Navigation Regulations ■ Chapter 2 ■ 143 separating traffic lanes designated for particular Subpart B–Description of Traffic Separation classes of ships proceeding in the same direction. Schemes and Precautionary Areas (2835) (e) Precautionary area means a routing measure comprising an area within defined limits where ships §167.150 Off New York Traffic Separation Scheme: must navigate with particular caution and within General. which the direction of traffic flow may be recom- (2841) The specific areas in the Off New York Traffic Sepa- mended. ration Scheme and Precautionary Areas are described (2836) (f) Deep-water route means an internationally rec- in §§167.151, 167.152, 167.153, 167.154, and 167.155 ognized routing measure primarily intended for use by of this chapter. ships that, because of their draft in relation to the avail- able depth of water in the area concerned, require the §167.151 Off New York: Precautionary areas. use of such a route. (2842) (a) A circular precautionary area with a radius of (2837) (g) Two-way route means a route within defined limits inside which two-way traffic is established, seven miles is established centered upon Ambrose aimed at providing safe passage of ships through waters Light in geographic position: where navigation is difficult or dangerous. (2843) 40°27.50'N., 73°49.90'W. (2844) (b) A precautionary area is established between the §167.10 Operating rules. traffic separation scheme “Eastern Approach, off (2838) The operator of a vessel in a TSS shall comply with Nantucket” and the traffic separation schemes “In the Approach to Boston, Massachusetts.” (1) The precau- Rule 10 of the International Regulations for Preventing tionary area is bounded to the east by a circle of radius Collisions at Sea, 1972, as amended. 15.5 miles, centered upon geographic position: (2845) 40°35.00'N., 69°00.00'W., and is intersected by the §167.15 Modification of schemes. traffic separation schemes “In the Approach to Boston, (2839) (a) A traffic separation scheme or precautionary Massachusetts” and “Off New York” at the following geographic positions: area described in this Part may be permanently (2846) 40°50.33'N., 68°57.00'W. amended in accordance with 33 U.S.C. 1223 (92 Stat. (2847) 40°23.75'N., 69°14.63'W. 1473), and with international agreements. (2848) (2) The precautionary area is bounded to the west (2840) (b) A traffic separation scheme or precautionary by a line connecting the two traffic separation schemes area in this Part may be temporarily adjusted by the between the following geographic positions: Commandant of the Coast Guard in an emergency, or (2849) 40°36.75'N., 69°15.16'W. to accommodate operations which would create an un- (2850) 40°48.00'N., 69°03.33'W. due hazard for vessels using the scheme or which would contravene Rule 10 of the International Regula- §167.152 Off New York: Eastern approach, off tions for Preventing Collisions at Sea, 1972. Adjust- Nantucket. ment may be in the form of a temporary traffic lane (2851) (a) A separation zone is established bounded by a shift, a temporary suspension of a section of the line connecting the following geographic positions: scheme, a temporary precautionary area overlaying a (2852) 40°28.75'N., 69°14.83'W. lane, or other appropriate measure. Adjustments will (2853) 40°27.62'N., 70°13.77'W. only be made where, in the judgment of the Coast (2854) 40°30.62'N., 70°14.00'W. Guard, there is no reasonable alternative means of con- (2855) 40°31.75'N., 69°14.97'W. ducting an operation and navigation safety will not be (2856) (b) A traffic lane for westbound traffic is established jeopardized by the adjustment. Notice of adjustments between the separation zone and a line connecting the will be made in the appropriate Notice to Mariners and following geographic positions: in the Federal Register. Requests by members of the (2857) 40°36.75'N., 69°15.17'W. public for temporary adjustments to traffic separation (2858) 40°35.62'N., 70°14.15'W. schemes must be submitted 150 days prior to the time (2859) (c) A traffic lane for eastbound traffic is established the adjustment is desired. Such Requests, describing between the separation zone and a line connecting the the interference that would otherwise occur to a TSS, following geographic positions: should be submitted to the District Commander of the (2860) 40°22.62'N., 70°13.60'W. Coast Guard District in which the TSS is located. (2861) 40°23.75'N., 69°14.63'W.
144 ■ Chapter 2 ■ Volume 2 §167.153 Off New York: Eastern approach, off (2897) (b) A traffic lane for northbound traffic is estab- Ambrose Light. lished between the separation zone and a line connect- (2862) (a) A separation zone is established bounded by a ing the following geographic positions: line connecting the following geographic positions: (2863) 40°24.33'N., 73°04.97'W. (2898) 39°45.70'N., 73°37.70'W. (2864) 40°24.20'N., 73°11.50'W. (2899) 40°21.25'N., 73°45.85'W. (2865) 40°26.00'N., 73°40.93'W. (2900) (c) A traffic lane for southbound traffic is estab- (2866) 40°27.00'N., 73°40.75'W. (2867) 40°27.20'N., 73°11.50'W. lished between the separation zone and a line connect- (2868) 40°27.33'N., 73°04.95'W. ing the following geographic positions: (2869) (b) A traffic lane for westbound traffic is established (2901) 40°20.53'N., 73°49.65'W. between the separation zone and a line connecting the (2902) 39°45.70'N., 73°54.40'W. following geographic positions: (2903) Note: Use of LORAN C enables masters of appropri- (2870) 40°32.33'N., 73°04.95'W. ately equipped vessels to be informed highly accurately (2871) 40°32.20'N., 73°11.50'W. and continuously about the vessel’s position in the area (2872) 40°28.00'N., 73°40.73'W. covered by this scheme. (2873) (c) A traffic lane for eastbound traffic is established between the separation zone and a line connecting the Part 169–Ship Reporting Systems following geographic positions: (2874) 40°25.05'N., 73°41.32'W. Subpart A–General (2875) 40°19.20'N., 73°11.50'W. (2876) 40°19.33'N., 73°04.97'W. §169.1 What is the purpose of this part? (2904) This subpart prescribes the requirements for man- §167.154 Off New York: Southeastern approach. (2877) (a) A separation zone is established bounded by a datory ship reporting systems. Ship reporting systems are used to provide, gather, or exchange information line connecting the following geographic positions: through radio reports. The information is used to pro- (2878) 40°03.10'N., 73°17.93'W. vide data for many purposes including, but not limited (2879) 40°06.50'N., 73°22.73'W. to: navigation safety, maritime security and domain (2880) 40°22.45'N., 73°43.55'W. awareness, environmental protection, vessel traffic (2881) 40°23.20'N., 73°42.70'W. services, search and rescue, weather forecasting and (2882) 40°08.72'N., 73°20.10'W. prevention of marine pollution. (2883) 40°05.32'N., 73°15.28'W. (2884) (b) A traffic lane for northwest-bound traffic is es- §169.5 How are terms used in this part defined? (2905) As used in this part- tablished between the separation zone and a line con- (2906) Administration means the Government of the necting the following geographic positions: (2885) 40°08.98'N., 73°10.87'W. State whose flag the ship is entitled to fly. (2886) 40°12.42'N., 73°15.67'W. (2907) Cargo ship means any ship which is not a passen- (2887) 40°24.02'N., 73°41.97'W. (2888) (c) A traffic lane for southeast-bound traffic is es- ger ship. tablished between the separation zone and a line con- (2908) Flag Administration means the Government of a necting the following geographic positions: (2889) 40°21.82'N., 73°44.55'W. State whose flag the ship is entitled to fly. (2890) 40°02.80'N., 73°27.15'W. (2909) Gross tonnage means tonnage as defined under (2891) 39°59.43'N., 73°22.35'W. the International Convention on Tonnage Measure- §167.155 Off New York: Southern approach. ment of Ships, 1969 (Incorporated by reference, see (2892) (a) A separation zone is established bounded by a §169.15). (2910) Gross tons means vessel tonnage measured in ac- line connecting the following geographic positions: cordance with the method utilized by the flag state ad- (2893) 39°45.70'N., 73°48.00'W. ministration of that vessel. (2894) 40°20.63'N., 73°48.33'W. (2911) High speed craft means a craft that is operable on (2895) 40°20.87'N., 73°47.07'W. or above the water and is capable of a maximum speed (2896) 39°45.70'N., 73°44.00'W. equal to or exceeding V=3.7xdispl1667, where “V” is the maximum speed and “displ” is the vessel displacement corresponding to the design waterline in cubic meters. (2912) High speed passenger craft means a high speed craft carrying more than 12 passengers.
Navigation Regulations ■ Chapter 2 ■ 145 (2913) International voyage means a voyage from a coun- §169.10 What geographic coordinates are used? try to which the present International Convention for (2925) Geographic coordinates expressed in terms of lati- the Safety of Life at Sea (SOLAS), 1974 applies to a port outside such country, or conversely. For U.S. ships, tude or longitude, or both, are not intended for plotting such voyages will be considered to originate at a port in on maps or charts where the referenced horizontal da- the United States, regardless of when the voyage actu- tum is the North American Datum of 1983 (NAD 83), ally began. Such voyages for U.S. ships will continue unless such geographic coordinates are expressly la- until the ship returns to the United States from its last beled NAD 83. Geographic coordinates without the foreign port. NAD 83 reference may be plotted on maps or charts ref- erenced to NAD 83 only after application of the appro- (2914) Long range identification and tracking (LRIT) in- priate corrections that are published on the particular formation or position report means report containing map or chart being used. the following information: §169.15 Incorporation by reference: Where can I (2915) (1) The identity of the ship; get a copy of the publications mentioned in this (2916) (2) The position of the ship (latitude and longi- part? (2926) (a) Certain material is incorporated by reference tude); and into this part with the approval of the Director of the (2917) (3) The date and time of the position provided. Federal Register under 5 U.S.C. 552(a) and 1 CFR part (2918) LRIT Data Center means a center established by a 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of SOLAS Contracting Government or a group of Con- change in the Federal Register and the material must tracting Governments, or in the case of International be available to the public. All approved material is avail- Data Center, by IMO, to request, receive, process, and able for inspection at the National Archives and Re- archive LRIT information. An LRIT Data Center may be cords Administration (NARA). For information on the National, Regional, Co-operative or International. availability of this material at NARA, call 202-741-6030 (2919) Mandatory ship reporting system means a ship re- or go to http://www.archives.gov/federal_register/code porting system that requires the participation of speci- _of_federal_regulations/ibr_locations.html. Also, it is fied vessels or classes of vessels, and that is established available for inspection at the Coast Guard, Office of by a government or governments after adoption of a Navigation Systems (CG-54132), 2100 Second Street, proposed system by the International Maritime Organi- SW., Washington, DC 20593-0001, and is available from zation (IMO) as complying with all requirements of the sources indicated in this section. regulation V/8-1 of the International Convention for (2927) (b) International Electrotechnical Commission the Safety of Life at Sea, 1974, as amended (SOLAS), ex- (IEC) Bureau Central de la Commission Electrotech- cept paragraph (e) thereof. nique Internationale, 3 rue de Varembé, P.O. Box 131, (2920) Mobile offshore drilling unit means a self-propelled 1211 Geneva 20, Switzerland. vessel capable of engaging in drilling operations for the (2928) (1) IEC 60945, Fourth edition 2002-08, Maritime exploration or exploitation of subsea resources. navigation and radiocommunication equipment and (2921) Passenger ship means a ship that carries more than systems-General requirements-Methods of testing and 12 passengers. required test results, incorporation by reference ap- (2922) Self-propelled ships means ships propelled by me- proved for §169.215. chanical means. (2929) (2) [Reserved] (2923) Shore-based authority means the government ap- (2930) (c) International Maritime Organization (IMO), 4 pointed office or offices that will receive the reports Albert Embankment, London SE1 7SR, U.K. made by ships entering each of the mandatary ship re- (2931) (1) IMO Resolution MSC.202(81), adopted on May porting systems. The office or offices will be responsi- 19, 2006, Adoption of Amendments to the International ble for the management and coordination of the Convention for the Safety of Life at Sea, 1974, as system, interaction with participating ships, and the Amended, incorporation by reference approved for safe and effective operation of the system. Such an au- §160.240. thority may or may not be an authority in charge of a (2932) (2) IMO Resolution MSC. 210(81), adopted on May vessel traffic service. 19, 2006, Performance Standards and Functional Re- (2924) United States means the States of the United quirements for the Long-Range Identification and States, the District of Columbia, Guam, Puerto Rico, Tracking of Ships, incorporation by reference approved the Virgin Islands, American Samoa, the Northern for §§169.215 and 169.240. Mariana Islands, and any other territory or possession of the United States.
