formed in a manner satisfactory to, and approved by, the District Engineer, and no piles shall be removed at any time except in the presence of an inspector from his office.

(9) That fishing structures and appliances in navigable waters of the United States shall be lighted for the safety of navigation, as provided by § 209.130 (q) of this chapter.

Each light shall be equal to an 8-inch ship's anchor light, with a capacity to burn 8 days unattended. These lights shall be placed at an elevation not less than 10 feet above the plane of mean high water. All lights shall be subject to the inspection of the said District Engineer before use. The permittee will be responsible for keeping the lanterns in first-class condition, and for the proper maintenance of the lights between the hours above prescribed during the navigation season.

(10) That there shall be installed and maintained on the weir, trap, or pound by and at the expense of the permittee, such additional lights and signals as may be prescribed by the Bureau of Lighthouses, Department of Commerce, and that provision shall be made by watchman or otherwise for proper attendance of lights and signals, so that they will at all times be in effective condition.

(11) That if inspections or any other operations by the United States are necessary in the interests of navigation, all expenses connected therewith shall be borne by the permittee.

(12) That the permittee shall notify the said District Engineer at what time the work will be commenced, and as far in advance of the time of commencement as the said District Engineer may specify and shall also notify him promptly, in writing, of the commencement of work, suspension of work (if for a period of more than one week), resumption of work, and its completion.

(13) That the permittee shall report to the said District Engineer any change in or abandonment of location of fishing structures or appliances. This permit is not transferable.

(14) That within 10 days after the issuance of this authorization, the permittee shall deposit with the said District Engineer a bond in the penal sum of $500 for each structure hereby authorized, conditioned to insure compliance with all conditions of the permit. No work of construction shall be com

menced under this authority until after such bond shall have been delivered to and accepted by the said District Engineer at Buffalo, N. Y.

(15) Failure to observe any of the conditions herein set forth shall be considered sufficient ground for the summary removal of the structure by the United States at the expense of the permittee or bondsman 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 and endangering navigation. No claim shall be made against the United States on account of any such alteration or removal.

(16) 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 of termination specified in the permit.

(a) Fishing with nets is prohibited: (1) Within 1,000 feet of bridges wharves, docks, and steamboat landings.

(2) Within 1,000 feet of vessels moored or anchored in established anchorage grounds (described in § 202.224 of this chapter).

(3) Within 1,000 feet of the junctions of interconnecting sloughs, cuts and canals.

(4) In San Francisco Bay north of a line from the water tank at the Pacific Gas and Electric Company plant north of Hunter Point to the south jetty light, Oakland Inner Harbor.

(5) In the southern part of the San Pablo Bay in an area bounded as follows: Beginning at Point San Pedro; thence northeasterly to and through the buoys marking the north side of the dredged channel across Pinole Shoal; thence to the western extremity of Dike No. 12 and along this dike to Mare Island; thence along the southerly shore of Mare Island and Dike No. 14 to the southern extremity of this dike; thence to the western extremity of Dike No. 9; thence to the northeast corner of the wharf at Selby; thence southwesterly along the 18-foot contour to Point San Pablo; thence to the point of beginning.

(6) In the western part of San Pablo Bay in the channel between Point San Pedro and Bell Echo Board No. 2 marking the dredged channel to the mouth of Petaluma Creek, and in the channel to the mouth of Petaluma Creek.

(7) In Mare Island Strait and Napa River downstream from the Sears Point Highway Bridge.

(8) In any of the tidal waters lying upstream from Carquinez Bridge.

(b) All nets floating or drifting with the tide or current, or attached to any craft, must be laid out from the bank toward the channel.

(c) No nets shall be placed or allowed to move so as to cross more than onehalf of the width of the navigable channel where it is 1,000 feet or less in width, nor more than two-thirds of the channel where it is over 1,000 feet in width.

(d) While any net is in position, no other net shall be laid out within 1,000 feet of it from either shore.

(e) Any net shall, upon the approach of any vessel desiring to pass, be so moved, or be so picked up and removed, as to permit the passage of the vessel without hindrance or delay.

(f) Where vessels coming from opposite directions are about to meet in the vicinity of any net, or nets, every such net shall be so picked up and removed from the channel as to permit the passage of the vessels without hindrance or delay.

(g) The person operating a net shall securely attach to the corks at each end of such net and to the cork nearest the center thereof, copper tags showing in figures or letters not less than 1 inch in height, the number or name of his vessel.

(h) A boat, with at least one man in it capable of controlling the net, shall be in constant attendance upon each net while it is laid out. Said attendant shall remain at all times in such position as will enable a ready removal of the net to permit the safe passage of vessels without inconvenience or delay.

The

(i) The end or ends of the net, not attached to a boat, shall be securely attached to a float, painted in red and white vertical stripes about 4 inches wide. float shall be large enough to display and shall display signals thereon in an upright position and 3 feet in the clear above the surface of the water, and described as follows:

(1) At night a white light visible all around the horizon.

(2) During daylight hours, a flag 18 inches wide by 24 inches long, the color to be solid red above a diagonal line extending from the lower corner on the staff to the upper outer corner, and solid white below that line.

(j) Every vessel attending a net shall display on each side of the bow its registration number, in figures or letters not

less than 9 inches high and 5 inches wide in lines 14 inches wide, with a clear interval of 21⁄2 inches between each letter and figure. These shall consist of white letters and figures on a black ground, or black letters and figures on a white ground. In case of a documented vessel, its name shall be similarly displayed.

(k) Each boat attending a net shall display by day, in a position at least 4 feet in the clear above the highest portion of the boat, a flag 18 inches wide by 24 inches long as follows: A black flag when the net is between the vessel and the right-hand bank of the waterway looking downstream or seaward; a red flag when the net is between the vessel and the left-hand bank looking downstream or seaward; and a red flag in any case where, on account of interconnecting sloughs or ditches, uncertainty exists as to which is the right and which the left bank.

