[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR334.140]

[Page 511-514]
 
                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.  334.140  Chesapeake Bay; U.S. Army Proving Ground Reservation, Aberdeen, 

Md.

    (a) Restricted area defined. The following indicates the limits of 
the waters of or adjacent to the Aberdeen Proving Ground, Maryland, and 
inside of which boundaries will lie the restricted area known as the 
Aberdeen Proving Ground, Maryland.
    (1) Beginning at a point on the westerly side of Chesapeake Bay, at 
the south side of the mouth of Swan Creek, Harford County, Maryland, the 
most northerly point of the reservation known as Plum Point; thence 
southeasterly along the low water mark on the shore of Chesapeake Bay to 
and across the north entrance of Spesutie Narrows to and thence along 
the low water mark on the north shore of Spesutie Island to Locust 
Point; thence along straight line from Locust Point to Turkey Point for 
a distance of approximately 1,400 yards; thence following a line 
parallel with and 1,000 yards from the low water mark on the easterly 
shore of Spesutie Island to a point 1,000 yards due southeast of Sandy 
Point; thence approximately southwest in a straight line to a point 
approximately 1,250 yards S. 10[deg]30[min] W. from Bear Point; thence 
approximately 9,275 yards S. 51[deg]04[min] W. to a point in Chesapeake 
Bay about 1,700 yards due east from Taylor Island Point; thence 
southwesterly in a straight course, except such variations as may be 
necessary to include all of Pooles Island to the southwesterly point of 
Pooles Island, thence in a northwesterly direction to the most 
southwesterly point of Spry Island, including all of Spry Island; thence 
northwesterly in a straight line to extreme southerly island off Lower 
Island Point; thence northwesterly in a straight line through Brier 
Point to a point in Seneca Creek where this line intersects a straight 
line which passes through monuments No. 124 and No. 125 on westerly part 
of Carroll Island; thence northeasterly in a straight line passing 
through Marshy Point, at the junction of Dundee Creek and Saltpeter 
Creek, to the intersection of the center line of Reardon Inlet with 
Gunpowder River, except such variations as may be necessary to exclude 
any and all parts of

[[Page 512]]

the point of land on the westerly side of Gunpowder River about one mile 
south of Oliver Point; thence northerly along the center line of Reardon 
Inlet to its intersection with the southeasterly line of the right of 
way of the Pennsylvania Railroad; thence northeast along the 
Pennsylvania Railroad following the reservation boundary line to shore 
of Bush River, and along its western shore to Fairview Point; thence 
northeast in a straight line across Bush River to concrete monument No. 
64, located on the eastern shore of Bush River, south of Chelsea; thence 
along the eastern shore of Bush River northerly to the mouth of Sod Run; 
thence by a broken line along the boundary of the reservation to Swan 
Creek; and thence in a straight line to Plum Point. (The above 
description may be traced on Coast and Geodetic Chart No. 1226).
    (b) Authority delegated Commanding Officer. The Commanding Officer, 
Aberdeen Proving Ground, has been delegated the authority by the 
Secretary of the Army to designate from time to time by suitably posted 
bulletins or announcements, the conditions under which the public, 
including food fishermen and crabbers, may enter restricted waters of 
the Aberdeen Proving Ground.
    (c) Penalty. All persons who enter the restricted waters, except as 
authorized in this section, without the authority of the Commanding 
Officer, Aberdeen Proving Ground, Md., are under the terms of the 
information given above, guilty of a misdemeanor and upon conviction 
thereon are punishable by a fine not exceeding $500 or by imprisonment 
not exceeding 6 months.
    (d) Entrance into restricted waters by the public. (1) The following 
water areas are closed to the public at all times:
    (i) Supesutie Narrows--all waters north and east of a line between 
Bear Point and Black Point;
    (ii) All creeks except Landerick Creek;
    (iii) The water adjacent to Carroll Island which lies between Brier 
Point and Lower Island Point also known as Hawthorne Cove;
    (iv) The waters immediately off the mouth of Romney Creek;
    (v) The waters adjacent to Abbey Point Recovery Field more 
accurately described as area number 16; depicted in Aberdeen Proving 
Ground Regulation 210-10, Appendix A.
    (vi) The waters on the north side of the Bush River from Pond Point 
to Chelsea Chimney are closed for fishing purposes.
    (2) The remainder of the restricted areas will normally be open for 
authorized use (including navigation and fishing) during the following 
hours:
    (i) Monday through Thursday, 5 p.m. to 7:30 a.m.;
    (ii) Weekends, 5 p.m. Friday to 7:30 a.m. Monday;
    (iii) National (not state) holidays, 5 p.m. the day preceding the 
holiday to 7:30 a.m. the day following the holiday.
    (3) When requirements of tests, as determined by the Commanding 
Officer, Aberdeen Proving Ground, or his designee, necessitate closing 
the restricted areas during the aforementioned times and days, the 
Commanding Officer, Aberdeen Proving Ground, will publish appropriate 
circulars or cause to be broadcast over local radio stations notices 
informing the public of the time and days which entrance to the 
restricted waters of Aberdeen Proving Ground by the general public will 
be prohibited.
    (4) A fleet of patrol boats will be positioned at the perimeter of 
the restricted water zone boundaries (except in extreme weather 
conditions such as gales or ice) during periods of testing to prevent 
unauthorized entry. If necessary to attract attention of another vessel 
about to penetrate the restricted area, the patrol boat may operate a 
distinctive rotating blue and red light, public address system, sound a 
siren, or by radio contact on shipshore FM channel 16 and citizen band 
channel 12. Buoys will mark the restricted waters along the Chesapeake 
Bay perimeter during the period, normally 4 June through 1 October 
annually.
    (5) Authorized use. Authorized use as used in this section is 
defined as fishing from a vessel, navigation using a vessel to traverse 
a water area or anchoring a vessel in a water area. Any person who 
touches any land, or docks or grounds a vessel, within the boundaries of 
Aberdeen Proving Ground,