146 ■ Chapter 2 ■ Volume 2 (2933) (3) IMO Resolution MSC.254(83), adopted on Octo- §169.110 When is the northeastern reporting ber 12, 2007, Adoption of Amendments to the Perfor- system in effect? mance Standards and Functional Requirements for the (2940) The mandatory ship reporting system in the north- Long-Range Identification and Tracking of Ships, in- eastern United States operates year-round. corporation by reference approved for §§169.215 and 169.240. §169.115 Where is the southeastern reporting system located? (2934) (4) IMO Resolution A.694(17), adopted on Novem- (2941) Geographical boundaries of the southeastern area ber 6, 1991, General Requirements for Shipborne Ra- include coastal waters within about 25 nautical miles dio Equipment Forming Part of the Global Maritime (45 kilometers) along a 90-nautical mile (170-kilome- Distress and Safety System (GMDSS) and for Elec- ter) stretch of the Atlantic seaboard in Florida and tronic Navigational Aids, incorporation by reference Georgia. The area coordinates (NAD 83) extends from approved for §165.215. the shoreline east to longitude 80°51.6'W with the southern and northern boundaries at latitude 30°00'N (2935) (5) International Convention on Tonnage Measure- and 31°27'N., respectively. ment of Ships, 1969, incorporation by reference ap- proved for §169.5. Subpart B–Establishment of Two Mandatory §169.120 When is the southeastern reporting Ship Reporting Systems for the Protection of system in effect? North Atlantic Right Whales (2942) The mandatory ship reporting system in the south- eastern United States operates during the period begin- §169.100 What mandatory ship reporting systems ning on November 15 each year through April 16 of the are established by this subpart? following year. (2936) This subpart prescribes requirements for the estab- lishment and maintenance of two mandatory ship re- §169.125 What classes of ships are required to porting systems for the protection of the endangered make reports? northern right whale (also known as the North Atlantic (2943) Each self-propelled ship of 300 gross tons or right whale). These two systems are designated for cer- greater must participate in the reporting systems, ex- tain areas of the East Coast of the United States. One cept government ships exempted from reporting by system is located in the northeast and is identified as regulation V/8–1(c) of SOLAS. However, exempt ships WHALESNORTH. The other system is located in the are encouraged to participate in the reporting systems. southeast and is identified as WHALESSOUTH. (2937) Note: 50 CFR 224.103(c) contains requirements §169.130 When are ships required to make and procedures concerning North Atlantic right whale reports? approach limitations and avoidance procedures. (2944) Participating ships must report to the shore-based authority upon entering the area covered by a report- §169.102 Who is the shore-based authority? ing system. Additional reports are not necessary for (2938) The U.S. Coast Guard is the shore-based authority movements made within a system or for ships exiting a system. for these mandatory ship reporting systems. §169.135 How must the reports be made? §169.105 Where is the northeastern reporting (2945) (a) A ship equipped with INMARSAT C must report system located? (2939) Geographical boundaries of the northeastern area in IM0 standard format as provided in §169.140 in table include the waters of Cape Cod Bay, Massachusetts Bay, 169.140. and the Great South Channel east and southeast of (2946) (b) A ship not equipped with INMARSAT C must re- Massachusetts. The coordinates (NAD 83) of the area port to the Coast Guard using other means, listed be- are as follows: from a point on Cape Ann, Massachu- low in order of precedence– setts at 42°39'N, 70°37'W; then northeast to 42°45'N, (2947) (1) Narrow band direct printing (SITOR), 70°13'W; then southeast to 42°10'N, 68°31'W; then (2948) (2) HF voice communication, or south to 41°00'N, 68°31'W; then west to 41°00'N, (2949) (3) MF or VHF voice communications. 69°17'W; then northwest to 42°05'N, 70°02'W; then (2950) (c) SITOR or HF reports made directly to the Coast west to 42°04'N, 70°10'W; and then along the Massa- Guard’s Communications Area Master Station Atlantic chusetts shoreline of Cape Cod Bay and Massachusetts (CAMSLANT) in Chesapeake, VA, or MF or VHF reports Bay back to the point on Cape Ann at 42°39'N, 70°37'W. made to Coast Guard activities or groups, should only be made by ships not equipped with INMARSAT C.
Navigation Regulations ■ Chapter 2 ■ 147 Table 169.140–Requirements for ship reports Telegraphy Function Information required Name of system System identifier Ship reporting system WHALESNORTH or WHALESSOUTH M INMARSAT number Vessel INMARSAT number A Ship The name, call sign or ship station identity, IMO number, and flag of the vessel. B Date and time of event A 6-digit group giving day of month (first two digits), hours and minutes (last four digits). E True course A 3-digit group. F Speed in knots and tenths of knots A 3-digit group. H Date, time and point of entry into system Entry time expressed as in (B) and entry position expressed as– (1) A 4-digit group giving latitude in degrees and minutes suffixed with N (north) or S (south) and a 5-digit group giving longitude in degrees and minutes suffixed with E (east) or W (west); or (2) True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly identified landmark (state land- mark). I Destination and expected time of arrival Name of port and date time group expressed as in (B). L Route information Intended track. Ships in this category must provide all the required in- operations, and increases our ability to detect anoma- formation to the Coast Guard watchstander. lies and deter transportation security incidents. §169.140 What information must be included in §169.205 What types of ships are required to the report? transmit LRIT information (position reports)? (2951) Each ship report made to the shore-based author- (2953) The following ships, while engaged on an ity must follow the standard reporting and format re- international voyage, are required to transmit position quirements listed in this section in table 169.140. reports: Current email addresses and telex numbers are pub- (2954) (a) A passenger ship, including high speed passen- lished annually in the U.S. Coast Pilot. ger craft. (2955) (b) A cargo ship, including high speed craft, of 300 Subpart C-Transmission of Long Range gross tonnage or more. Identification and Tracking Information (2956) (c) A mobile offshore drilling unit while underway and not engaged in drilling operations. §169.200 What is the purpose of this subpart? §169.210 Where during its international voyage (2952) This subpart implements Regulation 19-1 of must a ship transmit position reports? (2957) The requirements for the transmission of position SOLAS Chapter V (SOLAS V/19-1) and requires certain reports, imposed by the United States, vary depending ships engaged on an international voyage to transmit on the relationship of the United States to a ship identi- vessel identification and position information electron- fied in §169.205. ically. This requirement enables the Coast Guard to ob- (2958) (a) Flag State relationship. A U.S. flag ship engaged tain long range identification and tracking (LRIT) on an international voyage must transmit position re- information and thus heightens our overall maritime ports wherever they are located. domain awareness, enhances our search and rescue
148 ■ Chapter 2 ■ Volume 2 (2959) (b) Port State relationship. A foreign flag ship en- §169.225 Which Application Service Providers gaged on an international voyage must transmit posi- may a ship use? tion reports after the ship has announced its intention (2972) A ship may use an application Service Provider to enter a U.S. port or place under requirements in 33 (ASP) recognized by its administration. Some Commu- CFR part 160, subpart C. nication Service Providers may also serve as an ASP. (2960) (c) Coastal State relationship. A foreign flag ship §169.230 How often must a ship transmit position engaged on an international voyage must transmit po- reports? sition reports when the ship is within 1,000 nautical (2973) A ship's LRIT equipment must transmit position miles of the baseline of the United States, unless their reports at 6-hour intervals unless a more frequent in- Flag Administration, under authority of SOLAS terval is requested remotely by an LRIT Data Center. V/19-1.9.1, has directed them not to do so. §169.215 How must a ship transmit position §169.235 What exemptions are there from reports? reporting? (2961) A ship must transmit position reports using Long (2974) A ship is exempt from this subpart if it is- Range Identification and Tracking (LRIT) equipment (2975) (a) Fitted with an operating automatic identifica- that has been type-approved by their Administration. tion system (AIS), under 33 CFR 164.46, and operates To be type-approved by the Coast Guard, LRIT equip- only within 20 nautical miles of the United States ment must meet the requirements of IMO Resolutions baseline, A.694(17), MSC.210(81), and MSC.254(83), and IEC (2976) (b) A warship, naval auxiliaries or other ship owned standard IEC 60945 (Incorporated by reference, see or operated by a SOLAS Contracting Government and §169.15). used only on Government non-commercial service, or (2977) (c) A ship solely navigating the Great Lakes of §169.220 When must a ship be fitted with LRIT North America and their connecting and tributary wa- equipment? ters as far east as the lower exit of the St. Lambert Lock (2962) A ship identified in §169.205 must be equipped at Montreal in the Province of Quebec, Canada. with LRIT equipment- (2963) (a) Before getting underway, if the ship is con- §169.240 When may LRIT equipment be switched structed on or after December 31, 2008. off? (2964) (b) By the first survey of the radio installation after (2978) A ship engaged on an international voyage may December 31, 2008, if the ship is- switch off its LRIT equipment only when it is permitted (2965) (1) Constructed before December 31, 2008, and by its Flag Administration, in circumstances detailed in (2966) (2) Operates within- SOLAS V/19-1.7, or in paragraph 4.4.1, of resolution (2967) (i) One hundred (100) nautical miles of the United MSC.210(81), as amended by resolution MSC.254(83) States baseline, or (Incorporated by reference, see §169.15). (2968) (ii) Range of an Inmarsat geostationary satellite, or other Application Service Provider recognized by the §169.245 What must a ship master do if LRIT Administration, with continuous alerting is available. equipment is switched off or fails to operate? (2969) (c) By the first survey of the radio installation after (2979) (a) If a ship’s LRIT equipment is switched off or fails July 1, 2009, if the ship is- to operate, the ship’s master must inform his or her (2970) (1) Constructed before December 31, 2008, and Flag Administration without undue delay. (2971) (2) Operates within the area or range specified in (2980) (b) The master must also make an entry in the paragraph (b)(2) of this section as well as outside the ship’s logbook that states- range of an Inmarsat geostationary satellite with which (2981) (1) His or her reason for switching the LRIT equip- continuous alerting is available. While operating in the ment off, or an entry that the equipment has failed to area or range specified in paragraph (b)(2) of this sec- operate, and tion, however, a ship must install LRIT equipment by (2982) (2) The period during which the LRIT equipment the first survey of the radio installation after December was switched off or non-operational. 31, 2008. (2983) Note to §169.245: for U.S. vessels, the U.S. Coast Guard serves as the Flag Administration for purposes of this section. All LRIT notifications for the U.S. Flag ad- ministration, in addition to requests or questions about LRIT, should be communicated to the U.S. Coast Guard by e-mail addressed to [email protected].
Navigation Regulations ■ Chapter 2 ■ 149 Part 207–Navigation Regulations (2990) (2) For telephone communications with the traffic controller, call (508) 759-4431. §207.20 Cape Cod Canal,Mass.; use,administration, and navigation. (2991) (3) Vessels shall maintain a radio guard on Marine (2984) (a) Limit of canal. The canal, including ap- VHF-FM channel 13 during the entire passage through proaches, extends from the Canal Station Minus 100 in the canal. Cape Cod Bay, approximately one and six-tenths (1.6) statute miles seaward of the Canal Breakwater Light, (2992) (4) All radio communications in the vicinity of the through dredged channels and land cuts to Cleveland canal are tape recorded for future reference. Ledge Light in Buzzards Bay approximately four (4) statute miles southwest of Wings Neck. (2993) (d) Vessels allowed passage. The canal is open for (2985) (b) Supervision. (1) The movement of ships, boats passage to all adequately powered vessels properly and craft of every description through the canal and the equipped and seaworthy, of sizes consistent with safe operation and maintenance of the waterway and all navigation as governed by the controlling depths and property of the United States pertaining thereto shall widths of the channel and the vertical and horizontal be under the supervision of the Division Engineer, U.S. clearances of the bridges over the waterway. The grant- Army Engineer Division, New England, Corps of Engi- ing of permission for any vessel to proceed through the neers, Waltham, Massachusetts, or the authorized rep- waterway shall not relieve the owners, agents and oper- resentative of the division engineer, the ators of full responsibility for its safe passage. No vessel Engineer-In-Charge of the Cape Cod Canal. The divi- having a greater draft forward than aft will be allowed sion engineer or the Engineer-In-Charge from time to to transit the canal. Craft of low power and wind driven time will prescribe rules governing the dimensions of are required to have and use auxiliary power during vessels which may transit the waterway, and other spe- passage throughout the canal as defined in paragraph cial conditions and requirements which will govern the (a) of this section. Low powered vessels will be required movement of vessels using the waterway. to await slack water or favorable current for canal tran- (2986) (2) The Engineer-In-Charge, through the marine sit. traffic controller on duty, will enforce these regula- tions and monitor traffic through the canal. The ma- (2994) (e) Tows. (1) Tows shall be made-up outside the ca- rine traffic controller on duty is the individual nal entrances. All vessels engaged in towing other ves- responsible for interpretation of these regulations with sels not equipped with a rudder shall use two lines or a respect to vessels transiting the canal. Vessels transiting bridle and one tow line. If the vessel in tow is equipped the canal must obey the orders of the marine traffic with a rudder or a ship shaped bow, one tow line may be controller. used. All tow lines of hawsers must be hauled as short (2987) (3) The government has tugs stationed at the West as practicable for safe handling of the tows. No towboat Boat Basin for emergency use on an on-call basis. A pa- will be allowed to enter the waterway with more than trol vessel is manned and operational 24-hours a day. two barges in tow unless prior approval is granted by (2988) (c) Communications. There is a marine traffic con- the Engineer-In-Charge; requests must be submitted troller on duty 24 hours a day, seven days a week, in the 12 hours in advance of the passage. traffic control center located at the Canal Administra- tive Office. The primary method of communications (2995) (2) The maximum length of pontoon rafts using between the canal and vessels transiting will be by the canal will be limited to 600 feet, and the maximum VHF-FM Marine radio. The traffic controller can also be width to 100 feet. Pontoon rafts exceeding 200 feet in contacted by telephone. length will be required to have an additional tug on the (2989) (1) For radio communications, call the traffic con- stern to insure that the tow is kept in line. The tugs troller on channel 16 to establish contact. The trans- used must have sufficient power to handle the raft missions will then be switched to channel 12 or 14 as safely. the working channel to pass information. Channel 13 is also available at the canal office; however, the use of (2996) (3) Dead ships are required to transit the canal dur- channel 13 should be limited to emergency situations ing daylight hours and must be provided with the num- or whenever vessels do not have one of the other chan- ber of tugs sufficient to afford safe passage through the nels. All four channels are monitored continuously by canal. (A dead ship will not be allowed to enter the canal the traffic controller. Radio discipline will be adhered unless prior approval is granted by the Engi- to in accordance with FCC rules and regulations. neer-In-Charge; requests must be submitted 12 hours in advance of the passage). (2997) (f) Dangerous Cargoes. The master or pilot of any vessel or tow carrying dangerous cargoes must notify the Marine Traffic Controller prior to entering the ca- nal. Dangerous cargoes are defined as those items listed in 33 CFR 126.10 when carried in bulk (i.e., quan- tities exceeding 110 U.S. gallons in one tank) plus Class
