Corps of Engineers, Dept. of the Army, DoD § 334.230 danger zone, except that existing fish- about 3,600 yards off Church Point; ing structures licensed by the State of thence to Line of Fire Buoy N, about Virginia may be maintained and oper- 900 yards off Colonial Beach; thence to ated: Provided, The owners thereof ob- Line of Fire Buoy P, about 1,000 yards tain written permits from the enforc- off Bluff Point; thence northwest to ing agency designated in paragraph latitude 38°17′54″, longitude 77°01′02″, a (b)(5) of this section. point of the Virginia shore on property (4) Day and night firing over the of the Naval Support Facility Dahl- range will be conducted intermittently gren, a distance of about 4,080 yards; by one or more vessels, depending on thence north along the Potomac shore weather and operating schedules. When of Naval Surface Warfare Center, Dahl- firing is in progress, adequate patrol by gren to Baber Point; and thence west naval craft will be conducted to pre- along the Upper Machodoc Creek shore vent vessels from entering or remain- of Naval Surface Warfare Center, Dahl- ing within the danger zone. gren to Howland Point at latitude (5) This section shall be enforced by 38°19′0.5″, longitude 77°03′23″; thence the Commandant, Fifth Naval District, northeast to latitude 38°19′18″, lon- U. S. Naval Base, Norfolk, Virginia, gitude 77°02′29″, a point on the Naval and such agencies as he may designate. Surface Warfare Center, Dahlgren [13 FR 6918, Nov. 24, 1948, as amended at 22 shore about 350 yards southeast of the FR 6965, Dec. 4, 1957. Redesignated at 50 FR base of the Navy recreational pier. Haz- 42696, Oct. 22, 1985] ardous operations are normally con- ducted in this zone daily except Satur- § 334.230 Potomac River. days, Sundays, and national holidays. (a) Naval Surface Warfare Center, (iii) Upper zone. Beginning at Mathias Dahlgren, VA—(1) The areas. Portions of Point, Va.; thence north to Light 5; the Upper Machodoc Creek and Poto- thence north-northeast to Light 6; mac River near Dahlgren, VA as de- thence east-southeast to Lighted Buoy scribed below: 2, thence east-southeast to a point on (i) Lower zone. The entire portion of the Maryland shore at approximately the lower Potomac River between a latitude 38°23′35.5″, longitude 76°59′15.5″; line from Point Lookout, Maryland, to thence south along the Maryland shore Smith Point, Virginia, and a line from to, and then along, a line passing Buoy 14 (abreast of St. Clements Is- through Light 1 to the Virginia shore, land) to a point near the northeast parallel to the Harry W. Nice Bridge; shore of Hollis Marsh at latitude thence north with the Virginia shore to 38°10′00″, longitude 76°45′22.4″. Haz- the point of beginning. Hazardous oper- ardous operations are conducted in this ations are conducted in this zone at in- zone at infrequent intervals. frequent intervals. (ii) Middle zone. Beginning at the (2) The regulations. (i) Hazardous op- intersection of the Harry W. Nice erations normally take place between Bridge with the Virginia shore; thence the hours of 8 a.m. and 5 p.m. daily ex- to Light 33; thence to latitude 38°19′06″, cept Saturdays, Sundays and national longitude 76°57′06″ which point is about holidays, with infrequent night firing 3,300 yards east-southeast of Light 30; between 5 p.m. and 10:30 p.m. During a thence to Line of Fire Buoy O, about national emergency, hazardous oper- 1,150 yards southwest of Swan Point; ations will take place between the thence to Line of Fire Buoy M, about hours of 6 a.m. and 10:30 p.m. daily ex- 1,700 yards south of Potomac View; cept Sundays. Hazardous operations thence to Line of Fire Buoy K, about may involve firing large or small cal- 1,400 yards southwesterly of the lower iber guns and projectiles, aerial bomb- end of Cobb Island; thence to Buoy 14, ing, use of directed energy, and oper- abreast of St. Clements Island, thence ating manned or unmanned watercraft. southwest to a point near the north- (ii) When hazardous operations are in east shore of Hollis Marsh at latitude progress, no person, or fishing or 38°10′00″; longitude 76°45′22.4″; thence oystering vessels shall operate within northwest to Line of Fire Buoy J, the danger zone affected unless so au- about 3,000 yards off Popes Creek, Vir- thorized by the Naval Surface Warfare ginia; thence to Line of Fire Buoy L, Center, Dahlgren’s patrol boats. 