[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR334.3]



[Page 502]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 334_DANGER ZONE AND RESTRICTED AREA REGULATIONS--Table of Contents

 

Sec.  334.3  Special policies.



    (a) General. The general regulatory policies stated in 33 CFR part 

320 will be followed as appropriate. In addition, danger zone and 

restricted area regulations shall provide for public access to the area 

to the maximum extent practicable.

    (b) Food fishing industry. The authority to prescribe danger zone 

and restricted area regulations must be exercised so as not to 

unreasonably interfere with or restrict the food fishing industry. 

Whenever the proposed establishment of a danger zone or restricted area 

may affect fishing operations, the District Engineer will consult with 

the Regional Director, U.S. Fish and Wildlife Service, Department of the 

Interior and the Regional Director, National Marine Fisheries Service, 

National Oceanic & Atmospheric Administration (NOAA).

    (c) Temporary, occasional or intermittent use. If the use of the 

water area is desired for a short period of time, not to exceed thirty 

days in duration, and that planned operations can be conducted safely 

without imposing unreasonable restrictions on navigation, and without 

promulgating restricted area regulations in accordance with the 

regulations in this section, applicants may be informed that formal 

regulations are not required. Activities of this type shall not reoccur 

more often than biennially (every other year), unless danger zone/

restricted area rules are promulgated under this part. Proper notices 

for mariners requesting that vessels avoid the area will be issued by 

the Agency requesting such use of the water area, or if appropriate, by 

the District Engineer, to all known interested persons. Copies will also 

be sent to appropriate State agencies, the Commandant, U.S. Coast Guard, 

Washington, DC 20590, and Director, Defense Mapping Agency, Hydrographic 

Center, Washington, DC 20390, ATTN: Code NS 12. Notification to all 

parties and Agencies shall be made at least two weeks prior to the 

planned event, or earlier, if required for distribution of Local Notice 

to Mariners by the Coast Guard.



[58 FR 37607, July 12, 1993]