(1) During the hours for the display of lights, each boat attending a net shall carry concealed from general view a red light and a green light. Upon the approach of any vessel, the boat shall promptly take its position at the end of the net, headed toward the net and in the general direction of its length, and shall display to the approaching vessel in sufficient time to prevent collision with the boat or running into the net, the light or lights which should be shown in the direction of the vessel under the United States rules for running lights on vessels (30 Stat. 96; 33 U. S. C. 172). The lights shall be shown in such manner as to make them visible, and so that the green light shall not be seen on the port side or the red light on the starboard side of the boat.

(m) During fog or thick weather, the person in charge of a fishing boat shall, upon the approach of any vessel, give four short blasts of a fish horn, repeated at intervals, until the approaching vessel is in sight, after which the flag or light signals shall be given from the fishing boat to indicate on which side the approaching vessel should pass.

(n) When fishing in an established anchorage ground, all nets shall be promptly picked up and removed upon the approach of any vessel desiring to moor or anchor therein.

[26 F.R. 11197, Nov. 28, 1961]

§ 206.90 Coastal waters of Oregon and Washington and the navigable waters tributary thereto, including Columbia River, Oreg., Wash., and Idaho, and all its navigable tributaries; fishing. Until further notice all weir, trap and pound fishermen who desire to operate in the coastal waters of the States of Oregon and Washington (in the State of Washington the operation of fish traps for the capture of salmon became illegal by law on and after December 3, 1934. Federal permits will not be issued in violation of State law), and in the navigable waters tributary thereto, including the Columbia River, Oregon, Washington, and Idaho, and all its navigable tributaries and under conditions stated as follows, but not otherwise, whose written applications may receive the approval of the District Engineer, U.S. Army Engineer District, in charge of the locality, are hereby authorized by the Secretary of the Army to construct and maintain weirs, traps, and pounds erected in the usual manner as heretofore, subject to the following conditions:

(a) All persons desiring to erect and maintain weirs, traps, or pounds, under this authority, shall make application to the District Engineer, U.S. Army Engineer District, in charge of the locality, giving their names, addresses, and locations for weirs, traps or pounds, and evidence that proper licenses have been granted by State authorities. They shall also report to him all changes of ownership or abandonment of any location. Blueprints of sections of these waterways upon which to indicate desired locations for weirs, traps, and pounds may be purchased at the office of the District Engineer in charge of the locality.

(b) That all the apparatus to be used and the work authorized to be done in this section shall be subject to the supervision and approval of the local District Engineer.

(c) That no weir, trap, or pound shall be located or built in such place or manner as to obstruct or interfere with navigation or to be injurious to the regimen of the river.

(d) The weir, trap, or pound shall be lighted between sunset and sunrise, by and at the expense of the permittee, for the safety of navigation. A light shall be placed at each end of the structure, excepting where the inner end terminates in such a manner that there is no practicable navigation between it and the

high-water line of the adjacent shore, in which case no inner light shall be displayed. The outer light shall be white, and the inner light shall be red. The size, capacity, and manner of maintenance of the lights shall be such as may be specified in the Department of the Army permit authorizing the erection of the structure or appliance.

There shall also be installed and maintained on the weir, trap, or pound, by and at the expense of the permittee, such additional lights and signals, as may be prescribed in § 209.130 (q) of this chapter, and provision shall be made for proper attendance of all lights and signals, by watchman, or otherwise, so that they shall at all times be in effective condition.

(e) That on the outer end of the weir, trap, or pound, the permittee 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.

(f) That upon ceasing to use any weir, trap, or pound as hereby authorized, the structure, including all stakes, 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 under the provisions of Section 12 of the River and Harbor Act of March 3, 1899 (30 Stat. 1151; 33 U. S. C. 406). Any 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 if future operations by the United States require an alteration in the position of the weir, trap, or pound, or if, in the opinion of the Secretary of the Army, said weir, trap, or pound 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 and within 30 days thereafter, to remove or alter said weir, trap, or pound, 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.

(h) That the United States shall in no case be liable for any damage or injury to the structure or work authorized in this section which may be caused by or result from future operations undertaken by the Government for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage.

(i) This authority is revocable at will by the Secretary of the Army and shall expire on (as may be specified by the Engineer Officer not exceeding a period of 5 years).

(j) That it is to be understood that this authority does not give any property rights or any exclusive privilege, and that it does not authorize any injury to private property or invasion of private rights, or any infringement of State laws or regulations, nor does it obviate the necessity of obtaining State assent to the work authorized as 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.)

(k) This section shall take effect and be in force on and after June 7, 1938. [Regs., June 7, 1938 (E. D. 7221 (Columbia River tributaries) 6)]

§ 206.93 Puget Sound Area, Wash.; gill nets.

(a) Restricted fishing area. (1) The regulations in this paragraph shall govern fishing with gill nets within the waters of Puget Sound, Hood Canal, Possession Sound, Strait of Juan de Fuca, San Juan Archipelago, Georgia Strait, Rosario Strait, and adjacent waters north of latitude 47°39′42'' (passing through West Point Light), and east of longitude 123°24'30'' (passing through Ediz Point Light); exclusive of the waters lying within the Tulalip, Swinomish and Lummi Indian Reservations.

(2) A tug with tow, whose intended course will take it through waters occupied by gill net gear, shall sound one long blast, followed by one short blast, of a whistle or horn, and during darkness or fog shall, in addition, indicate its intended course by directing a searchlight beam on such course. Gill net fisheroperating within the indicated course of the tug shall draw in their gear or otherwise maneuver to permit passage

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