150 ■ Chapter 2 ■ Volume 2 A explosives (commercial or military) as listed in 49 30.25 will be restricted from passage through the canal CFR 173.53 (commercial) and 46 CFR 146.29–100 when visibility is less than ½ mile. Other vessels may (military), liquified natural gas and liquified petroleum transit the canal in thick weather by use of radar with gas. Transportation of dangerous cargoes through the the understanding that the United States Government canal shall be in strict accordance with existing regula- will assume no responsibility: And provided, That tions prescribed by law. In addition, vessels carrying clearance has been obtained from the marine traffic dangerous cargoes shall comply with the following re- controller. quirements. (3010) (h) Traffic lights. There are three sets of traffic (2998) (1) They must have sufficient horsepower to over- lights showing red, green, and yellow that are operated come tidal currents or they will be required to wait for on a continuous basis at the canal. The traffic lights ap- favorable current conditions. ply to all vessels 65 feet in length and over. The traffic (2999) (2) Transits will be during daylight hours. lights are a secondary system that is operated in sup- (3000) (3) No transit will be permitted when visibility con- port of the radio communications system. The traffic ditions are unstable or less than 2 miles at the ap- lights are located at the easterly canal entrance, Sand- proaches and throughout the entire length of the wich, and at the westerly entrance to Hog Island Chan- canal. nel at Wings Neck. A third traffic light is located at the (3001) (4) Transits must await a clear canal for passage. Canal Electric Terminal basin on the south side of the (3002) (g) Obtaining clearance. (1) Vessels under 65 feet in canal in Sandwich, and applies only to vessels arriving length may enter the canal without obtaining clear- and departing that terminal. ance. All craft are required to make a complete passage (3011) (1) Westbound traffic-When the green light is on at through the canal except excursion craft which may the eastern (Cape Cod Bay) entrance, vessels may pro- operate and change direction within the canal in accor- ceed westward through the canal. When the red light is dance with procedures coordinated with the marine on, any type of vessel 65 feet in length and over must traffic controller on duty. When the railroad bridge stop clear of the Cape Cod Bay entrance channel. When span is in the closed (down) position, all vessels are di- the yellow light is on, vessels 65 feet in length and over rected not to proceed beyond the points designated by and drawing less than 25 feet may proceed as far as the the stop signs posted east and west of the railroad East Mooring Basin where they must stop. Prior to con- bridge. Vessels proceeding with a fair tide (with the tinuing passage through the canal, clearance must be current) should turn and stem the current at the desig- obtained from the marine traffic controller. nated stop points until the railroad bridge is in the (3012) (2) Eastbound traffic-When the green light is on at raised (open) position. Wings Neck, vessels may proceed eastward through the (3003) (2) Vessels 65 feet in length and over shall not enter canal. When the red light is on, vessels 65 feet and over the canal until clearance has been obtained from the in length and drawing less than 25 feet must keep marine traffic controller by radio. See paragraph (c) southerly of Hog Island Channel Entrance Buoys Nos. “Communications” for procedures. If a vessel, granted 1 and 2 and utilize the general anchorage areas adja- prior clearance, is delayed or stops at the mooring bas- cent to the improved channel. Vessel traffic drawing 25 ins, state pier, or the Sandwich bulkhead, a second feet and over are directed not to enter the canal chan- clearance must be obtained prior to continuing passage nel at the Cleveland Ledge Light entrance and shall lay through the canal. to or anchor in the vicinity of Buzzards Bay Buoy No. (3004) (3) Vessels will be given clearance in the order of 11 (FLW & Bell) until clearance is granted by the canal arrival, except when conditions warrant one-way traf- marine traffic controller or a green traffic light at fic, or for any reason an order of priority is necessary, Wings Neck is displayed. When the yellow light is on, clearance will be granted in the following order. vessels may proceed through Hog Island Channel as far (3005) (i) First-To vessels owned or operated by the United as the West Mooring Basin where they must stop. Prior States, including contractors’ equipment employed on to continuing passage through the canal, clearance canal maintenance or improvement work. must be obtained from the marine traffic controller. (3006) (ii) Second-To passenger vessels. (3013) (i) Railroad Bridge Signals. The following signals at (3007) (iii) Third-To tankers and barges docking and the Buzzards Bay Railroad Bridge will be given strict undocking at the Canal Electric Terminal. attention. (3008) (iv) Fourth-To merchant vessels, towboats, com- (3014) (1) The vertical lift span on the railroad bridge is mercial fishing vessels, pleasure boats and miscella- normally kept in the raised (open) position except neous craft. when it is lowered for the passage of trains, or for main- (3009) (4) Procedures in adverse weather-Vessels carrying tenance purposes. Immediately preceding the lowering flammable or combustible cargoes as defined in 46 CFR of the span, the operator will sound two long blasts of
Navigation Regulations ■ Chapter 2 ■ 151 an air horn. Immediately preceding the raising of the helper tug in accordance with paragraph (k) of this sec- span, the operator will sound one long blast of an air tion. horn. When a vessel or craft of any type is approaching (3025) (k) Management of vessels. (1) Vessels within the the bridge with the span in the down (closed) position limits of the canal shall comply with applicable naviga- and the span cannot be raised immediately, the opera- tion rules. tor of the bridge will so indicate by sounding danger (3026) (2) Vessels within the limits of the canal shall com- signals of four short blasts in quick succession. ply with the applicable requirements for the use of pi- (3015) (2) When the lift span is in the down (closed) posi- lots established by the Coast Guard, including but not tion in foggy weather or when visibility is obscured by limited to those contained in 46 CFR 157.20–40. Ves- vapor, there will be four short blasts sounded from the sels will not be granted clearance to enter the canal un- bridge every two minutes. til the marine traffic controller has been notified of the (3016) (j) Speed. All vessels are directed to pass mooring name of the pilot who will be handling the vessel. and boat basin facilities, the state pier, and all floating (3027) (3) The master of a vessel will be responsible for no- plant engaged in maintenance operations of the water- tifying the marine traffic controller as soon as an emer- way at a minimum speed consistent with safe naviga- gency situation appears to be developing. When in the tion. In order to coordinate scheduled rail traffic with opinion of the marine traffic controller an emergency the passage of vessels, to minimize erosion of the canal exists, he/she can require the master to accept the as- banks and dikes from excessive wave wash and suction, sistance of a helper vessel. Whether or not assistance is and for the safety of vessels using the canal, the follow- provided by a government vessel or by a private firm ing speed regulations must be observed by vessels of all under contract to the government, the government re- types, including pleasure craft. The minimum running serves the right to seek compensation from the vessel time for the land cut between the East Mooring Basin owners for all costs incurred. (Station 35) and the Administration Office in Buzzards (3028) (4) Right of Way-All vessels proceeding with the Bay (Station 388) is prescribed as follows: current shall have the right of way over those proceed- (3017) Head Tide–60 Minutes ing against the current. All craft up to 65 feet in length (3018) Fair Tide–30 Minutes shall be operated so as not to interfere with the naviga- (3019) Slack Tide–45 Minutes tion of vessels of greater length. (3020) The minimum running time between the Adminis- (3029) (5) Passing of vessels-The passing of one vessel by tration Office (Station 388) and Hog Island Channel another when proceeding in the same direction is pro- westerly entrance Buoy No. 1 (Station 661) is pre- hibited except when a leading low powered ship is un- scribed as follows: able to make sufficient headway. However, extreme (3021) Head Tide–46 Minutes caution must be observed to avoid collision, and con- (3022) Fair Tide–23 Minutes sideration must be given to the size of the ship to be (3023) Slack Tide–35 Minutes overtaken, velocity of current and wind, and atmo- (3024) The running time at slack water will apply to any spheric conditions. Masters of vessels involved shall in- vessel which enters that portion of the canal between form the marine traffic controller on duty of stations 35 and 661, within the period of one-half hour developing situations to facilitate coordination of ves- before or after the predicted time of slack water as sel movement. Meeting or passing of vessels at the east- given in the National Ocean Service publication “Cur- erly end of the canal between Station Minus 40 and rent Tables, Atlantic Coast, North America.” The mini- Station 60 will not be permitted, except in cases of ex- mum running time during a head tide or a fair tide treme emergency, in order to allow vessels to utilize shall apply to any vessel which enters that portion of the center line range to minimize the effects of hazard- the canal between Station 35 and 661 at any time other ous eddies and currents. Due to bank suction and tidal than designated above for time requirements at slack set, meeting and passing of vessels at the following lo- tide. Vessels of any kind unable to make a through tran- cation will be avoided: sit of the land cut portion of the canal against a head (3030) (i) Sagamore Bridge. current of 6.0 knots within a maximum time limit of 2 (3031) (ii) Bourne Bridge. hours 30 minutes shall be required to obtain the assis- (3032) (iii) Railroad Bridge. tance of a helper tug at the vessel owner’s expense or (3033) (iv) Mass. Maritime Academy. await favorable tide conditions prior to receiving clear- (3034) (6) Unnecessary delay in canal-Vessels and other ance from the marine traffic controller. In the event type crafts must not obstruct navigation by unneces- vessels within the confines of the canal fail to perform sarily idling at low speed when entering or passing and are unable to make sufficient headway against the through the canal. currents, the marine traffic controller may activate a
152 ■ Chapter 2 ■ Volume 2 (3035) (7) Stopping in the waterway-Anchoring in the (3042) (q) Recreational use of canal.–(1) Policy. (i) It is the Cape Cod Canal Channel is prohibited except in emer- policy of the Secretary of the Army acting through the gencies. For the safety of canal operations it is manda- Chief of Engineers to provide the public with safe and tory that the masters of all vessels anchoring in or healthful recreational opportunities within all water adjacent to the canal channel (Cape Cod Bay to Cleve- resource development projects administered by the land Ledge Light) for any reason, immediately notify Chief of Engineers, including the canal and govern- the marine traffic controller. ment lands part thereof. Any recreational use of the ca- nal and those lands shall be at the users own risk. (3036) (8) Utilization of mooring and boat basins and the Sandwich Bulkhead-Vessels mooring or anchoring in (3043) (ii) All water resource development projects open the mooring or boat basins at the Sandwich bulkhead for recreational use shall be available to the public must do so in a manner not to obstruct or impede ves- without regard to sex, race, creed, color or national ori- sel movements to and from facilities. These facilities gin. No lessee, licensee, or concessionaire providing a are of limited capacity and permission to occupy them service to the public shall discriminate against any per- for periods exceeding 24 hours must be obtained in ad- son or persons because of sex, race, creed, color or na- vance from the marine traffic controller. Mooring in tional origin in the conduct of operations under the the West Boat Basin at Buzzards Bay, near the railroad lease, license or concession contract. bridge, is not permitted except in an emergency. Fishing boats, yachts, cabin cruisers and other craft (3044) (2) Motor vehicles. Operation of motor vehicles, utilizing the East Boat Basin on the south side of the motorcycles, minibikes, mopeds, motorbikes, snow- canal at Sandwich, Massachusetts are not permitted to mobiles, and all types of off-road vehicles is prohibited tie up at the Corps of Engineers landing float or anchor on government lands and service roads except in areas in a manner to prevent canal floating plant from having specifically designated for such operation. ready access to the float. All vessels or barges left unat- tended must be securely tied with adequate lines or ca- (3045) (3) Swimming. Swimming, skin diving, snorkel- bles. The United States assumes no liability for ing, and scuba diving in the canal between the east en- damages which may be sustained by any craft using the trance in Cape Cod Bay and the west entrance at bulkhead at Sandwich or the canal mooring or boat ba- Cleveland Ledge Light are prohibited. Diving opera- sin facilities. Vessels shall not be left unattended along tions may be authorized by the Engineer-In-Charge in the face of the government bulkhead. A responsible conjunction with operation and maintenance of the ca- person with authority to authorize and/or accomplish nal. vessel movement must remain onboard at all times. (3046) (4) Camping. Overnight tenting or camping on (3037) (1) Grounded, wrecked or damaged vessels. In the government land is prohibited except in areas desig- event a vessel is grounded, or so damaged by accident nated by the division engineer. Bourne Scenic Park and as to render it likely to become an obstruction and/or Scusset Beach State Reservation are designated camp- hazard to navigation in the waterway, the division engi- ing areas. Persons asleep during hours of darkness in neer or the division engineer’s authorized representa- or out of vehicles shall be considered as campers. tive shall supervise and direct all operations that may be necessary to remove the vessel to a safe locality. (3047) (5) Fishing. Persons may fish with rod and line from the banks of the canal on Federally owned prop- (3038) (m) [Reserved] erty except areas designated by the division engineer. (3039) (n) Deposit of refuse. No oil or other allied liquids, Fishing and lobstering by boat in the Cape Cod Canal between the east entrance in Cape Cod Bay and the west ashes, or materials of any kind shall be thrown, entrance at Cleveland Ledge Light are prohibited. Fish- pumped or swept into the canal or its approaches from ing by boat is permitted in the area west of the State any vessel or craft using the waterway, nor shall any re- Pier in Buzzards Bay, provided that all craft stay out of fuse be deposited on canal grounds, marine structures, the channel defined by United States Coast Guard or facilities. buoys and beacons. Fish and game laws of the United (3040) (o) Trespass to property. Subject to the provisions States and the Commonwealth of Massachusetts will be of paragraph (q) of this section trespass upon the canal enforced. property is prohibited. (3041) (p) Bridges over the canal. The government owns, (3048) (6) Hunting. Hunting is permitted in accordance operates and maintains all bridges across the canal with game laws of the United States and the Common- which include one railroad bridge and two highway wealth of Massachusetts. bridges. The division engineer or his/her authorized representative may establish rules and regulations gov- (3049) (7) Fires. No open fires will be allowed at any time erning the use of these bridges. except by special permission and then shall be continu- ously overseen and in compliance with state or town laws.
