(1)

(d) Description of fishing limits. The areas within which fishing structures may be placed are shown by hatching on the five maps attached to this section File No. 74058-62 (Face p. 576) Nos. 1 through 5, except that the areas described in subparagraph (1-a) of this paragraph are deleted from Map No. 5. Copies of the maps are on file in the Office of the Division Engineer, U.S. Army Engineer Division, New England, 424 Trapelo Road, Waltham, Mass. 02154. (See also applicable charts of the U.S. Coast and Geodetic Survey.)

(1-a) Narragansett Bay, Greenwich Bay, and Providence River, R.I.: (i) All of the area along the westerly shore from approximately latitude 41°26'03'' to latitude 41°45'33" including the areas in Greenwich Bay and along the westerly shore of Providence River.

(ii) All of the area around Conanicut Island except that portion at the extreme southerly end of the island.

(iii) All of the area around Hope Island.

(iv) All of the area around Prudence Island.

(v) All of the area around Patience Island.

(vi) All of the area around Hog Island.

(vii) All of the areas along the westerly shore of Newport Neck (easterly shore of East Passage) between Brenton Point Light and the entrance to Mount Hope Bay.

(viii) All of the area at Popasquash Neck to Jacobs Point.

(ix) All of the area along the northeasterly shore of Providence River between Rumstick Point and Sabin Point.

(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 New England 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 promptly removed by and at the expense of the owner of the fishing structure.

(2) Traps within the so-called "outer area" south and east of Newport, R. I. (as approved Mar. 1, 1921, and designated on sheet 2 of the map first named above), shall not be placed or set prior to April 25 and shall be completely removed not later than July 25. Traps

in this area shall be promptly removed whenever the area is wanted 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 area 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 readily be seen by passing vessels.

(5) Such lights and signals shall be displayed on each trap as provided in § 209.130 (q) 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 New England Division Engineer. The owner of the structure will be responsible for keeping his lanterns in first-class 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 readily seen, 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 (q) 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.

(2) It is understood that this authority does not give any property rights

either in real estate or material, or exclusive privileges; and that it does not authorize any injury to private property or invasion of private rights, or any infringement of any Federal, State, or local laws or regulations, nor does it obviate the necessity of State assent to the work authorized. It merely expresses the assent of the Federal Government as it concerns the public rights of navigation.

(3) If at any time it shall be made to appear to the Secretary of the Army that any fishing structure authorized in this section causes unreasonable obstruction to the free navigation of said waters, the owner will be required, upon notice from the New England Division Engineer and within the time specified therein, to remove or alter the structure, or obstructions caused thereby, without expense to the United States, so as to render navigation reasonably free, easy, and unobstructed. No claim shall be made against the United States on account of such removals or alterations.

NOTE: The address of the Division Engineer in charge of the locality within which these regulations are effective is: U.S. Army Engineer Division, New England, 424 Trapelo Road, Waltham 54, Mass. Sections of the map of fishing limits showing the limits for certain areas in more detail and on a large scale may be obtained by addressing the Division Engineer. A charge of $1.00 is made for each sheet to cover the actual cost of the print. Payment for maps requested should accompany the application, preferably in a postal money order.

[Regs., Mar. 28, 1930 (E.D. 7223 (Prov. D.O.) 16/2), as amended at 18 F.R. 5593, Sept. 18, 1953; 31 F.R. 10668, Aug. 11, 1966] § 206.20

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

(a) Buoys (1) Regulation 1, buoys to be used for the marking of oyster grounds. Hereafter all buoys used for the marking of oyster grounds shall be wooden spars attached to a mooring by a length of rope which shall allow the buoy to float clear of the bottom, at least one quarter of the ordinary depth of the water at low tide, at the place where anchored.

(2) Regulation 2, kind of buoy to be used. Spar buoys shall be round and tapered from the butt to the top in reasonable proportions. They may be either the natural growth of the wood of suitable proportions or they may be manufactured by smoothly and properly rounding the corners; and they shall be smoothly and bluntly rounded on the top end, and all projections shall be removed

down to the solid body of the spar so that any portion above the level of 4 feet below mean low tide shall always present a smooth surface.

(3) Regulation 3, size of buoy to be used. Spar buoys shall be from 11⁄2 to 21⁄2 inches in diameter at the top, for all buoys placed in water less than 12 feet deep at mean low tide. Spar buoys placed in water more than 12 feet deep at mean low tide shall be not less than 2 inches or more than 3 inches in diameter at the top, except as hereinafter provided; spar buoys shall be so adjusted that in an ordinary state of the tide and weather they shall not incline at an angle of more than 45° from the vertical, and to show not less than 4 feet at ordinary high tide.

(4) Regulation 4. All spar buoys shall be fitted with a white flag, not less than 15 inches square, upon which the initials of the lessee, or lessees, as the case may be, shall be painted in durable black letters not less than 4 inches high.

(5) Regulation 5. The permission of the Commission of Shell Fisheries shall be obtained before marking subdivisions of leased oyster grounds, and only such buoys may be used in marking said subdivisions as are approved by the Commissioner of Shell Fisheries.

(b) Stakes (1) Regulation 1; where to be used. Stakes may "be used as bounds" on oyster grounds, "on the inside or shoreward boundaries," but "in no case in more than 6 feet of water at mean low tide."

(2) Regulation 2; kind of stakes to be used. All stakes used on the inside or shoreward boundaries shall be flexible, and shall be so trimmed as to always present a smooth surface from the lowerwater line to the top, which shall not exceed 11⁄2 inches in diameter and which shall be smoothly and bluntly rounded, and to show not less than 4 feet at ordinary high tide; and shall be marked with the initials of the lessee painted on canvas tags in durable black letters not less than 4 inches high.

(c) Stakes and buoys—(1) Regulation 1; one stake only to be used on a corner. A lessee of oyster ground shall place and maintain one stake or buoy only upon each corner of his ground. He shall remove any and all stakes or buoys that are broken, or that do not conform to the regulations of the Commission, before marking said grounds with new stakes or buoys.

(2) Regulation 2; one stake to be used where there are joint owners. When

ever the corners of two or more pieces of leased oyster ground adjoin, the lessees of such ground shall jointly place and maintain one stake or buoy only upon said corner, and said stake or buoy shall be marked with the initials of each lessee on canvas tags in durable black letters not less than 4 inches high.

(3) Regulation 3; size of buoy to be used in water more than 12 feet where there are joint owners. Joint corners located in water more than 12 feet deep at mean low tide, may be marked with a spar buoy which shall be not less than 3 inches or more than 4 inches in diameter at the top, and said spar buoy shall in all other particulars conform to paragraph (a) (2), (3), and (4) of this section governing spar buoys.

(4) Regulation 4; when to take effect. This section shall take effect upon adoption by the Commissioners of Shell Fisheries,1 and all previous rules and regulations governing the marking of leased oyster ground are hereby repealed. [Regs., Mar. 29, 1916]

CROSS REFERENCE: For Narragansett Bay, R. I., danger zone, see § 204.10 of this chapter.

§ 206.25 Navigable waters of State of Connecticut; oyster grounds.

The following regulations governing the placing and maintenance of markers to define the boundaries of oyster grounds under navigable waters of the United States within the territorial limits of the State of Connecticut are recommended by the Chief of Engineers and authorized by the Secretary of the Army:

(a) That it is to be understood 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 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.)

(b) That the placing of markers shall be subject to the general supervision and approval of the Engineer officer of the United States Army in charge of the locality, who is hereby charged with the

1 These regulations were adopted by the Commissioners of Shell Fisheries on June 15,

1916.