11 Naval courts and boards 4 Admission to United States Naval 10 Civilian employees Academy 5 Naval Reserve Officers' Training 12 Proceedings in civil courts Corps CROSS REFERENCES Coast Guard, Department of the Treasury: See Navigation and Navigable Waters, 33 CFR Chapter I. National Guard, War Department: See National Defense, 32 CFR Chapter II. Regulations of the Army: See Army: War Department, 10 CFR Chapters I-IX. Veterans' Administration: See Pensions, Bonuses, and Veterans' Relief, 38 CFR Chapter I. EDITORIAL NOTE: For list of abbreviations used in this chapter, see note to § 1.78. PART 1-GENERAL REGULATIONS AFFECTING THE PUBLIC Sec. 1.78 Sec. Naval harbors closed to foreign 1.1996 Rules for docking private vesvessels. 1.118 Alcoholic liquors. 1.124 Authority to photograph naval subjects. 1.165 Merchant crews. 1.397 Conditions precedent to furnishing information of service in Navy. 1.1515 Observance of laws. sels at navy yards. 1.1997 Insignia to be worn on uniform 1.1998 Public exhibit of Navy material. 1.1545 Visitors on vessels under con- 1.2001 Mail transportation in Navy struction. planes. 1.1552 Pearl Harbor; entry of vessels. 1.2002 Photographs of naval subjects. 1.1697 Deserters. 1.7202 Outside competition; restrictions. 1.1706 Enticing to desert. 1.1995 Work at navy yards and sta- 1.7203 Admission fees and restrictions. tions for private parties. 1.7501 Relations with civil activities. Section 1.78 Naval harbors closed to foreign vessels. (a) It has been ordered that the following-named harbors— Great Harbor, Culebra ; Guantanamo Naval Station, Cuba; Pearl Harbor, Hawaii; Guam; Subic Bay, Philippine Islands; Kiska, Aleutian Islands; Page 1 are not, and that they shall not be made, subports of entry for foreign vessels of commerce, and that said harbors shall not be visited by any commercial or privately owned vessel of foreign registry; nor by any foreign national vessel, except by special authority of the United States Navy Department in each case. (E.O. 1613, Sept. 23, 1912) (b) The air space over each of the harbors named in paragraph (a) is reserved and set aside for governmental purposes as a prohibited area within which civil aircraft are not authorized to be navigated. At no time shall civil aircraft of any kind be navigated within the air space reservations above defined except by special authority of the United States Navy Department in each case. Navigation of aircraft within such air space reservations otherwise than in conformity with this order shall be subject to the penalties provided by section 11 of the "Air Commerce Act of 1926" (49 Stat. 574; 49 U.S.Č. 181). (E.O. 5281, Feb. 17, 1930; E.O. 7138, Aug. 12, 1935) (c) For the proper control, protection, and defense of the naval station, harbor, and entrance channel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is authorized, empowered, and directed to adopt and prescribe suitable rules and regulations governing the navigation, movement, and anchorage of vessels of whatsoever character in the waters of Pearl Harbor, Island of Oahu, Hawaiian Islands, and in the entrance channel to said harbor, and to take all necessary measures for the proper enforcement of such rules and regulations. (E.O. 1613, Sept. 23, 1912)*+ [Pars. 1, 2, 4] *§§ 1.78 to 1.7501, inclusive, (with the exceptions noted in the text,) issued under the authority contained in R.S. 1547; 34 U.S.C. 591. In §§ 1.78 to 1.1996, inclusive, the numbers to the right of the decimal point correspond with the respective article numbers in United States Navy regulations, Navy Department, Dec. 17, 1920, as amended to June 1, 1938. ABBREVIATIONS: The following abbreviations are use in this chapter: A. G. N. Bu. Nav. Manual Comp. Dec. Comp. Gen. Ct. Cls. C. M. O. G.O. J. A. G. M. C. M. N. R. Op. Atty. Gen. R. O. T. C. Articles for the Government of the Navy. Bureau of Navigation Manual, Navy Department, June 5, 1925, as amended to June 1, 1938. Decisions of the Comptroller of the Treasury. Decisions of the Comptrollers General of the United States. Court Martial Order, Secretary of the Navy. Executive order. General orders, Secretary of the Navy. Judge Advocate General. Marine Corps Manual, Navy Department, 1931, as amended to June 1, 1938. United States Navy regulations, Navy Department, Dec. 17, Official opinions of the Attorneys General of the United Reserve Officers' Training Corps. 1.118 Alcoholic liquors. The introduction, possession, or use of alcoholic liquors for drinking purposes or for sale is prohibited within navy yards, marine barracks, naval stations, and other places ashore under the jurisdiction of the Navy Department which are located in States, Territories, or insular possessions in which the possession or Page 2 use of such liquors for drinking purposes is not permitted by law.