Navigation Regulations ■ Chapter 2 ■ 153 (3050) (8) Control of animals and pets. (i) No person shall property may not be disposed of until the expiration of bring or have horses in camping, picnic, swimming 120 days after the date when notice, giving the time and beaches or developed recreation areas. place of the intended sale or other disposition, has been sent by certified or registered mail to that person at last (3051) (ii) No person shall bring dogs (except seeing eye known address. When diligent effort to determine the dogs), cats, or other pets into developed recreation ar- owner, owner’s heirs or next of kin, or legal representa- eas unless penned, caged, or on a leash no longer than tive is unsuccessful, the property may be disposed of six feet or otherwise under physical restrictive controls without delay, except that if it has a fair market value of at all times. $25 or more the property generally may not be disposed of until three months after the date it is received at the (3052) (9) Restrictions. (i) The division engineer may es- Cape Cod Canal Administrative Office. The net proceeds tablish a reasonable schedule of visiting hours for all or from the sale of property shall be placed into the Trea- portions of the project area and close or restrict the sury of the United States as miscellaneous receipts. public use of all or any portion of the project by the (3059) (13) Lost and found articles. All abandoned/lost ar- posting of appropriate signs indicating the extent and ticles shall be deposited by the finder at the Canal Ad- scope of closure. All persons shall observe such posted ministration office or with Canal ranger. The finder restrictions. shall leave his/her name, address, and phone number. All lost articles shall be disposed of in accordance with (3053) (ii) The operation or use of any audio or other noise procedures set forth in paragraph (q)(12) of this sec- producing device including, but not limited to, com- tion. munications media and vehicles in such a manner as to (3060) (14) Advertisement. Advertising by the use of bill- unreasonably annoy, endanger persons or affect vessel boards, signs, markers, audio devices or any other traffic through the canal is prohibited. means whatever is prohibited unless written permis- sion has been received from the division engineer. (3054) (10) Explosives, firearms, other weapons and fire- (3061) (15) Commercial activities. The engaging in or so- works. (i) The possession of loaded firearms, ammuni- licitation of business without the written permission of tion, projectile firing devices, bows and arrows, the division engineer is prohibited. crossbows, and explosives of any kind is prohibited un- (3062) (16) Unauthorized structures. The construction or less in the possession of a law enforcement officer or placing of any structure of any kind under, upon or over Government employee on official duty or used for the project lands or waters is prohibited unless a per- hunting during the hunting season as permitted under mit has been issued by the division engineer. Struc- paragraph (q)(6) of this section, or unless written per- tures not under permit are subject to summary mission has been received from the division engineer. removal by the division engineer. (3063) (17) Special events. Prior approval must be ob- (3055) (ii) The possession or use of fireworks is prohibited tained from the Engineer-In-Charge for special events, unless written permission has been received from the recreational programs and group activities. The public division engineer. shall not be charged any fee by the sponsor of such event unless the division engineer has approved in (3056) (11) Public property. Destruction, injury, deface- writing the proposed schedule of fees. ment or removal of public property including natural (3064) (18) Interference with government employees. In- formations, historical and archeological features and terference with any government employee in the con- vegetative growth is prohibited without written per- duct of official duties pertaining to the administration mission of the division engineer. of these regulations is prohibited. (3057) (12) Abandonment of personal property. (i) Aban- §207.50 Hudson River Lock at Troy,N.Y.; navigation. donment of personal property is prohibited. Personal (3065) (a) Authority of lockmaster. The lockmaster shall property shall not be left unattended upon the lands or waters of the project except in accordance with this be charged with the immediate control and manage- regulation. After a period of 24 hours, abandoned or ment of the lock, and of the area set aside as the lock unattended personal property shall be impounded and area, including the lock approach channels. He shall stored at a storage point designated by the division en- see that all laws, rules and regulations for the use of the gineer. The division engineer shall assess a reasonable lock and lock area are duly complied with, to which end impoundment fee, which shall be paid before the im- he is authorized to give all necessary orders and direc- pounded property is returned to its owners. tions in accordance therewith, both to employees of the Government and to any and every person within the (3058) (ii) The division engineer shall, by public or private sales or otherwise, dispose of all lost, abandoned, or un- claimed personal property that comes into his/her cus- tody or control. However, efforts should be made to find the owner, the owner’s heirs or next of kin, or legal rep- resentatives. If the owner, heirs or next of kin, or legal representative is determined but not found, the
154 ■ Chapter 2 ■ Volume 2 limits of the lock or lock area, whether navigating the feet between such vessels can be maintained in the lock or not. No one shall cause any movement of any ves- lock. If, after the arrival of such craft, no separate or sel, boat, or other floating thing in the lock or ap- combined lockage can be accomplished within a rea- proaches except by or under the direction of the sonable time, not to exceed the time required for three lockmaster or his assistants. other lockages, then separate lockage shall be made. (3066) (b) Signals. Steamboats or tows desiring lockage in (3074) (f) Stations while waiting. Boats waiting their turn either direction shall give notice to the lock tenders, to enter the lock must lie at a sufficient distance from when not more than three-fourths mile from the lock, the lock and in such a position as to leave sufficient by one long blast of (10 seconds’ duration), followed by room for the passage of boats leaving the lock. one short blast (of three seconds’ duration), on a whis- (3075) (g) Unnecessary delay. (1) Boats must not cause tle or horn. When the lock is ready for entrance a green delay in entering or leaving the lock. Masters and pilots light will be shown from the river wall. An amber light will be held to a strict accountability in this matter, and will indicate that the lock is being made ready for en- those with tows must provide enough men to move trance. A red light will indicate that the approaching barges promptly. Boats failing to enter the lock with vessel must wait. Whenever local conditions make it reasonable promptness after being signaled will lose advisable the visual signals will be supplemented by their turn. sound signals as follows: (3076) (2) Tugboats arriving with their tows in a condition (3067) (1) One long blast of a horn to indicate that the ves- which will delay locking shall lose their turn if so or- sel must wait. dered by the lock tender. Leaking boats may be ex- (3068) (2) One short blast of a horn to indicate that the cluded until put in shape to be passed through safely. lock is being made ready for entrance. (3077) (h) Mooring. Boats in the lock or waiting in the en- (3069) (3) Two short blasts of a horn to indicate permis- trance shall be moored where directed by the lock ten- sion to enter the lock. der, by bow, stern, and spring lines, to the snubbing (3070) (4) Four short and rapid blasts to attract attention, posts or line hooks. Tying boats to the lock ladders is indicate caution, and signal danger. strictly prohibited. (3071) (c) Draft of boats. Deep-draft boats must clear the (3078) (i) Protection of lock gates. Boats will not be per- miter sills by at least 3 inches. Boats drawing too much mitted to enter or leave the lock until the lock gates are water will not be allowed to lighter cargo in the en- at rest in the gate recesses and the lock tender has di- trances. rected the boat to start. (3072) (d) Precedence at the lock. The vessel arriving first (3079) (j) Damage to walls, etc. All craft passing through at the lock shall be first to lock through; but precedence the lock must be free from projections or sharp corners shall be given to vessels belonging to the United States which might scar the walls or injure other parts. and to commercial vessels in the order named. Arrival Steamboats must be provided with suitable fenders, posts or markers may be established ashore above or etc. One man shall be kept at the head of every tow till it below the lock. Vessels arriving at or opposite such has cleared the lock and guide walls, and shall use the posts or markers will be considered as having arrived at fender to prevent scarring the walls. the lock within the meaning of this paragraph. If the (3080) (k) Handling machinery. None but employees of traffic is crowded in both directions; up and down the United States will be allowed to move any valve, lockages will usually be made alternately, but the lock gate, or other machinery belonging to the lock. tender may permit two or more lockages to be made at (3081) (l) Refuse in lock. Throwing ashes, refuse, or other one time in the same direction when this will not cause obstruction in the entrances or in the lock, or on the unreasonable delay. In case two or more boats or tows walls thereof, and passing coal from flats or barges to a are to enter for the same lockage, they shall enter as di- steamboat while in the lock is prohibited. rected by the lock tender. No boat shall run ahead of an- (3082) (m) [Reserved] other while in the lock. The boat that enters first shall (3083) (n) Trespass on United States property. Trespass on leave first. United States property, or willful injury to the banks, (3073) (e) Lockage of pleasure boats. The lockage of plea- masonry, fences, trees, houses, machinery, or other sure boats, house boats or like craft shall be expedited property of the United States at or near the lock is by locking them through with commercial craft (other strictly prohibited. than barges carrying gasoline or highly hazardous ma- (3084) (o) Penalties. In addition to the penalties pre- terials) in order to utilize the capacity of the lock to its scribed by law, boats which fail to comply with the reg- maximum. Lockage of pleasure craft may be made with ulations in this section will thereafter be refused commercial craft carrying petroleum products other lockage until assurances have been received, satisfac- than gasoline provided a clear distance of at least 100 tory to the District Engineer, Corps of Engineers, New
Navigation Regulations ■ Chapter 2 ■ 155 York, New York, that the regulations will be complied movements on an affreightment basis are not consid- with. ered a lease or charter of a particular vessel. (3097) (4) Person or entity means an individual, corpora- §207.60 Federal Dam, Hudson River, Troy, N.Y.; tion, partnership, or company. pool level. (3098) (5) Timely means vessel and commodity movement (3085) (a) Whenever the elevation of the pool created by data must be received by the Waterborne Commerce the Federal dam at Troy, N.Y., shall fall to a point level Statistics Center within 30 days after the close of the with the crest of the main spillway, the elevation of month in which the vessel movement or nonmove- which is 14.33 feet mean sea level, the operation of the ment takes place. power plant shall cease and further operation thereof (3099) (6) Commercial vessel means a vessel used in shall be suspended until such time as the water level transporting by water, either merchandise or passen- rises to or above 14.43 feet mean sea level. gers for compensation or hire, or in the course of busi- (3086) (b) Flashboards may be maintained on the section ness of the owner, lessee, or operator of the vessel. of the spillway of the dam having an elevation of 14.33 (3100) (7) Reporting situation means a vessel movement feet mean sea level in order to increase the elevation of by an operator that is required to be reported. Typical this section to an elevation equal to that of the auxiliary examples are listed in the instructions on the various spillway, or 16.33 feet mean sea level: Provided, That ENG Forms. Five typical movements that are required the flashboards are so erected as to drop automatically to be reported by vessel operating companies include when the pool level rises to an elevation of 18.5 feet the following examples: Company A is the barge owner, mean sea level, and conform in other respects to the and the barge transports corn from Minneapolis, MN to plans attached thereto. New Orleans, LA, with fleeting at Cairo, IL. (3087) (c) The tide staff to be used in determining the ele- (3101) (i) Lease/Charter: If Company A leases or charters vation of the pool shall be the ceramic tide staff now lo- the barge to Company B, then Company B is responsi- cated on the westerly face of the east lock wall north of ble for reporting the movements of the barge until the the northerly gates, the zero of which is set 2 feet below lease/charter expires. mean sea level. (3102) (ii) Interline Movement: A barge is towed from (3088) (d) The regulations of the pool level and the main- Minneapolis to Cairo by Company A, and from Cairo to tenance of flashboards shall be subject to the supervi- New Orleans by Company B. Since Company A is the sion and approval of the District Engineer, New York barge owner, and the barge is not leased. Company A re- City. ports the entire movement of the barge with an origin of Minneapolis and a destination of New Orleans. §207.800 Collection of navigation statistics. (3103) (iii) Vessel Swap/Trade: Company A swaps barge (3089) (a) Definitions. For the purpose of this regulation with Company B to allow Company B to meet a delivery commitment to New Orleans. Since Company A has the following terms are defined: not leased/chartered the barge, Company A is responsi- (3090) (1) Navigable waters of the United States means ble for filing the report. Company B is responsible for filing the report on the barge which is traded to Com- those waters of the United States that are subject to the pany A. The swap or trade will not affect the primary ebb and flow of the tide shoreward to the mean high responsibility for reporting the individual vessel move- water mark, and/or are presently used, or have been ments. used in the past, or may be susceptible to use to trans- (3104) (iv) Re-Consignment: Barge is reconsigned to Mo- port interstate or foreign commerce. (See 33 CFR part bile, AL. Company A reports the movements as origi- 329 for a more complete definition of this term.) nating in Minneapolis and terminating in Mobile. The (3091) (2) Offenses and Violations mean: point from which barge is reconsigned is not reported, (3092) (i) Failure to submit a required report. only points of loading and unloading. (3093) (ii) Failure to provide a timely, accurate, and com- (3105) (v) Fleeting: Barge is deposited at a New Orleans plete report. fleeting area by Company A and towed by Company B (3094) (iii) Failure to submit monthly listings of idle ves- from fleeting area to New Orleans area dock for unload- sels or vessels in transit. ing. Company A, as barge owner, reports entire move- (3095) (iv) Failure to submit a report required by the ments from Minneapolis to the dock in New Orleans. lockmaster or canal operator. Company B does not report any barge movement. (3096) (3) Leased or chartered vessel means a vessel that (3106) (b) Implementation of the waterborne commerce is leased or chartered when the owner relinquishes con- statistics provisions of the River and Harbor Act of 1922, trol of the vessel through a contractual agreement with a second party for a specified period of time and/or for a specified remuneration from the lessee. Commercial
