§ 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. The placing and maintenance of fishing structures in the waters of the bays and estuaries tributary to the Atlantic Ocean between Montauk Point, N.Y., and Cape Charles, Va., and of the bays and estuaries in the State of New York tribtary to Long Island Sound, will hereafter be governed by the following regulations:

(a) Regulations.

(1) Subject to the provisions of this section the placing and maintenance of fishing structures having been recommended by the Chief of Engineers is authorized by the Secretary of the Army in the waters of the bays and estuaries tributary to the Atlantic Ocean between Montauk Point, N. Y., and Cape Charles, Va., and of the bays and estuaries in the State of New York tributary to Long Island Sound within areas previously approved by the Secretary of the Army as areas within which fish pounds may be permitted: Provided, That no such structure shall be erected until a permit therefor, in accordance with the conditions specified in this section, shall have been issued by the District Engineer, U.S. Army Engineer District, in charge of the coasts and waters within which said structure is located; and the said district engineers are hereby charged with the duty of supervising the enforcement of the spirit and letter of the law and this section.

(2) The permits will be issued for a period of 1 year, renewable to the same permittee: Provided, That his application is made before January 1 of the succeeding year. The location of any pound is to be considered open if no application is made by January 1.

(3) The District Engineer concerned will settle all questions of priority in those districts where no State licenses are issued, but in those States in which licenses are issued the State will decide the question of priority.

(4) Any person desiring to place and operate fish traps, weirs, or pounds in the approved areas in the waters of the bays and estuaries tributary to the Atlantic Ocean between Montauk Point,

N.Y., and Cape Charles, Va., and of the bays and estuaries in the State of New York tributary to Long Island Sound, should make application to the District Engineer, Corps of Engineers in charge of the locality as indicated at the end of this section.

(5) The applicant must furnish with his application the necessary State 11cense which will be returned to him by the District Engineer when decision is made concerning the issuance of Federal authority for the structure.

(6) No permit will be issued to any applicant until he has removed to the satisfaction of the District Engineer, and under the supervision of an inspector from his office, all piles or other obstructions to navigation for which the applicant is responsible and which are unfit for further use for fishing purposes: Provided, That if the structure for which application is made is to be placed on the location of an old structure, serviceable piles left standing on that location need not be removed if the District Engineer consents to their use in the new structure.

(7) A map showing the location in which the structure is to be placed will be attached to each permit.

(b) Conditions. Every permit will be governed by the following conditions:

(1) That this authority does not give any property rights either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State, or local laws or regulations, nor does it obviate the necessity of obtaining State assent to the work authorized. It merely expresses the assent of the Federal Government so far as concerns the public rights of navigation. (See Cummings v. Chicago, 188 U. S. 410)

(2) That the establishment of fishing areas and their publication upon charts or otherwise does not relieve the owner of the pound authorized by this permit from responsibility in case his structure or work in connection therewith causes damage to a vessel.

(3) That the work authorized in this section, both construction and maintenance, shall be subject to the supervision and approval of, and all apparatus to inspection by, the District Engineer,