535 VerDate Sep<11>2014 17:09 Aug 21, 2019 Jkt 247139 PO 00000 Frm 00545 Fmt 8010 Sfmt 8010 Q:\33\33V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 334.230 33 CFR Ch. II (7–1–19 Edition) Oystering and fishing boats or other been obtained from the Maryland De- craft may cross the river in the danger partment of Natural Resources, the zone only after they have reported to Virginia Department of Game and In- the patrol boat and received instruc- land Fisheries, or the Potomac River tions as to when and where to cross. Fisheries Commission. Waterfowl hunt- Deep-draft vessels using dredged chan- ers shall provide a completed copy of nels and propelled by mechanical their blind permit to the Natural Re- power at a speed greater than five sources Manager at Naval Surface War- miles per hour may proceed directly fare Center, Dahlgren. Commercial through the danger zones without re- fishermen and waterfowl hunters must striction except when notified to the observe all warnings and range clear- contrary by the patrol boat. Unless in- ances, as noted herein. Federal, State structed to the contrary by the patrol and local law enforcement agencies are boat, small craft navigating up or down exempt from the provisions of para- the Potomac River during hazardous graph (a) of this section. operations shall proceed outside of the (b) Accotink Bay, Accotink Creek, and northeastern boundary of the Middle Pohick Bay; U.S. Military Reservation, Danger Zone. All craft desiring to Fort Belvoir, Va—(1) The danger zone. enter the Middle Danger Zone when The waters of Accotink Bay, Accotink proceeding in or out of Upper Creek, and Pohick Bay, Virginia, with- Machodoc Creek during hazardous op- in and adjacent to the target ranges of erations will be instructed by the pa- the U.S. Military Reservation, Fort trol boat; for those craft that desire to Belvoir, as follows: All of Accotink proceed in or out of Upper Machodoc Bay; all of Accotink Creek below the Creek on a course between the western bridge which crosses Accotink Creek shore of the Potomac River and a line approximately 400 yards south of U.S. from the Main Dock of Naval Surface Highway No. 1; and that portion of Warfare Center, Dahlgren to Line of Pohick Bay bordering its north shore. Fire Buoy P, clearance will be granted The mouth of Accotink Bay and that to proceed upon request directed to the portion of Pohick Bay within the dan- patrol boat. ger zone will be marked by the Post (iii) Due to hazards of unexploded ordnance, no person or craft in the Commander with suitable warning Middle Danger Zone shall approach buoys. closer than 100 yards to the shoreline (2) The regulations. (i) When firing af- of Naval Surface Warfare Center, Dahl- fecting the area is in progress, the Post gren, previously known as the Naval Commander will post guards at such lo- Surface Weapons Center. cations that the waters in the danger (3) Enforcement. The regulations shall zone may be observed and arrange sig- be enforced by the Commander, Naval nals whereby these guards may stop Surface Warfare Center, Dahlgren and the firing should any person be seen in such agencies as he/she may designate. the danger zone. When firing is in Patrol boats, in the execution of their progress, the Post Commander will mission assigned herein, shall display a cause to be displayed both on the east square red flag during daylight hours shore of Accotink Bay at its mouth and for purposes of identification; at night near the danger zone boundary on time, a 32 point red light shall be dis- Accotink Creek a red streamer which played at the mast head. Naval Surface shall be visible to a person in a boat Warfare Center, Dahlgren (Range Con- near those points. trol) can be contacted by Marine VHF (ii) Persons desiring to cross the wa- radio (Channel 16) or by telephone (540) ters in the danger zone shall first de- 653–8791. termine whether a red streamer is dis- (4) Exceptions. Nothing in this regula- played on the east Shore of Accotink tion shall be intended to prevent com- Bay at its mouth or near the danger mercial fishing or the lawful use of ap- zone boundary on Accotink Creek. If proved waterfowl hunting blinds along the red streamer is displayed, it will the shorelines of Naval Surface War- indicate that firing is in progress and fare Center, Dahlgren, provided that all that the waters in the danger zone are necessary licenses and permits have covered by rifle fire, and the area shall 536 VerDate Sep<11>2014 17:09 Aug 21, 2019 Jkt 247139 PO 00000 Frm 00546 Fmt 8010 Sfmt 8010 Q:\33\33V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Corps of Engineers, Dept. of the Army, DoD § 334.240 not be entered until the streamer is striction will be in place 24 hours a lowered.