** [Par. 2] 1.124 Authority to photograph naval subjects. The making, for other than official use, of photographs, photographic plates or films, or moving-picture films of naval vessels or parts thereof; of navy yards and stations, or of any establishments under the jurisdiction of the Navy; or of any device belonging to the Navy or intended for use thereof, shall be governed by such detailed instructions as may be issued by general order.*+ [Par. 1] CROSS REFERENCE: For regulations relating to photographs of naval subjects, see § 1.2002. 1.165 Merchant crews. Vessels under the jurisdiction of the Navy in foreign ports having merchant crews are amenable to navigation laws. Crews must be shipped and discharged before consuls and papers deposited with consuls, except in those cases where anticipated orders for prompt movement makes this course undesirable, in which case the consul is to be notified.*† CROSS REFERENCE: For regulations of the Department of State concerning merchant vessels and seamen, see 22 CFR Parts 80-86. 1.397 Conditions precedent to furnishing information of service in Navy. No information shall be furnished from the records of the Navy Department to attorneys or agents concerning the naval service of officers or enlisted men of the Navy, until such attorneys or agents shall file a power of attorney in the Department, showing that they have authority from the person whose record is desired, or his legal representatives, to request such information, and shall also file a statement of the purpose for which such information is desired. If such statement be deemed satisfactory to the Department, the information will be furnished, provided the attorney or agent submits to the Department the same proof of the identity of the person or persons he represents as is required when the application for such information is made by the person or persons themselves.*† 1.1515 Observance of laws. (a) The commandant or commanding officer of any naval station or other naval reservation situated within the limits of any State, Territory, or district, which has been acquired by the United States through purchase or otherwise for naval purposes, and over which the United States has exclusive jurisdiction, shall require all persons on or within the limits of such stations or reservations strictly to observe all existing Federal laws, and all laws of the State, Territory, or district wherein such place is located which were in force on March 4, 1909. (b) Persons not in the naval service who commit offenses on or within the limits of such station or reservation, which offenses are not made penal under the laws of the United States, but which, if committed within the jurisdiction of the State, Territory, or district in which such station or reservation is situated, would be subject to punishment in accordance with the laws of the State, Territory, or district concerned, existing on March 4, 1909, shall be deemed guilty of a like offense and subject to like punishment. Such persons **For statutory and source citations, see note to § 1.78. Page 3 are subject, for such offenses, to trial by the United States district court for the district in which the naval station is located.t (Sec. 289, 35 Stat. 1145, 48 Stat. 152; 18 U.S.C. 468) [Pars. 1, 3] 1.1545 Visitors on vessels under construction. (a) No visitors shall be allowed to go on board vessels of the Navy under construction except by the permission of the senior naval officer present; and no such permission shall be given to any one not known to be an American citizen of good standing and repute. (b) Visitors representing foreign governments, or known to be other than American citizens, shall not be permitted to visit such vessels except by authority of the Chief of Naval Operations (Office of Naval Intelligence); and they shall in all cases be accompanied by a naval officer on duty at the navy yard or works where the vessel is building.