156 ■ Chapter 2 ■ Volume 2 as amended by the Water Resources Development Act of month. Vessels that did not complete a move during 1986 (Pub. L. 99-662), mandates the following. the month shall be reported as idle or in transit. (3107) (1) Filing Requirements. Except as provided in (3121) (E) The vessel operating company may request a paragraph (b)(2) of this section, the person or entity re- waiver from the Army Corps of Engineers, and upon ceiving remuneration for the movement of vessels or written approval by the Waterborne Commerce Center, for the transportation of goods or passengers on the the company may be allowed to provide the requisite navigable waters is responsible for assuring that the ac- information of the above paragraph (D), on computer tivity report of commercial vessels is timely filed. printouts, magnetic tape, diskettes, or alternate me- (3108) (i) For vessels under lease/charter agreements, the dium approved by the Center. lessee or charterer of any commercial vessel engaged in (3122) (F) Harbor Maintenance Tax information is re- commercial transportation will be responsible for the quired on ENG Form 3925 for cargo movements into or filing of said reports until the lease/charter expires. out of ports that are subject to the provisions of section (3109) (ii) The vessel owner, or his designated agent, is al- 1402 of the Water Resources Development Act of 1986 ways the responsible party for ensuring that all com- (Pub. L. 99-662). mercial activity of the vessel is timely reported. (3123) (1) The name of the shipper of the commodity, and (3110) (2) The following Vessel Information Reports are to the shipper’s Internal Revenue Service number or So- be filed with the Army Corps of Engineers, at the ad- cial Security number, must be reported on the form. dress specified on the ENG Form, and are to include: (3124) (2) If a specific exemption applies to the shipper, (3111) (i) Monthly Reports. These reports shall be made the shipper should list the appropriate exemption code. on ENG Forms furnished upon written request of the The specific exemption codes are listed in the direc- vessel operating companies to the Army Corps of Engi- tions for ENG Form 3925. neers. The forms are available at the following address: (3125) (3) Refer to 19 CFR part 24 for detailed information U.S. Army Corps of Engineers, Waterborne Commerce on exemptions and ports subject to the Harbor Mainte- Statistics Center, Post Office Box 61280, New Orleans, nance Tax. LA 70161-1280. (3126) (ii) Annual Reports. Annually an inventory of ves- (3112) (A) All movements of domestic waterborne com- sels available for commercial carriage of domestic mercial vessels shall be reported, including but not commerce and vessel characteristics must be filed on limited to: Dry cargo ship and tanker moves, loaded and ENG Forms 3931 and 3932. empty barge moves, towboat moves, with or without (3127) (iii) Transaction Reports. The sale, charter, or lease barges in tow, fishing vessels, movements of crew boats of vessels to other companies must also be reported to and supply boats to offshore locations, tugboat moves assure that proper decisions are made regarding each and movements of newly constructed vessels from the company’s duty for reporting vessel movements during shipyard to the point of delivery. the year. In the absence of notification of the transac- (3113) (B) Vessels idle during the month must also be re- tion, the former company of record remains responsi- ported. ble until proper notice is received by the Corps. (3114) (C) Notwithstanding the above requirements, the (3128) (iv) Reports to Lockmasters and Canal Operators. following waterborne vessel movements need not be Masters of self-propelled non-recreational vessels reported: which pass through locks and canals operated by the (3115) (1) Movements of recreational vessels. Army Corps of Engineers will provide the data specified (3116) (2) Movements of fire, police, and patrol vessels. on ENG Forms 3102b, 3102c, and/or 3102d to the (3117) (3) Movements of vessels exclusively engaged in lockmaster, canal operator, or his designated represen- construction (e.g., piledrivers and crane barges). Note: tative in the manner and detail dictated. however, that movements of supplies, materials, and (3129) (c) Penalties for Noncompliance. The following crews to or from the construction site must be timely penalties for noncompliance can be assessed for of- reported. fenses and violations. (3118) (4) Movements of dredges to or from the dredging (3130) (1) Criminal Penalties. Every person or persons vi- site. However, vessel movements of dredged material olating the provisions of this regulation shall, for each from the dredging site to the disposal site must be re- and every offense, be liable to a fine of not more than ported. $5,000, or imprisonment not exceeding two months, to (3119) (5) Specific movements granted exemption in writ- be enforced in any district court in the United States ing by the Waterborne Commerce Statistics Center. within whose territorial jurisdiction such offense may (3120) (D) ENG Forms 3925 and 3925b shall be completed have been committed. and filed by vessel operating companies each month for (3131) (2) Civil Penalties. In addition, any person or entity all voyages or vessel movements completed during the that fails to provide timely, accurate, and complete
Navigation Regulations ■ Chapter 2 ■ 157 statements or reports required to be submitted by this (3146) (ii) Initiation. The Chief of the Waterborne Com- regulation may also be assessed a civil penalty of up to merce Statistics Center will prepare and process a pro- $2,500 per violation under 33 U.S.C. 555, as amended. posed civil penalty order which shall state the amount (3132) (3) Denial of Passage. In addition to these fines, of the penalty to be assessed, describe by reasonable penalties, and imprisonments, the lockmaster or canal specificity the nature of the violation, and indicate the operator can refuse to allow vessel passage. applicable provisions of 33 CFR part 326. (3133) (d) Enforcement Policy. Every means at the dis- posal of the Army Corps of Engineers will be utilized to (3147) (iii) Hearing Requests. Recipients of a proposed monitor and enforce these regulations. civil penalty order may file a written request for a hear- (3134) (1) To identify vessel operating companies that ing or other proceeding. This request shall be as speci- should be reporting waterborne commerce data, The fied in 33 CFR part 326 and shall be addressed to the Corps will make use of, but is not limited to, the follow- Director of the Water Resources Support Center, Casey ing sources. Building, Fort Belvoir, VA 22060-5586, who will pro- (3135) (i) Data on purchase and sale of vessels. vide the requesting person or entity with a reasonable (3136) (ii) U.S. Coast Guard vessel documentation and re- opportunity to present evidence regarding the issu- ports. ance, modification, or revocation of the proposed order. (3137) (iii) Data collected at Locks, Canals, and other facil- Thereafter, the Director of the Water Resources Center ities operated by the Corps. shall issue a final order. (3138) (iv) Data provided by terminals on ENG Form 3926. (3139) (v) Data provided by the other Federal agencies in- (3148) (4) Additional Remedies. Appropriate cases may cluding the Internal Revenue Service, Customs Ser- also be referred to the local U.S. Attorney for prosecu- vice, Maritime Administration, Department of tion, penalty collection, injunctive, and other relief by Transportation, and Department of Commerce. the Chief of the Waterborne Commerce Statistics Cen- (3140) (vi) Data provided by ports, local facilities, and ter. State or local governments. (3141) (vii) Data from trade journals and publications. Part 334–Danger Zones and Restricted Area (3142) (viii) Site visits and inspections. Regulations (3143) (2) Notice of Violation. Once a reporting violation is determined to have occurred, the Chief of the §334.1 Purpose. Waterborne Commerce Statistics Center will notify the (3149) The purpose of this part is to: responsible party and allow 30 days for the reports to be (3150) (a) Prescribe procedures for establishing, amend- filed after the fact. If the reports are not filed within this 30-day notice period, then appropriate civil or criminal ing and disestablishing danger zones and restricted actions will be undertaken by the Army Corps of Engi- areas; neers, including the proposal of civil or criminal penal- (3151) (b) List the specific danger zones and restricted ar- ties for noncompliance. Typical cases for criminal or eas and their boundaries; and civil action include, but are not limited to, those viola- (3152) (c) Prescribe specific requirements, access limita- tions which are willful, repeated, or have a substantial tions and controlled activities within the danger zones impact in the opinion of the Chief of the Waterborne and restricted areas. Commerce Statistics Center. (3144) (3) Administrative Assessment of Civil Penalties. §334.2 Definitions. Civil penalties may be assessed in the following man- (3153) (a) Danger zone. A defined water area (or areas) ner. (3145) (i) Authorization. If the Chief of the Waterborne used for target practice, bombing, rocket firing or Commerce Statistics Center finds that a person or en- other especially hazardous operations, normally for the tity has failed to comply with any of the provisions armed forces. The danger zones may be closed to the specified herein, he is authorized to assess a civil pen- public on a full-time or intermittent basis, as stated in alty in accordance with the Class I penalty provisions of the regulations. 33 CFR part 326. Provided, however, that the proce- (3154) (b) Restricted area. A defined water area for the dures in 33 CFR part 326 specifically implementing the purpose of prohibiting or limiting public access to the Clean Water Act (33 U.S.C. 1319(g)(4)), public notice, area. Restricted areas generally provide security for comment period, and state coordination, shall not ap- Government property and/or protection to the public ply. from the risks of damage or injury arising from the Government’s use of that area.
158 ■ Chapter 2 ■ Volume 2 §334.3 Special policies. (3161) (3) Name of closest city or town, county/parish and (3155) (a) General. The general regulatory policies stated state. in 33 CFR part 320 will be followed as appropriate. In (3162) (4) Location of proposed or existing danger zone or addition, danger zone and restricted area regulations restricted area with a map showing the location, if pos- shall provide for public access to the area to the maxi- sible. mum extent practicable. (3156) (b) Food fishing industry. The authority to pre- (3163) (5) A brief statement of the need for the area, its in- scribe danger zone and restricted area regulations tended use and detailed description of the times, dates must be exercised so as not to unreasonably interfere and extent of restriction. with or restrict the food fishing industry. Whenever the proposed establishment of a danger zone or restricted (3164) (b) Public notice. (1) The Corps will normally pub- area may affect fishing operations, the District Engi- lish public notices and Federal Register documents neer will consult with the Regional Director, U.S. Fish concurrently. Upon receipt of a request for the estab- and Wildlife Service, Department of the Interior and lishment, amendment or revocation of a danger zone the Regional Director, National Marine Fisheries Ser- or restricted area, the District Engineer should forward vice, National Oceanic & Atmospheric Administration a copy of the request with his/her recommendation, a (NOAA). copy of the draft public notice and a draft Federal Reg- (3157) (c) Temporary, occasional or intermittent use. If ister document to the Office of the Chief of Engineers, the use of the water area is desired for a short period of ATTN: CECW-OR. The Chief of Engineers will publish time, not to exceed thirty days in duration, and that the proposal in the Federal Register concurrent with planned operations can be conducted safely without the public notice issued by the District Engineer. imposing unreasonable restrictions on navigation, and without promulgating restricted area regulations in (3165) (2) Content. The public notice and Federal Regis- accordance with the regulations in this section, appli- ter documents must include sufficient information to cants may be informed that formal regulations are not give a clear understanding of the proposed action and required. Activities of this type shall not reoccur more should include the following items of information: often than biennially (every other year), unless danger zone/restricted area rules are promulgated under this (3166) (i) Applicable statutory authority or authorities; Part. Proper notices for mariners requesting that ves- (40 Stat. 266; 33 U.S.C. 1) and (40 Stat. 892; 33 U.S.C. sels avoid the area will be issued by the Agency request- 3). ing such use of the water area, or if appropriate, by the District Engineer, to all known interested persons. (3167) (ii) A reasonable comment period. The public no- Copies will also be sent to appropriate State agencies, tice should fix a limiting date within which comments the Commandant, U.S. Coast Guard, Washington, DC will be received, normally a period not less than 30 days 20590, and Director, National Geospatial-Intelligence after publication of the notice. Agency, Hydrographic Center, Washington, DC 20390, ATTN: Code NS 12. Notification to all parties and Agen- (3168) (iii) The address of the District Engineer as the re- cies shall be made at least two weeks prior to the cipient of any comments received. planned event, or earlier, if required for distribution of Local Notice to Mariners by the Coast Guard. (3169) (iv) The identity of the applicant/proponent; (3170) (v) The name or title, address and telephone num- §334.4 Establishment and amendment procedures. (3158) (a) Application. Any request for the establishment, ber of the Corps employee from whom additional infor- mation concerning the proposal may be obtained; amendment or revocation of a danger zone or re- (3171) (vi) The location of the proposed activity accompa- stricted area must contain sufficient information for nied by a map of sufficient detail to show the bound- the District Engineer to issue a public notice, and as a aries of the area(s) and its relationship to the minimum must contain the following: surrounding area. (3159) (1) Name, address and telephone number of re- (3172) (3) Distribution. Public notice will be distributed questor including the identity of the command and in accordance with 33 CFR 325.3(d)(1). In addition to DoD facility and the identity of a point of contact with this general distribution, public notices will be sent to phone number. the following Agencies: (3160) (2) Name of waterway and if a small tributary, the (3173) (i) The Federal Aviation Administration (FAA) name of a larger connecting waterbody. where the use of airspace is involved. (3174) (ii) The Commander, Service Force, U.S. Atlantic Fleet, if a proposed action involves a danger zone off the U.S. Atlantic coast. (3175) (iii) Proposed danger zones on the U.S. Pacific coast must be coordinated with the applicable com- mands as follows: (3176) Alaska, Oregon and Washington: (3177) Commander, Naval Base, Seattle
