(13) That if future operations by the United States require an alteration in the position of the structure or work authorized in this section, or if in the opinion of the Secretary of the Army it shall cause unreasonable obstruction to the free navigation of the said waters, the permittee will be required, upon due notice from the Secretary of the Army, to remove or alter the structure or work, or obstruction 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.

(14) That upon ceasing to use for fishing purposes the pound hereby authorized, it shall at once be removed by and at the expense of the permittee and to the satisfaction of the said District Engineer.

Failure to so remove the same or to keep the pound properly lighted, or to observe any other of the conditions set forth in this section, shall be considered sufficient ground for the summary removal of the structure by the United States at the expense of the permittee, and for his prosecution under the provisions of sections 10 and 12 of the River and Harbor Act approved March 3, 1899 (30 Stat. 1151; 33 U. S. C. 403, 406), for maintaining illegal structures endangering navigation.

(15) That this authority is revocable at will by the Secretary of the Army, and unless previously revoked by him shall cease and be null and void after the date specified in this permit.

§ 206.45 Hudson River, N.Y. and N.J., south of Stony Point, Stony Point, N.Y.; fishing.

(a) Regulations. (1) Subject to the provisions of this section the placing and maintenance of shad nets and poles having been recommended by the Chief of Engineers are authorized by the Secretary of the Army in Hudson River, New York and New Jersey, south of Stony Point, New York, within areas approved by the Secretary of the Army as areas within which shad fish nets and poles may be permitted: Provided, That no such shad net and pole 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 locality within which said shad net and poles are located.

(2) The permits will be issued for each shad fish season, March 1 to June 20, except as provided in subparagraph (8) of this paragraph, renewable to the same permittee, providing his application is made before January 15 of the succeeding year. The location of any shad net is to be considered open if no application is made by January 15.

(3) The States of New York and New Jersey issuing licenses for shad fishing will decide all questions of priority.

(4) Any person desiring to place and operate shad fish nets and poles in the approved areas in Hudson River, New York and New Jersey, should make application in duplicate on the form attached hereto, to the said District Engineer. A separate application in duplicate shall be submitted for each shad fish net proposed.

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