*+ 1.1552 Pearl Harbor; entry of vessels. (a) The commandant of the naval station at Pearl Harbor, Territory of Hawaii, is authorized and empowered to carry out, and is charged with the carrying out, of the rules and regulations governing the navigation, movement, and anchorage of vessels of whatsoever character in the waters of Pearl Harbor and in the entrance channel to said harbor, and he shall take all necessary measures for the proper enforcement of such rules and regulations. (b) All officers of the Navy and masters and owners of all vessels using Pearl Harbor are therefore notified and cautioned to conform themselves to the within prescribed regulations and to such further lawful rules and regulations as may be established in pursuance of this order by the commandant of the naval station. (c) The waters of Pearl Harbor and the entrance channel thereto shall be construed to mean the waters leading from the Pearl Lochs (including the various bodies of water known as the West Loch, Middle Loch, East Loch, and Southeast Loch), with channels and passages connecting the same, and with the minor bodies of water tributary thereto to the outer end of the channel to sea and anchorage ground for a radius of 1 mile from a point in the axis of seaward entrance to the channel. (d) No commercial or other privately owned vessel not of American registry shall be permitted to enter Pearl Harbor; nor any foreign national vessel, except by special authority of the United States Navy Department in each case. (e) All deep-sea vessels of American registry arriving off Pearl Harbor and desiring to enter shall signify such desire and request permission by radiotelegraph, signal, or other suitable means, and shall not enter the channel, or anchor within 1 mile of the entrance thereof before permission is granted nor before the regularly authorized pilot is received on board. (f) All deep-sea vessels of American registry desiring to leave Pearl Harbor shall obtain permission there for from the commandant, and the commandant shall require the employment of a regularly authorized pilot, if, in his discretion, it be necessary or advisable. Page 4 **For statutory and source citations, see note to § 1.78. (g) The passage in or out of the harbor of any vessel is prohibited between the hours of sunset and sunrise, except when specifically permitted by the commandant. (h) All traffic in the channels shall be stopped at such times as may be directed by the commandant. (i) Fishing boats are prohibited from working in the channels. (j) Anchorage ground for naval vessels shall be established in the East Loch, and anchorage grounds for other vessels shall be established so as not to interfere with the efficiency of the harbor as a naval port. (k) That part of Pearl Harbor lying between Ford Island (Mokuumeume) and the mainland portion of the naval station shall be entirely reserved for United States naval purposes and shall be closed to all traffic or uses by other than naval vessels except by permission of the commandant. (1) The commandant shall establish and maintain such further harbor rules and regulations as he may deem necessary.† (E.O. 1613, Sept. 23, 1912) 1.1697 Deserters. (a) When a person has been absent without authority for more than 24 hours and has not communicated with his commanding officer, giving reasons for his absence, a reward not exceeding $25 shall be offered by the commanding officer for the delivery of the straggler into the custody of the naval authorities at such place and within such time as may be prescribed in general or specific instructions by the Bureau of Navigation. (b) When a person is declared a deserter, a reward not exceeding $50 shall be offered for the apprehension and delivery of such deserter into the custody of naval authorities, under such instructions as may be issued by the Bureau of Navigation or, in case of a marine, by the Major General Commandant.1 *+ 1.1706 Enticing to desert. Every person who entices or aids any person in the naval service to desert, or who harbors or conceals any such person, knowing him to be a deserter, or who refuses to give up such person on the demand of any officer authorized to receive him, is liable to punishment by imprisonment and fine, to be enforced in any court of the United States having jurisdiction.t (Sec. 42, 35 Stat. 1097; 18 U.S.C. 94) 1.1995 Work at navy yards and stations for private parties. (a) No work shall be done by the Government force at a navy yard or station for private individuals or corporations except by authority of the Secretary of the Navy upon an application specifying the nature of the work to be done, and accompanied by a certificate from the commandant that the necessary labor or appliances can not be procured in the vicinity from private contractors. Commandants of navy yards and stations are, however, authorized to undertake, in advance of approval by the Department, work for 1 There is no law specifically authorizing a reward for apprehension and delivery of stragglers and deserters. There has been for years an appropriation for expenses of such apprehension. In the absence of law, the regulations approved by the President have the effect of law. *For statutory and source citations, see note to § 1.78. Page 5 |