Jetty Light at latitude 29°20′44′′, longitude 94°40'44"; thence to latitude 29°23'24'', longitude 94°42'30"; thence to latitude 29°25'18'', longitude 94°40′00′′; thence along longitude 94°40'00" to shore. NOTE: The areas prescribed in subparagraphs (9), (10), and (12) of this paragraph are reserved for the dumping of spoil removed from Federal project channels by Government dredges. The areas prescribed in subparagraphs (11) and (13) of this paragraph may be used for the disposal of wrecks and similar obstructions. (c) Prohibited dumping grounds. (1) The waters of the Atlantic Ocean off Charleston Harbor, South Carolina, within an area prescribed by a line bearing 159° true from latitude 32°41′42'', longitude 79°53'00'' (Charleston Light), and a line bearing 90° true from latitude 32°45'54", longitude 79°49'54" (Coast Guard Station), and extending seaward to the 40-fathom curve. (2) The waters of the Straits of Florida south of Key West Harbor, Florida, within the 30-foot main ship channel and a triangular area including the approaches and entrance to the channel bounded as follows: Beginning at latitude 24°28'10.2", longitude 81°48'06", thence to latitude 24°26'00'', longitude 81°46''00'', thence to latitude 24°26'00'', longitude 81°50'00'', thence to the point of beginning. (3) The waters of the Gulf of Mexico at the mouth of the South Pass of the Mississippi River, within an area prescribed by lines bearing 96° true and 159° true from South Pass (Range Rear) Light and extending seaward to the 40fathom curve. (4) The waters of the Gulf of Mexico at the mouth of the Southwest Pass of the Mississippi River, within an area prescribed by lines bearing 124° true and 217 true from Southwest Pass East Jetty End Light and extending seaward to the 40-fathom curve. (5) The waters of the Gulf of Mexico off Louisiana and Texas Coasts, except as provided in paragraph (b) (9) through (13) of this section, bounded by the mean high tide shore line and the following lines: Beginning at Galveston Jetty Light at latitude 29°19′39′′, longitude 94°41'33"; thence to latitude 28°01'12", longitude 94°41′33′′, thence along the 40 fathom line to latitude 28°01'18'', longitude 94°13′42′′; thence to Heald Bank Lighted Whistle Buoy 2 at latitude 29°05'00'', longitude 94°13'42''; thence to Sabine Bank Light at latitude 29°28′18′′, longitude 93°43'24''; thence to Sabine Bank East End Lighted Whistle Buoy 1 at latitude 29°27'00'', longitude 93°18′30′′; thence 015° (true) to shore. (6) The waters of Lynn Canal in Southeastern Alaska north of latitude 59°00'00" including Chilkat, Chilkoot, Lutak and Taiya Inlets. (7) The waters of the Gulf of Alaska in Harding Gateway and Resurrection Bay, off Blying Sound, bounded on the south by a line extending from Aialik Cape at latitude 59°42'00'', longitude 149°31'30'' to Cape Resurrection at latitude 59°51'45'', longitude 149°16′30′′. (8) The waters of the Gulf of Alaska in the western Prince William Sound area, Whittier and aproaches, within an area bounded by a line extending from Cape Junken at latitude 59°55'00'', longitude 148°39'00" to Cape Cleare at latitude 59°47'00'', longitude 147°56'00''; thence along the western coast line to Montague Island to latitude 60°00'00'', longitude 147°40'00''; thence to Point Helen at latitude 60°09'15'', longitude 147°46'00''; thence along the western coast line of Knight Island to Passage Point at latitude 60°31'00'', longitude 147°41'30"; thence to latitude 60°48'00'', longitude 147°55'45''; thence along the southern coast of Esther Island to Point Esther at latitude 60°47'45'', longitude 148°08'30'', to terminate at Point Pigot at latitude 60°48'00'', longitude 148°20′45". (9) The waters off the northeasterly shore of Kodiak Island, Alaska, including both Marmot and Chiniak Bay, the northerly boundary to begin at Cape Tonki at latitude 58°21'00'', longitude 152°00'00''; thence to latitude 58°21′00", longitude 150°30'00''; thence to latitude 57°37'00'', longitude 150°30'00''; thence to Cape Chiniak at latitude 57°37'00'', longitude 152°10'00''; thence along the eastern coast of Kodiak Island to Shakmanof Point at latitude 57°55'30'', longitude 152°35'15''; thence to Cape Izhut at latitude 58°06'00'', longitude 152°20'00'' and thence to the point of beginning. (10) The waters of the Bering Sea, Dutch Harbor and approaches, in Unalaska Bay, Alaska, bounded on the north by a line extending from Cape Cheerful at latitude 54°01'00'', longitude 166°40'00'' to Cape Kalekta at latitude 54°00'30'', longitude 166°22'15''. (11) The waters of the Bering Sea in Sitkin Sound and Kuluk Bay off Adak, Alaska, on the Aleutian Islands within an area bounded by a line beginning at Cape Adagdak at latitude 52°00'15", longitude 176°34'45''; thence to latitude 52°00'00'', longitude 176°20'00"; thence to Blind Point at latitude 51°51'00'', longitude 176°26′15′′. (12) The waters at the entrance to and in San Juan Harbor, Puerto Rico, within an area bounded as follows: Beginning at the northwesterly point of Isla de Cabras at latitude 18°28'38'', longitude 66°08'25'; thence to latitude 18°28'55", longitude 66°08'20''; thence to latitude 18°28'33'', longitude 66°07'05'', thence to the beach of Isla San Juan at latitude 18°28'19'', longitude 66°07'05"; thence around the entire harbor of San Juan to the point of beginning. (13) The waters of Vieques Passage on the eastern coast of Puerto Rico within an area bounded as follows: Beginning at a point on the beach of the Bahia Lima at latitude 18°11'06"; longitude 65°42'; thence south from the beach along longitude 65°42' to latitude 18°06'; thence to latitude 18°04', longitude 65°37'; thence along latitude 18°04' to longitude 65°32'; thence to the south beach of Isla de Vieques at Punta Vaca at latitude 18°04'57'', longitude 65°32'; thence along the shore line of the west end of Isla de Vieques to a point on the north beach at latitude 18°07'35'', longitude 65°32'; thence to latitude 18°14', longitude 65°32'; thence to latitude 18°15', longitude 65°34'58'' on Isla Pineros; thence along the southerly shore line to latitude 18°15', longitude 65°35'57''; thence across Pasaje Medio Mundo to latitude 18°15', longitude 65°36'23'' on the beach of Puerto Rico mainland; thence along the shore line to the point of beginning. (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) [19 F.R. 4498, July 21, 1954, as amended at 22 F.R. 8875, Nov. 5, 1957; 24 F.R. 6090, July 30, 1959; 25 F.R. 2531, Mar. 25, 1960; 25 F.R. 9808, Oct. 13, 1960; 30 F.R. 6644, May 14, 1965] 206.30 206.35 Gardiners and Great and Little Peconic Bays, N.Y.; oyster grounds. 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. 206.60 206.75 206.80 206.85 206.90 206.93 206.95 Winyah Bay, S.C.; fishing. Coastal waters of Oregon and Wash- Puget Sound Area, Wash.; gill nets. Coastal waters of Alaska and navigable waters tributary thereto; fishing. AUTHORITY: The provisions of this Part 206 issued under 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 54, Mass., 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, New York; 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 jurisdictions 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 following regulations: (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 New England Division Engineer. |