[[Page 513]]

Maryland, is not using the area for an authorized use and is in 
violation of this regulation. Further, water skiing in the water area of 
Aberdeen Proving Ground is permitted as an authorized use when the water 
area is open for use by the general public providing that no water skier 
touches any land, either dry land (fast land) or subaqueous land and 
comes no closer then 200 meters from any shoreline. Further, if any 
person is in the water area of Aberdeen Proving Ground, Maryland, 
outside of any vessel (except for the purposes of water skiing as 
outlined above) including, but not limited to, swimming, scuba diving, 
or other purpose, that person is not using the water in an authorized 
manner and is in violation of this regulation.
    (e) Entry onto land and limitation of firing over land. (1) Entry 
onto any land, either dry land (fast land) or subaqueous land, within 
the boundaries of the Aberdeen Proving Ground Reservation as defined in 
paragraph (a)(1) of this section is prohibited at all times. Provided, 
the Commander, Aberdeen Proving Ground, is authorized to grant 
exceptions to this regulation either by written permission or by local 
regulation. Entry onto the land is punishable as in paragraph (c) of 
this section.
    (2) There are no limitations on test firing by Federal testing 
facilities at Aberdeen Proving Ground over land belonging to Aberdeen 
Proving Ground.
    (f) Permits required from the Commanding Officer to set fixed nets 
in restricted waters. (1) Fishermen and crabbers desiring to set fixed 
nets within the restricted waters of Aberdeen Proving Ground Reservation 
are required in every instance to have a written permit. A fixed net for 
the purpose of this paragraph is defined as a pound net, staked gill 
net, hedge fike net, hoop net, eel pot, crab pot, and all other types of 
nets fastened by means of poles, stakes, weights, or anchors. Permits to 
fish and crab within the restricted waters of Aberdeen Proving Ground 
may be obtained by written application to the Commanding Officer, 
Department of the Army, Aberdeen Proving Ground, Attention: Provost 
Marshall Division, Aberdeen Proving Ground, Md. Applicants for permits 
must state the location at which they desire to set fixed nets and state 
the period of time for which they desire the permit to cover. Nets 
placed in the restricted waters are subject to damage by gunfire and 
bombing, and the risk of such damage will be assumed by the holder of 
the permit.
    (2) Holders of permits for setting fixed nets must comply with the 
provisions of this part and also with Sec.  206.50(d) of this chapter.
    (g) Identification signs required at each location of fixed nets. 
Fishermen and crabbers who have been granted permits to fish or crab 
within the restricted waters of Aberdeen Proving Ground Reservation with 
fixed nets must at each location have a stake securely driven at the 
outer end of the line of nets on which is mounted a sign board which 
contains their name and permit number. All stakes set within the 
restricted area established by this regulation will project at least 
three (3) feet above the surface of the water at all ordinary high 
stages of the tide. Nets and other fishing and crabbing structures 
erected will be marked by stakes set at intervals not greater than fifty 
(50) feet. Fishing and crabbing structures erected in Aberdeen Proving 
Ground waters will be plainly marked on both ends, and will be lighted 
with a white light between sunset and sunrise, by and at the expense of 
the owner.
    (h) Removal of pound net poles and/or stakes. At the end of the 
fishing and crabbing season, fishermen and crabbers must remove and haul 
away from the location all pound nets, pots, poles or stakes used in 
their operation. Pound net poles or stakes must not be cast adrift after 
removal.
    (i) Restrictions on fishermen and crabbers. It must be distinctly 
understood that holders of permits to fish or crab are not authorized to 
enter the restricted waters of Aberdeen Proving Ground Reservation 
outside the hours as announced by the Commanding Officer, Aberdeen 
Proving Ground. In addition, the privileges granted in this paragraph 
include no right to land nor to cut or procure pound net poles or stakes 
on the Aberdeen Proving Ground Reservation.

[[Page 514]]

    (j) Aberdeen Proving Ground Regulations (APGR) 210-10 will govern 
commercial fishing and crabbing and APGR 210-26 will govern recreational 
(non-commercial) fishing and crabbing. This section shall be enforced by 
the Commander, Aberdeen Proving Ground, and such agencies as he/she may 
designate.
    (k) Compliance with Federal, State and county laws required. The 
taking of fish and crabs in the waters of Aberdeen Proving Ground 
Reservation and the setting of and location of nets, in a manner not in 
compliance with Federal, State, and county laws is prohibited.

(40 Stat. 266; 33 U.S.C. 3)

[13 FR 6915, Nov. 24, 1948, and 32 FR 15673, Nov. 14, 1967, as amended 
at 42 FR 41281, Aug. 16, 1977; 48 FR 54597, Dec. 6, 1983. Redesignated 
at 50 FR 42696, Oct. 22, 1985]