Navigation Regulations ■ Chapter 2 ■ 159 (3178) California: through channels to CECW-OR, with its (3179) Commander, Naval Base, San Diego recommendations. Notice of proposed rulemaking and (3180) Hawaii and Trust Territories: public procedures as outlined in §334.4 are not nor- (3181) Commander, Naval Base, Pearl Harbor mally required before publication of the final rule re- (3182) (c) Public hearing. The District Engineer may con- voking a restricted area or danger zone regulation. The disestablishment/revocation of the danger zone or re- duct a public hearing in accordance with 33 CFR part stricted area regulation removes a restriction on a wa- 327. terway. (3183) (d) Environmental documentation. The District Engineer shall prepare environmental documentation §334.6 Datum. in accordance with appendix B to 33 CFR part 325. (3188) (a) Geographic coordinates expressed in terms of (3184) (e) District Engineer’s recommendation. After clo- sure of the comment period, and upon completion of latitude or longitude, or both, are not intended for plot- the District Engineer’s review he/she shall forward the ting on maps or charts whose reference horizontal da- case through channels to the Office of the Chief of En- tum is the North American Datum of 1983 (NAD 83), gineers, ATTN: CECW-OR with a recommendation of unless such geographic coordinates are expressly la- whether or not the danger zone or restricted area regu- beled NAD 83. Geographic coordinates without the lation should be promulgated. The District Engineer NAD 83 reference may be plotted on maps or charts ref- shall include a copy of environmental documentation erenced to NAD 83 only after application of the appro- prepared in accordance with appendix B to 33 CFR part priate corrections that are published on the particular 325, the record of any public hearings, if held, a sum- map or chart being used. mary of any comments received and a response thereto, (3189) (b) For further information on NAD 83 and Na- and a draft of the regulation as it is to appear in the Fed- tional Service nautical charts please contact; Director, eral Register. Coast Survey (N/CG2), National Ocean Service, NOAA, (3185) (f) Final decision. The Chief of Engineers will no- 1315 East-West Highway, Station 6147, Silver Spring, tify the District Engineer of the final decision to either MD 20910-3282. approve or disapprove the regulations. The District En- gineer will notify the applicant/proponent and publish §334.60 Cape Cod Bay south of Wellfleet Harbor, a public notice of the final decision. Concurrent with Mass.; naval aircraft bombing target area. issuance of the public notice the Office of the Chief of (3190) (a) The danger zone. A circular area with a radius of Engineers will publish the final decision in the Federal 1,000 yards having its center on the aircraft bombing Register and either withdraw the proposed regulation target hulk James Longstreet in Cape Cod Bay at lati- or issue the final regulation as appropriate. The final tude 41°49'46\", longitude 70°02'54\". rule shall become effective no sooner than 30 days after (3191) (b) The regulations. (1) No vessel shall enter or re- publication in the Federal Register unless the Chief of main in the danger zone at any time, except as autho- Engineers finds that sufficient cause exists and pub- rized by the enforcing agency. lishes that rationale with the regulations. (3192) (2) This section shall be enforced by the Comman- dant, First Naval District, and such agencies as he may §334.5 Disestablishment of a danger zone. designate. (3186) (a) Upon receipt of a request from any agency for §334.70 Buzzards Bay, and adjacent waters, Mass.; the disestablishment of a danger zone, the District En- danger zones for naval operations. gineer shall notify that agency of its responsibility for (3193) (a) Atlantic Ocean in vicinity of Nomans Land– returning the area to a condition suitable for use by the (3194) (1) The area. The waters surrounding Nomans public. The agency must either certify that it has not Land within an area bounded as follows: Beginning at used the area for a purpose that requires cleanup or (3195) 41°12'30\", 70°50'30\"; thence northwesterly to that it has removed all hazardous materials and muni- (3196) 41°15'30\", 70°51'30\"; thence northeasterly to tions, before the Corps will disestablish the area. The (3197) 41°17'30\", 70°50'30\"; thence southeasterly to agency will remain responsible for the enforcement of (3198) 41°16'00\", 70°47'30\"; thence south to the danger zone regulations to prevent unauthorized (3199) 41°12'30\", 70°47'30\"; thence westerly to the point entry into the area until the area is deemed safe for use of beginning. by the public and the area is disestablished by the (3200) (2) The regulations. No vessel or person shall at Corps. any time enter or remain within a rectangular portion (3187) (b) Upon receipt of the certification required in of the area bounded on the north by latitude 41°16'00\", paragraph (a) of this section, the District shall forward on the east by longitude 70°47'30\", on the south by the request for disestablishment of the danger zone
160 ■ Chapter 2 ■ Volume 2 latitude 41°12'30\", and on the west by longitude (3227) (1) Vessels and other watercraft within the desig- 70°50'30\", or within the remainder of the area between nated navigation channel may proceed through the re- November 1 and April 30, inclusive, except by permis- stricted area at normal operating speeds without sion of the enforcing agency. stopping. Vessels and watercraft may also utilize the (3201) (3) The regulations in this paragraph shall be en- water area within the restricted area located between forced by the Commandant, First Naval District, and the western edge of the designated channel and the west- such agencies as he may designate. ern shore for fishing, anchoring and other recreational uses. However, all persons, vessels and watercraft, ex- §334.75 Thames River, Naval Submarine Base New cept U.S. military personnel and vessels must leave the London, Restricted Area. restricted area when notified by personnel of the New (3202) (a) The area: The open waters of the Thames River London Submarine Base that such use will interfere approximately 5 nautical miles upriver from its mouth with submarine maneuvering, operations or security. along the boundary between Groton and Waterford, Connecticut, within an area bounded as follows: (3228) (2) Commercial fishermen and shell fishermen (3203) From a point on the eastern shore at may fish within the restricted area provided their ves- (3204) 41°24'14.4\"N., 72°05'38.0\"W., then northerly along sels display registration numbers issued by the Naval the coast to Submarine Base, New London, Connecticut. The regis- (3205) 41°24'20.0\"N., 72°05'37.9\"W., then westerly across tration numbers may be obtained by contacting the the river to a point on the western shore at Commanding Officer, Naval Submarine Base New Lon- (3206) 41°24'20.0\"N., 72°05'55.5\"W., then southerly along don. All commercial fishermen and shell fishermen the coast to a point on the western shore at must also leave the restricted area when notified by (3207) 41°24'05.0\"N., 72°05'55.7\"W., then easterly to the personnel of the New London Submarine Base that western edge of the dredged channel to a point located at such use will interfere with submarine maneuvering, (3208) 41°24'04.1\"N., 72°05'51.2\"W., then southerly along operations or security. the western edge of the dredged channel to a point at (3209) 41°24'00\"N., 72°05'52.6\"W., then southerly along (3229) (3) Vessels which are owned, operated or sponsored the western edge of the dredged channel to a point lo- by local, state municipalities or academic institutions cated at preparing for or participating in a water sport or water (3210) 41°23'57.1\"N., 72°05'52.5\"W., then southerly to related recreational event sponsored by those local or buoy “11” located at a point at state municipalities or academic institutions, or pri- (3211) 41°23'45.6\"N., 72°05'53.7\"W., then southerly to vate or commercial vessels engaged in observing the buoy “B” on the northeastern shore of Mamacoke Hill conduct of the above event shall be exempt from the re- to a point at strictions above, providing: (3212) 41°23'33.8\"N., 72°05'53.7\"W., then southerly along the shore to buoy “A” at (3230) (i) The Commanding Officer, Naval Submarine (3213) 41°23'25.0\"N., 72°05'45.4\"W., then southeasterly Base New London, and the Coast Guard Captain of the to buoy “9” at a point located at Port are advised in writing at least 48 hours in advance (3214) 41°23'15.0\"N., 72°05'35.0\"W., then easterly to a of the event, or point on the eastern shore at (3215) 41°23'15.0\"N., 72°05'17.9\"W., then northerly along (3231) (ii) The event was publicized in such a manner that the shore to a point on the eastern shore at the local public in general had a reasonable opportu- (3216) 41°23'15.8\"N., 72°05'17.9\"W., then along the fol- nity to learn of the event 48 hours in advance. lowing points: (3217) 41°23'15.8\"N., 72°05'22.0\"W. (3232) (4) The regulations in this section shall be enforced (3218) 41°23'25.9\"N., 72°05'29.9\"W. by the Commander, U.S. Naval Submarine Base New (3219) 41°23'33.8\"N., 72°05'34.7\"W. London, Connecticut, and such agencies as he/she may (3220) 41°23'37.0\"N., 72°05'38.0\"W. designate. (3221) 41°23'41.0\"N., 72°05'40.3\"W. (3222) 41°23'47.2\"N., 72°05'42.3\"W. §334.78 Rhode Island Sound, Atlantic Ocean, (3223) 41°23'53.8\"N., 72°05'43.7\"W. approximately 4.0 nautical miles due south of (3224) 41°23'59.8\"N., 72°05'43.0\"W. Lands End in Newport, Rhode Island; restricted (3225) 41°24'12.4\"N., 72°05'43.2\"W. Then to the point of area for naval practice minefield. beginning on the eastern shore. (3233) (a) The area. The open waters of Rhode Island (3226) (b) The regulations. Sound approximately 4.0 nautical miles due south of Lands End, Newport, Rhode Island, within an area bounded as follows: Beginning at (3234) 41°20'29\"N., 71°19'54\"W.; thence 2000 yards east- erly to
Navigation Regulations ■ Chapter 2 ■ 161 (3235) 41°20'29\"N., 71°18'34\"W.; thence 3000 yards south- tow a drag of any kind in the prohibited area because of erly to the extensive cable system located therein. (3257) (2) Orders and instructions issued by patrol craft or (3236) 41°18'57\"N., 71°18'34\"W.; thence 2000 yards west- other authorized representatives of the enforcing erly to agency shall be carried out promptly by persons or ves- sels in or in the vicinity of the prohibited area. (3237) 41°18'57\"N., 71°19'54\"W.; thence 3000 yards north- (3258) (3) The regulations in this section shall be enforced erly to the point of beginning. by the Commander U.S. Naval Base, Newport, R.I., and such agencies as he may designate. (3238) (b) The regulations. (1) No persons, vessels or other watercraft will be allowed to enter the designated §334.81 Narragansett Bay, East Passage, area during minefield training. Coddington Cove, Naval Station Newport, Naval Restricted Area, Newport, Rhode Island. (3239) (2) The practice minefield will consist of six inert (3259) (a) The area. All of the navigable waters of drill mines each 16 inches in diameter and 5 feet long Coddington Cove east of a line that connects and one concrete sonar target 48 inches in diameter Coddington Point at 41°31'24.0\"N., 71°19'24.0\"W.; and 48 inches high located within the designated area. with the outer end of the Coddington Cove breakwater The sonar target will be permanently located in the ex- on the north side of the cove at 41°31'55.7\"N., treme northeast corner within the designated drill 71°19'28.2\"W. minefield area. The six drill mines will be steel with all (3260) (b) The regulation. All persons, swimmers, vessels internal mechanisms and explosives removed and con- and other craft, except those vessels under the supervi- crete filled. Drill mines will be removed from the desig- sion or contract to local military or Naval authority, nated area within 72 hours after each minehunting vessels of the United States Coast Guard, and local or training exercise. state law enforcement vessels, are prohibited from en- tering the restricted area without specific permission (3240) (3) Training activities will be limited to minehunt- from the Commanding Officer, Naval Station Newport, ing operations using only onboard sonar. Neither vari- USN, Newport, Rhode Island or his/her authorized rep- able depth sonar devices or mechanical minesweeping resentative. operations will be utilized in the area. (3261) (c) Enforcement. The regulation in this section, promulgated by the United States Army Corps of Engi- (3241) (4) Training periods will be 2-3 days in length and neers, shall be enforced by the United States Navy, 10-15 times a year, however during the time period July Commanding Officer Naval Station Newport, and/or 1–mid-October, minehunting exercises will be held to such agencies or persons as he/she may designate. minimum. §334.82 Narragansett Bay, East Passage, Coasters (3242) (5) Notice to mariners will be issued 6–8 weeks in Harbor Island, Naval Station Newport, Newport, advance of a scheduled practice exercise by the Com- Rhode Island, Restricted Area. mander, U.S. Naval Base, Newport, Rhode Island. (3262) (a) The area. The waters within a \"C-shaped\" area adjacent to and surrounding Coasters Harbor Island (3243) (6) The regulations of this section shall be enforced beginning at Coddington Point at by the Commander, U.S. Naval Base, Newport, Rhode (3263) 41°31'24.0\"N., 71°19'24.0\"W.; thence to Island, and such agencies as he/she may designate. (3264) 41°31'21.5\"N., 71°19'45.0\"W.; thence to (3265) 41°31'04.2\"N., 71°19'52.8\"W.; thence to §334.80 Narragansett Bay, R.I.; restricted area. (3266) 41°30'27.3\"N., 71°19'52.8\"W.; thence to (3244) (a) Beginning at a point on the east shore of (3267) 41°30'13.8\"N., 71°19'42.0\"W.; thence to (3268) 41°30'10.2\"N., 71°19'32.6\"W.; thence to Conanicut Island at (3269) 41°30'10.2\"N., 71°19'20.0\"W.; thence northerly along (3245) 41°33'15\"; thence southeasterly to the mainland shoreline to the point of origin. (3246) 41°32'44\", 71°21'17\"; thence southerly to (3270) (b) The regulation. All persons, swimmers, vessels (3247) 41°32'09\", 71°21'17\"; thence southeasterly to and other craft, except those vessels under the supervi- (3248) 41°31'50\", 71°21'10\"; thence southeasterly to sion or contract to local military or Naval authority, (3249) 41°31'26\", 71°20'33\"; thence easterly to vessels of the United States Coast Guard, and Federal, (3250) 41°31'27\", 71°20'06\"; thence northerly to a point local or State law enforcement vessels, are prohibited from entering the restricted areas without permission on the southwesterly shore of Prudence Island at (3251) 41°35'00\"; thence northerly along the southwest- erly shore of Prudence Island to a point at (3252) 41°35'43\", 71°20'15.5\"; thence northwesterly to (3253) 41°37'21\", 71°20'48\"; thence west to (3254) 41°37'21\", 71°21'48\"; and thence south to (3255) 41°33'54\", 71°21'48\". (3256) (b) The regulations: (1) No person or vessel shall at any time, under any circumstances, anchor or fish or
