction Battalion Center, Port Hueneme, Calif.

(2) Except as otherwise provided in this section, the danger zone will be open to fishing and general navigation.

(3) The Commanding Officer, U.S. Naval Construction Battalion Center, Port Hueneme, California, will announce firing schedules. Each week, public notices will be issued giving advance firing schedules. Such notices will appear in the local newspapers and in local "Notice to Mariners," and "Notice to Airmen." For the benefit of fishermen and smallcraft operators, announcements will be made on the marine radio.

(4) When a scheduled firing is about to be undertaken or is in progress, a large red flag will be displayed from the control tower situated at latitude 34°05'32'', longitude 119°03'57'', so as to be clearly visible for a distance of at least three (3) miles offshore. Safety observers will be on duty at all times when the warning flag is being displayed from the tower.

Upon completion of firing, or if the scheduled firing is canceled for any reason, fishermen and small-boat operators will be notified as far in advance as possible by Marine Radio Broadcast.

(5) Vessels or other craft shall not enter or remain in the danger zone when the warning flag is being displayed unless authorized to do so by the range officer in the control tower.

(6) The regulations in this section shall be enforced by the Commandant, Eleventh Naval District, San Diego, California, and such agencies as he may designate.

[28 F.R. 4785, May 14, 1963; 29 FR. 1818, Jan. 25, 1964; 32 F.R. 5834, Apr. 12, 1967] § 204.202 Pacific Ocean, Space and Missile Test Center (SAMTEC), Vandenberg AFB, Calif.; danger zone.

(a) The area. (1) The waters of the Pacific Ocean in an area extending seaward from the shoreline a distance of about three nautical miles and basically outlined as follows:

(2) The danger area described in subparagraph (1) of this paragraph will be divided into zones in order that certain firing tests and operations, whose characteristics as to range and reliability permit, may be conducted without requiring complete evacuation of the entire area. These zones are described as follows:

(i) Zone 1. An area extending seaward about three nautical miles from the shoreline beginning at latitude 34°30'40', longitude 120°30'10"; thence due west to latitude 34°30′40'', longitude 120°37'29''; thence due north to the shoreline at latitude 34°33′15′′, longitude 120°37′29′′.

(ii) Zone 2. An area extending seaward about three nautical miles from the shoreline beginning at latitude 34°33'15", longitude 120°37′29′′; thence due south to latitude 34°30'40", longi

tude 120°37'29"; thence to latitude 34°33'00'', longitude 120°41′05′′'; thence to latitude 34°34′32′′, longitude 120°42′30"; thence due east to the shoreline at latitude 34°34′32′′, longitude 120°39′03′′.

(iii) Zone 3. An area extending seaward about three nautical miles from the shoreline beginning at latitude 34°34'32", longitude 120°39'03"; thence due west to latitude 34°34'32"', longitude 120°42′15′′; thence to latitude 34°35'12'', longitude 120°42'45"'; thence to latitude 34°37'15'', longitude 120°41′55′′; thence due east to the shoreline at latitude 34°37'15'', longitude 120°38′00′′.

(iv) Zone 4. An area extending seaward about three nautical miles from the shoreline beginning at latitude 34°37′15", longitude 120°38'00"; thence due west to latitude 34°37'15", longitude 120°41′55′′; thence to latitude 34°40′00′′, longitude 120°40'50''; thence due east to the shoreline at latitude 34°40'00'', longitude 120°36′45′′.

(v) Zone 5. An area extending seaward about three nautical miles from the shoreline beginning at latitude 34°40'00'', longitude 120°36'45''; thence due west to latitude 34°40'00'', longitude 120°40'50"; thence to latitude 34°41'50'', longitude 120°40'12"; thence to latitude 34°44'50'', longitude 120°42′15′′; thence to latitude 34°45'28", longitude 120°42'05"; thence due east to the shoreline at Purisima Point (latitude 34°45'28'', longitude 120°38′15′′).

(vi) Zone 6. An area extending seaward about three nautical miles from the shoreline beginning at Purisima Point (latitude 34°45'28'', longitude 120°38'15"); thence due west to latitude 34°45'28", longitude 120°42'05"; thence to latitude 34°50'00'', longitude 120°40′30''; thence due east to the shoreline at latitude 34°50'00'', longitude 120°36'30"'.

(vii) Zone 7. An area extending seaward about three nautical miles from the shore line beginning at latitude 34°50'00", longitude 120°36′30"; thence due west to latitude 34°50'00", longitude 120°40'30''; thence to latitude 34°52'48", longitude 120°44'00''; thence to latitude 34°54'08'', longitude 120°44'00"; thence due east to Point Sal (latitude 34°54'08'', longitude 120°40'15'').

(viii) Zone 8. An area extending seaward with a radius of three nautical miles centered at Purisima Point (latitude 34°45'28'', longitude 120°38′15'').

(b) The regulations. (1) Except as

prescribed in this section or in other regulations, the danger zone will be open to fishing and general navigation without restrictions. Firing between designated hours is expected to be intermittent and, when safe to do so, commercial fishing boats and other small craft will be granted permission to proceed through the danger zones, or to another zone within the area.

(2) The stopping or loitering of vessels is expressly prohibited within a 3mile radius of Purisima Point (Zone 8) unless prior permission is obtained from the Commander, Space and Missile Test Center (SAMTEC).

(3) The firing of missiles will take place in any one or any group of zones in the danger area at frequent and irregular intervals throughout the year. The Commander, Space and Missile Test Center will announce hazardous firing operations. Each week public notices giving advance information for hazardous firing operations will appear in "Notice to Mariners." For the benefit of the fishermen and small craft operations, announcements will be made on radio frequency 2638 kc. Additionally, information will be posted on notice boards located outside Port Control Offices at Santa Barbara, Port San Luis, and Morro Bay.

(4) When a scheduled firing is about to be undertaken, fishing boats, other small craft, and shipping vessels which are operating in any one of the zones will be contacted by surface patrol boats or aircraft equipped with a loudspeaker system. Broadcasts on 2638 kc. will also be made starting at least 24 hours in advance of firing operations. When so notified, all vessels shall leave the specified zone or zones immediately by the shortest route.

(5) No seaplanes, other than those approved for entry by the Commander, Space and Missile Test Center, may enter the danger zone during firing periods.

(6) The regulations in this section shall be enforced by personnel attached to the Space and Missile Test Center (SAMTEC) and by such agencies as may be designated by the Commander, Space and Missile Test Center, Vandenberg Air Force Base, Calif.

(7) The Commander, Space and Missile Test Center will extend full cooperation relating to the public use of the danger area and will fully consider every