[Code of Federal Regulations] [Title 33, Volume 3] [Revised as of July 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 33CFR334.190] [Page 504-505] TITLE 33--NAVIGATION AND NAVIGABLE WATERS CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS--Table of Contents Sec. 334.190 Chesapeake Bay, in vicinity of Bloodsworth Island, Md.; shore bombardment, air bombing, air strafing, and rocket firing area, U.S. Navy. (a) The areas--(1) Prohibited area. All waters within a circle 0.5- mile in radius with its center at latitude 38 deg.10'00", longitude 76 deg.06'00". (2) The danger zone. All waters of Chesapeake Bay and Tangier Sound within an area bounded as follows: Beginning at latitude 38 deg.08'15", longitude 76 deg.10'00"; thence to latitude 38 deg.12'00", longitude 76 deg.10'00"; thence to latitude 38 deg.12'00", longitude 76 deg.07'00"; thence to latitude 38 deg.13'00", longitude 76 deg.06'00"; thence to latitude 38 deg.13'00", longitude 76 deg.04'00"; thence to latitude 38 deg.12'00", longitude 76 deg.02'00"; thence to latitude 38 deg.12'00", longitude 76 deg.00'00"; thence to latitude 38 deg.08'15", longitude 76 deg.00'00"; thence to the point of beginning, excluding the prohibited area described in paragraph (a)(1) of this section. (b) The regulations. (1) Persons, vessels or other craft shall not enter or remain in the prohibited area at any time unless authorized to do so by the enforcing agency. (2) No person, vessel or other craft shall enter or remain in the danger zone when notified by the enforcing authority to keep clear or when firing is or will soon be in progress, except as provided in paragraph (b)(5) of this section. (3) Advance notice will be given of the dates and times of all firings in the danger zone and such notice will be published in the local ``Notice to Mariners.'' The area will be in use intermittently throughout the year. On days when firing is conducted, firing will take place normally between sunrise and 12 midnight. (4) Prior to the commencement of firing each day in the danger zone, surface or air search of the entire area will be made for the purpose of locating and warning all craft and persons not connected with the firing, and a patrol will be maintained throughout the duration of firing. (5) Warning that ships are firing or soon will be firing in the danger zone will be indicated during daylight by a red flag prominently displayed from a control tower on Adams Island at latitude 38 deg.09'06", longitude 76 deg.05'22", and at night by a white light on top of the control tower. Warning that aircraft are firing or soon will be firing will be indicated by the aircraft patrolling the area. All persons, vessels, or other craft shall clear the area when these signals are displayed or when warned by patrol vessels or by aircraft employing the method of warning known as ``buzzing'' which consists of low flight by the airplane and repeated opening and closing of the throttle. As an additional warning to crabbing, fishing, and other small craft, and vessels, the control tower on Adams Island will broadcast firing intentions on citizens band radio using channels 11 and 12. (6) During hours when firing is in progress or is about to commence, no fishing or oystering vessels or other craft not directly connected with the firing shall navigate within the danger zone, except that deep- draft vessels proceeding in established navigation lanes and propelled by mechanical power at a speed greater than 5 knots normally will be permitted to traverse the area. When ships are firing or soon will be firing in the danger zone, permission for such deep-draft vessels to enter and traverse the area will be indicated during daylight by dipping the red warning flag to half-mast, and at night flashing the warning searchlight. When aircraft are firing or soon will be firing in the danger zone, such deep-draft vessels may proceed unless warned to stay clear of the area by the method of warning known as ``buzzing.'' [[Page 505]] (7) When firing is not in progress or is not about to commence, oystering and fishing boats and other craft may operate within the danger zone. (8) All projectiles, bombs, and rockets will be fired to land on Bloodsworth Island or Pone Island, but Naval authorities will not be responsible for damage by such projectiles, bombs, or rockets, or by Navy or Coast Guard vessels, to nets, traps, buoys, pots, fish pounds, stakes, or other equipment which may be located within the danger zone. (9) The regulations in this section shall be enforced by the Commander, Naval Base, Norfolk, Virginia, and such agencies as he/she may designate. [36 FR 5218, Mar. 18, 1971, as amended at 48 FR 54597, Dec. 6, 1983; 64 FR 18581, Apr. 15, 1999. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17552, Apr. 10, 1997]