162 ■ Chapter 2 ■ Volume 2 from the Commanding Officer Naval Station Newport, (3288) 40°27'41.7\"N., 074°02'45.0\"W.; thence to USN, Newport, Rhode Island or his/her authorized (3289) 40°28'23.5\"N., 074°02'16.6\"W.; thence to representative. (3290) 40°28'21.2\"N., 074°01'56.0\"W.; thence to (3271) (c) Enforcement. (1) The regulation in this section, (3291) 40°28'07.9\"N., 074°02'18.6\"W.; thence to promulgated by the United States Army Corps of Engi- (3292) 40°27'39.3\"N., 074°02'38.3\"W.; thence to neers, shall be enforced by the United States Navy, (3293) 40°27'28.5\"N., 074°02'10.4\"W.; thence to Commanding Officer Naval Station Newport, Newport, (3294) 40°26'29.5\"N., 074°02'51.2\"W.; thence to Rhode Island and/or other persons or agencies as (3295) 40°26'31.4\"N., 074°02'55.4\"W.; thence to he/she may designate. (3296) 40°25'27.1\"N., 074°03'39.7\"W.; and thence along §334.85 New York Harbor, adjacent to the the shoreline to the point of origin (NAD 83). Stapleton Naval Station, Staten Island, New York; (3297) The Department of the Navy plans to install buoys restricted area. (3272) (a) The area. The waters of New York Harbor begin- along these coordinates to outline the Restricted Area. ning at a point on shore at (3298) (b) The regulation. (1) Except as set forth in sub- (3273) 40°38'02\"N., 074°04'24\"W.; thence easterly to (3274) 40°38'02.5\"N., 074°04'09\"W.; thence southerly to paragraph (b)(2), no persons, unauthorized vessels or (3275) 40°37'53\"N., 074°04'07\"W.; thence east-southeast- other unauthorized craft may enter the restricted area erly to at any time; (3276) 40°37'50\"N., 074°03'50.2\"W.; thence south-south- (3299) (2) Vessels are authorized to cross the Terminal easterly to Channel provided that there are no naval vessels then (3277) 40°37'37.5\"N., 074°03'46\"W.; thence southwesterly transiting the channel bounded by: to the shore line at (3300) 40°27'41.7\"N., 074°02'45.0\"W.; thence to (3278) 40°37'24.5\"N., 074°04'18\"W.; thence northerly (3301) 40°28'23.5\"N., 074°02'16.6\"W.; thence to along the shore line to the point of origin. (3302) 40°28'21.2\"N., 074°01'56.0\"W.; thence to (3279) (b) The regulations. (1) The portion of the re- (3303) 40°28'07.9\"N., 074°02'18.6\"W.; thence to stricted area extending from the shore out to a line 600 (3304) 40°27'39.3\"N., 074°02'38.3\"W.; and feet east of the U.S. Pierhead Line is closed to all per- (3305) (3) No person may swim in the Restricted Area. sons and vessels except those vessels owned by, under (3306) (c) Enforcement. The regulation in this section, hire to or performing work for Naval Station New York, promulgated by the U.S. Army Corps of Engineers, Staten Island, New York. shall be enforced by the Commanding Officer, Naval (3280) (2) The portion of the restricted area beginning 600 Weapons Station Earle, and/or other persons or agen- feet seaward of the U.S. Pierhead Line is open to cies as he/she may designate. transiting vessels only. Vessels shall proceed across the area by the most direct route and without unnecessary TITLE 40–PROTECTION OF ENVIRONMENT delay. For vessels under sail, necessary tacking shall constitute a direct route. Part 140–Marine Sanitation Device Standard (3281) (3) Commercial vessels at anchor will be permitted to swing into the seaward portion of the restricted area §140.1 Definitions. while at anchor and during the tide changes. (3307) For the purpose of these standards the following (3282) (c) Enforcement. The regulations in this section shall be enforced by the Commanding Officer, Naval definitions shall apply: Station New York, and such agencies as he/she shall (3308) (a) Sewage means human body wastes and the designate. wastes from toilets and other receptacles intended to §334.102 Sandy Hook Bay, Naval Weapons Station receive or retain body wastes; EARLE, Piers and Terminal Channel, Restricted (3309) (b) Discharge includes, but is not limited to, any Area, Middletown, New Jersey. spilling, leaking, pumping, pouring, emitting, empty- (3283) (a) The area. All of the navigable waters within the ing, or dumping; area bounded by these coordinates: (3310) (c) Marine sanitation device includes any equip- (3284) 40°25'55.6\"N., 074°04'31.4\"W.; thence to ment for installation onboard a vessel and which is de- (3285) 40°26'54.0\"N., 074°03'53.0\"W.; thence to signed to receive, retain, treat, or discharge sewage and (3286) 40°26'58.0\"N., 074°04'03.0\"W.; thence to any process to treat such sewage; (3287) 40°27'56.0\"N., 074°03'24.0\"W.; thence to (3311) (d) Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on waters of the United States;
Navigation Regulations ■ Chapter 2 ■ 163 (3312) (e) New vessel refers to any vessel on which con- promulgation of implementing regulations by the Sec- struction was initiated on or after January 30, 1975; retary of Defense under section 312(d) of the Act). (3319) (c) Any vessel which is equipped as of the date of (3313) (f) Existing vessel refers to any vessel on which promulgation of this regulation with a Coast construction was initiated before January 30, 1975; Guard-certified flow-through marine sanitation device meeting the requirements of paragraph (a)(2) of this (3314) (g) Fecal coliform bacteria are those organisms as- section, shall not be required to comply with the provi- sociated with the intestines of warm-blooded animals sions designed to prevent the overboard discharge of that are commonly used to indicate the presence of fe- sewage, treated or untreated, in paragraph (a)(1) of this cal material and the potential presence of organisms section, for the operable life of that device. capable of causing human disease. (3320) (d) After January 30, 1980, subject to paragraphs (e) and (f) of this section, marine sanitation devices on §140.2 Scope of standard. all vessels on waters that are not subject to a prohibi- (3315) The standard adopted herein applies only to vessels tion of the overboard discharge of sewage, treated or untreated, as specified in paragraph (a)(1) of this sec- on which a marine sanitation device has been installed. tion, shall be designed and operated to either retain, The standard does not require the installation of a ma- dispose of, or discharge sewage, and shall be certified rine sanitation device on any vessel that is not so by the U.S. Coast Guard. If the device has a discharge, equipped. The standard applies to vessels owned and the effluent shall not have a fecal coliform bacterial operated by the United States unless the Secretary of count of greater than 200 per 100 milliliters, nor sus- Defense finds that compliance would not be in the in- pended solids greater than 150 mg/1. terest of national security. (3321) (e) Any existing vessel on waters not subject to a prohibition of the overboard discharge of sewage in §140.3 Standard. paragraph (a)(1) of this section, and which is equipped (3316) (a) (1) In freshwater lakes, freshwater reservoirs or with a certified device on or before January 30, 1978, shall not be required to comply with paragraph (d) of other freshwater impoundments whose inlets or out- this section, for the operable life of that device. lets are such as to prevent the ingress or egress by ves- (3322) (f) Any new vessel on waters not subject to the pro- sel traffic subject to this regulation, or in rivers not hibition of the overboard discharge of sewage in para- capable of navigation by interstate vessel traffic subject graph (a)(1) of this section, and on which construction to this regulation, marine sanitation devices certified is initiated before January 31, 1980, which is equipped by the U.S. Coast Guard (see 33 CFR part 159, pub- with a marine sanitation device before January 31, lished in 40 FR 4622, January 30, 1975), installed on all 1980, certified under paragraph (a)(2) of this section, vessels shall be designed and operated to prevent the shall not be required to comply with paragraph (d) of overboard discharge of sewage, treated or untreated, or this section, for the operable life of that device. of any waste derived from sewage. This shall not be con- (3323) (g) The degrees of treatment described in para- strued to prohibit the carriage of Coast Guard-certified graphs (a) and (d) of this section are ‘‘appropriate stan- flow-through treatment devices which have been se- dards\" for purposes of Coast Guard and Department of cured so as to prevent such discharges. Defense certification pursuant to section 312(g)(2) of (3317) (2) In all other waters, Coast Guard-certified ma- the Act. rine sanitation devices installed on all vessels shall be designed and operated to either retain, dispose of, or §140.4 Complete prohibition. discharge sewage. If the device has a discharge, subject (3324) (a) Prohibition pursuant to CWA section 312(f)(3): to paragraph (d) of this section, the effluent shall not have a fecal coliform bacterial count of greater than a State may completely prohibit the discharge from all 1,000 per 100 milliliters nor visible floating solids. Wa- vessels of any sewage, whether treated or not, into ters where a Coast Guard-certified marine sanitation some or all of the waters within such State by making a device permitting discharge is allowed include coastal written application to the Administrator, Environmen- waters and estuaries, the Great Lakes and inter-con- tal Protection Agency, and by receiving the Administra- nected waterways, fresh-water lakes and impound- tor's affirmative determination pursuant to section ments accessible through locks, and other flowing 312(f)(3) of the Act. [...] waters that are navigable interstate by vessels subject (3325) (b) Prohibition pursuant to CWA section to this regulation. 312(f)(4)(A): a State may make a written application to (3318) (b) This standard shall become effective on January the Administrator, Environmental Protection Agency, 30, 1977 for new vessels and on January 30, 1980 for ex- under section 312(f)(4)(A) of the Act, for the issuance of isting vessels (or, in the case of vessels owned and oper- ated by the Department of Defense, two years and five years, for new and existing vessels, respectively, after
164 ■ Chapter 2 ■ Volume 2 a regulation completely prohibiting discharge from a (3330) (iii) Include a map, either a USGS topographic vessel of any sewage, whether treated or not, into par- quadrant map or a NOAA nautical chart, as applicable, ticular waters of the United States or specified portions clearly marking by latitude and longitude the waters or thereof, which waters are located within the bound- portions thereof to be designated a drinking water in- aries of such State. Such application shall specify with take zone; and particularly the waters, or portions thereof, for which a complete prohibition is desired. The application shall (3331) (iv) Include a statement of basis justifying the size include identification of water recreational areas, of the requested drinking water intake zone, for exam- drinking water intakes, aquatic sanctuaries, identifi- ple, identifying areas of intensive boating activities. able fish-spawning and nursery areas, and areas of in- tensive boating activities. If, on the basis of the State's (3332) (2) If the Administrator finds that a complete pro- application and any other information available to him, hibition is appropriate under this paragraph, he or she the Administrator is unable to make a finding that the shall publish notice of such finding together with a no- waters listed in the application require a complete pro- tice of proposed rulemaking, and then shall proceed in hibition of any discharge in the waters or portions accordance with 5 U.S.C. 553. If the Administrator’s thereof covered by the application, he shall state the finding is that a complete prohibition covering a more reasons why he cannot make such a finding, and shall restricted or more expanded area than that applied for deny the application. If the Administrator makes a find- by the State is appropriate, he or she shall also include ing that the waters listed in the application require a a statement of the reasons why the finding differs in complete prohibition of any discharge in all or any part scope from that requested in the State’s application. of the waters or portions thereof covered by the State’s application, he shall publish notice of such findings to- (3333) (3) If the Administrator finds that a complete pro- gether with a notice of proposed rule making, and then hibition is inappropriate under this paragraph, he or shall proceed in accordance with 5 U.S.C. 553. If the Ad- she shall deny the application and state the reasons for ministrator’s finding is that applicable water quality such denial. standards require a complete prohibition covering a more restricted or more expanded area than that ap- (3334) (4) For the following waters the discharge from a plied for by the State, he shall state the reasons why his vessel of any sewage, whether treated or not, is finding differs in scope from that requested in the completely prohibited pursuant to CWA section State’s application. [...] 312(f)(4)(B): (3326) (ii) Waters of the State of Florida within the bound- aries of the Florida Keys National Marine Sanctuary as (3335) (i) Two portions of the Hudson River in New York delineated on a map of the Sanctuary at http://www. State, the first is bounded by an east-west line through fknms.nos.noaa.gov/. the most northern confluence of the Mohawk River (3327) (c)(1) Prohibition pursuant to CWA section which will be designated by the Troy-Waterford Bridge 312(f)(4)(B): A State may make written application to (126th Street Bridge) on the south and Lock 2 on the the Administrator of the Environmental Protection north, and the second of which is bounded on the north Agency under section 312(f)(4)(B) of the Act for the is- by the southern end of Houghtaling Island and on the suance of a regulation establishing a drinking water in- south by a line between the Village of Roseton on the take no discharge zone which completely prohibits western shore and Low Point on the eastern shore in discharge from a vessel of any sewage, whether treated the vicinity of Chelsea, as described in Items 2 and 3 of or untreated, into that zone in particular waters, or 6 NYCRR Part 858.4. portions thereof, within such State. Such application shall: (3336) (ii) [Reserved] (3328) (i) Identify and describe exactly and in detail the lo- cation of the drinking water supply intake(s) and the §140.5 Analytical procedures. community served by the intake(s), including average (3337) In determining the composition and quality of ef- and maximum expected amounts of inflow; (3329) (ii) Specify and describe exactly and in detail, the fluent discharge from marine sanitation devices, the waters, or portions thereof, for which a complete pro- procedures contained in 40 CFR part 136, ‘‘Guidelines hibition is desired, and where appropriate, average, Establishing Test Procedures for the Analysis of Pollut- maximum and low flows in million gallons per day ants,” or subsequent revisions or amendments thereto, (MGD) or the metric equivalent; shall be employed.
