[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: 33CFR334.3]

[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]