Navigation Regulations ■ Chapter 2 ■ 165 TITLE 46–SHIPPING (3352) (a) Cape Cod Bay south of 41°48'54\"N.; Part 15–Manning Requirements (in part) (3353) (b) The Cape Cod Canal; and Subpart I–Vessels in Foreign Trade (3354) (c) Buzzards Bay east of a line extending from the southernmost point of Wilbur Point (3355) (41°34'55\"N., 70°51'15\"W.) to the easternmost point of Pasque Island (3356) (41°26'55\"N., 70°50'30\"W.). §15.1001 General. TITLE 50–WILDLIFE AND FISHERIES (3338) Self-propelled vessels engaged in foreign com- Part 222–General Endangered and Threatened merce are required to use a pilot holding a valid MMC Marine Species or license with appropriate endorsement as a first-class pilot when operating in the navigable waters of the United States specified in this subpart. §15.1030 New York and New Jersey. Subpart A–Introduction and General (3339) The following U.S. navigable waters located within Provisions the States of New York and New Jersey when the vessel §222.101 Purpose and scope of regulations. is making an intra-port transit, to include, but not lim- (3357) (a) The regulations of parts 222, 223, and 224 of ited to, a movement from a dock to a dock, from a dock to an anchorage, from an anchorage to a dock, or from this chapter implement the Endangered Species Act an anchorage to an anchorage, within the following (Act), and govern the taking, possession, transporta- listed operating areas: tion, sale, purchase, barter, exportation, importation (3340) (a) East River from Execution Rocks to New York of, and other requirements pertaining to wildlife and Harbor, Upper Bay; plants under the jurisdiction of the Secretary of Com- (3341) (b) Hudson River from Yonkers, New York to New merce and determined to be threatened or endangered York Harbor, Upper Bay; pursuant to section 4(a) of the Act. These regulations (3342) (c) Raritan River from Grossman Dock/Arsenal to are implemented by the National Marine Fisheries Ser- New York Harbor, Lower Bay; vice, National Oceanic and Atmospheric Administra- (3343) (d) Arthur Kill Channel; tion, U.S. Department of Commerce, This part pertains (3344) (e) Kill Van Kull Channel; to general provisions and definitions. Specifically, parts (3345) (f) Newark Bay; 223 and 224 pertain to provisions to threatened species (3346) (g) Passaic River from Point No Point to Newark and endangered species, respectively. Part 226 enumerates Bay; designated critical habitat for endangered and threat- (3347) (h) Hackensack River from the turning basin to ened species. Certain of the endangered and threatened Newark Bay; and marine species enumerated in §§ 224.102 and 223.102 (3348) (i) New York Harbor, Upper and Lower Bay. are included in Appendix I or II to the Convention on (3349) Note to §15.1030: International Trade of Endangered Species of Wild (3350) “Intra-port transit” as used in this section includes Fauna and Flora. The importation, exportation, and the movement of a foreign-trade vessel inbound from re-exportation of such species are subject to additional sea from the point where a State-licensed pilot ceases regulations set forth at 50 CFR part 23, chapter I. providing pilotage to another point within the identi- (3358) (b) For rules and procedures relating to species de- fied areas (i.e., a dock or anchorage). Likewise, termined to be threatened or endangered under the ju- intra-port transit also includes the movement of a for- risdiction of the Secretary of the Interior, see 50 CFR eign-trade vessel outbound to sea from a point within parts 10 through 17. For rules and procedures relating the identified areas (i.e., a dock or anchorage) to the to the general implementation of the Act jointly by the point where a State licensed pilot begins providing Departments of the Interior and Commerce and for pilotage. certain species under the joint jurisdiction of both the Secretaries of the Interior and Commerce, see 50 CFR §15.1040 Massachusetts. Chapter IV. Marine mammals listed as endangered or (3351) The following U.S. navigable waters located within threatened and subject to these regulations may also be subject to additional requirements pursuant to the the State of Massachusetts when the vessel is in transit, but not bound to or departing from a port within the following listed operating areas:
166 ■ Chapter 2 ■ Volume 2 Marine Mammal Protection Act (for regulations imple- (3370) (iii) Paragraphs (c)(1) and (c)(2)of this section do menting that act, see 50 CFR part 216). not apply when approaching to investigate a right (3359) (c) No statute or regulation of any state shall be whale entanglement or injury, or to assist in the disen- construed to relieve a person from the restrictions, tanglement or rescue of a right whale, provided that conditions, and requirements contained in parts 222, permission is received from the National Marine Fish- 223, and 224 of this chapter. In addition, nothing in eries Service or designee prior to the approach. parts 222, 223, and 224 of this chapter, including any permit issued pursuant thereto, shall be construed to (3371) (iv) Paragraphs (c)(1) and (c)(2) of this section do relieve a person from any other requirements imposed not apply to an aircraft unless the aircraft is conducting by a statute or regulation of any state or of the United whale watch activities. States, including any applicable health, quarantine, ag- ricultural, or customs laws or regulations, or any other (3372) (v) Paragraph (c)(2) of this section does not apply National Marine Fisheries Service enforced statutes or to the extent that a vessel is restricted in her ability to regulations. maneuver and, because of the restriction, cannot com- ply with paragraph (c)(2) of this section. Part 224–Endangered Marine and Anadromous Species §224.105 Speed restrictions to protect North Atlantic Right Whales. §224.103 Special prohibitions for endangered (3373) (a) The following restrictions apply to: All vessels marine mammals. greater than or equal to 65 ft (19.8 m) in overall length (3360) (c) Approaching right whales. and subject to the jurisdiction of the United States, and (3361) (1) Prohibitions. Except as provided under para- all other vessels greater than or equal to 65 ft (19.8 m) graph (c)(3) of this section, it is unlawful for any person in overall length entering or departing a port or place subject to the jurisdiction of the United States to com- subject to the jurisdiction of the United States. These mit, attempt to commit, to solicit another to commit, restrictions shall not apply to U.S. vessels owned or op- or cause to be committed any of the following acts: erated by, or under contract to, the Federal Govern- (3362) (i) Approach (including by interception) within 500 ment. This exemption extends to foreign sovereign yards (460 m) of a right whale by vessel, aircraft, or any vessels when they are engaging in joint exercises with other means; the U.S. Department of the Navy. In addition, these re- (3363) (ii) Fail to undertake required right whale avoidance strictions do not apply to law enforcement vessels of a measures specified under paragraph (c)(2) of this section. State, or political subdivision thereof, when engaged in (3364) (2) Right whale avoidance measures. Except as law enforcement or search and rescue duties. provided under paragraph (c)(3) of this section, the fol- (3374) (1) Southeast U.S. (south of St. Augustine, FL to lowing avoidance measures must be taken if within 500 north of Brunswick, GA): Vessels shall travel at a speed yards (460 m) of a right whale: of 10 knots or less over ground during the period of No- (3365) (i) If underway, a vessel must steer a course away vember 15 to April 15 each year in the area bounded by from the right whale and immediately leave the area at the following: Beginning at 31°27'00.0\"N., slow safe speed. 80°51'36.0\"W.; thence west to charted mean high water (3366) (ii) An aircraft must take a course away from the line then south along charted mean high water line and right whale and immediately leave the area at a con- inshore limits of COLREGS limit to a latitude of stant airspeed. 29°45'00.0\"N., thence east to 29°45'00.0\"N., (3367) (3) Exceptions. The following exceptions apply to 80°51'36.0\"W.; thence back to starting point. (Fig. 1). this section, but any person who claims the applicabil- (3375) (2) Mid-Atlantic U.S. (from north of Brunswick, ity of an exception has the burden of proving that the Georgia to Rhode Island): Vessels shall travel 10 knots exception applies: or less over ground in the period November 1 to April (3368) (i) Paragraphs (c)(1) and (c)(2) of this section do 30 each year: not apply if a right whale approach is authorized by the (3376) (i) In the area bounded by the following: National Marine Fisheries Service through a permit 33°56'42.0\"N., 77°31'30.0\"W.; thence along a NW bear- issued under part 222, subpart C, of this chapter (General ing of 313.26° True to charted mean high water line Permit Procedures) or through a similar authorization. then south along mean high water line and inshore (3369) (ii) Paragraphs (c)(1) and (c)(2) of this section do limits of COLREGS limit to a latitude of 31°27'00.0\"N.; not apply where compliance would create an imminent thence east to and serious threat to a person, vessel, or aircraft. (3377) 31°27'00.0\"N., 80°51'36.0\"W.; thence to (3378) 31°50'00.0\"N., 80°33'12.0\"W.; thence to (3379) 32°59'06.0\"N., 78°50'18.0\"W.; thence to (3380) 33°28'24.0\"N., 78°32'30.0\"W.; thence to
Navigation Regulations ■ Chapter 2 ■ 167 (3381) 33°36'30.0\"N., 77°47'06.0\"W.; thence back to start- (3408) 42°30'00.0\"N., 67°27'00.0\"W. ing point.; (3409) 42°30'00.0\"N., 69°45'00.0\"W. (3410) (b) Except as noted in paragraph (c) of this section, (3382) (ii) Within a 20-nm (37 km) radius (as measured seaward from COLRGES delineated coast lines and the it is unlawful under this section: center point of the port entrance) (Fig. 2) at the (3411) (1) For any vessel subject to the jurisdiction of the (3383) (A) Ports of New York/New Jersey: United States to violate any speed restriction estab- (3384) 40°29'42.2\"N., 73°55'57.6\"W.; lished in paragraph (a) of this section; or (3385) (B) Delaware Bay (Ports of Philadelphia and (3412) (2) For any vessel entering or departing a port or place under the jurisdiction of the United States to vio- Wilmington): late any speed restriction established in paragraph (a) (3386) 38°52'27.4\"N., 75°01'32.1\"W.; of this section. (3387) (C) Entrance to the Chesapeake Bay (Ports of (3413) (c) A vessel may operate at a speed necessary to maintain safe maneuvering speed instead of the re- Hampton Roads and Baltimore): quired ten knots only if justified because the vessel is in (3388) 37°00'36.9\"N., 75°57'50.5\"W.; and an area where oceanographic, hydrographic and/or (3389) (D) Ports of Morehead City and Beaufort, NC: meteorological conditions severely restrict the maneu- verability of the vessel and the need to operate at such 34°41'32.0\"N., 76°40'08.3\"W.; and speed is confirmed by the pilot on board or, when a ves- (3390) (iii) In Block Island Sound, in the area bounded by sel is not carrying a pilot, the master of the vessel. If a deviation from the ten-knot speed limit is necessary, the following coordinates: Beginning at the reasons for the deviation, the speed at which the (3391) 40°51'53.7\"N., 70°36'44.9\"W.; thence to vessel is operated, the latitude and longitude of the (3392) 41°20'14.1\"N., 70°49'44.1\"W.; thence to area, and the time and duration of such deviation shall (3393) 41°04'16.7\"N., 71°51'21.0\"W.; thence to be entered into the logbook of the vessel. The master of (3394) 40°35'56.5\"N., 71°38'25.1\"W.; thence back to start- the vessel shall attest to the accuracy of the logbook entry by signing and dating it. ing point. (Fig. 2). (3414) (d) This final rule expires on December 9, 2013. (3395) (3) Northeast U.S. (north of Rhode Island): (3396) (i) In Cape Cod Bay, MA: Vessels shall travel at a Part 226–Designated Critical Habitat speed of 10 knots or less over ground during the period §226.101 Purpose and scope. of January 1 to May 15 in Cape Cod Bay, in an area be- (3415) The regulations contained in this part identify those ginning at 42°04'56.5\"N., 70°12'00.0\"W.; thence north to 42°12'00.0\"N., 70°12'00.0\"W.; thence due west to habitats designated by the Secretary of Commerce as charted mean high water line; thence along charted critical under section 4 of the Act, for endangered and mean high water within Cape Cod Bay back to begin- threatened species under the jurisdiction of the Secre- ning point. (Fig. 3). tary of Commerce. Those species are enumerated at (3397) (ii) Off Race Point: Vessels shall travel at a speed of §223.102 of this chapter, if threatened and at Sec. 10 knots or less over ground during the period of 224.101 of this chapter, if endangered. For regulations March 1 to April 30 each year in waters bounded by pertaining to the designation of critical habitat, see straight lines connecting the following points in the part 424 of this title, and for regulations pertaining to order stated (Fig. 3): prohibitions against the adverse modification or de- (3398) 42°30'00.0\"N., 69°45'00.0\"W.; thence to struction of critical habitat, see part 402 of this title. (3399) 42°30'00.0\"N., 70°30'00.0\"W.; thence to Maps and charts identifying designated critical habitat (3400) 42°12'00.0\"N., 70°30'00.0\"W.; thence to that are not provided in this section may be obtained (3401) 42°12'00.0\"N., 70°12'00.0\"W.; thence to upon request to the Office of Protected Resources (see (3402) 42°04'56.5\"N., 70°12'00.0\"W.; thence along charted §222.102, definition of “Office of Protected Resources”). mean high water line and inshore limits of COLREGS limit to a latitude of 41°40'00.0\"N., thence due east to §226.203 Critical habitat for northern right whales. 41°41'00.0\"N., 69°45'00.0\"W.; thence back to starting (3416) (a) Great South Channel. The area bounded by point. (3417) 41°40'N., 69°45'W.; (3403) (iii) Great South Channel: Vessels shall travel at a (3418) 41°00'N., 69°05'W.; speed of 10 knots or less over ground during the period (3419) 41°38'N., 68°13'W.; and of April 1 to July 31 each year in all waters bounded by (3420) 42°10'N., 69°31'W. straight lines connecting the following points in the order stated (Fig. 3): (3404) 42°30'00.0\"N., 69°45'00.0\"W. (3405) 41°40'00.0\"N., 69°45'00.0\"W. (3406) 41°00'00.0\"N., 69°05'00.0\"W. (3407) 42°09'00.0\"N., 67°08'24.0\"W.
168 ■ Chapter 2 ■ Volume 2 (3421) (b) Cape Cod Bay, Massachusetts. The area bounded (3425) 41°46.8'N., 70°30'W. and on the south and east by by the interior shore line of Cape cod, Massachusetts. (3422) 42°04.8'N., 70°10'W.; (3426) (c) Southeastern United States. The coastal waters (3423) 42°12'N., 70°15'W.; between 31°15'N and 30°15'N from the coast out 15 (3424) 42°12'N., 70°30'W.; nautical miles; and the coastal waters between 30°15'N and 28°00'N from the coast out 5 nautical miles.
Navigation Regulations ■ Chapter 2 ■ 169
170 ■ Chapter 2 ■ Volume 2
Cape Cod To Sandy Hook ■ Chapter 3 ■ 171 Cape Cod To Sandy Hook (1) The Atlantic coast from Cape Cod to Sandy Hook (8) Among the islands in Narragansett Bay are Rhode embraces part of the coast of Massachusetts and all of (Aquidneck) Island, Conanicut, and Prudence. These the coasts of Rhode Island, Connecticut, and New York. rather large islands are gently sloping, undulating, and To the mariner this area presents problems of unusual covered with cultivated fields and orchards, and occa- difficulty because of the off-lying shoals, strong and sional groves of trees. variable currents, large amounts of fog, and turbulence of wind and sea in the great storms that so frequently (9) Westerly from Point Judith to Napatree Point is a sweep it. Additionally, the mariner is faced with the continuous line of beaches behind which are many great volume of waterborne traffic that moves through saltponds. These ponds have been formed by the sea the area to and from the Port of New York. breaking through the outer sand barrier and then de- positing sand to close the opening. The shore near the Prominent features water is low, grassy, and nearly level, but gradually rises (2) The principal geographic features include Georges with a series of gentle curves to higher wooded lands some distance back. Bank, Nantucket and Vineyard Sounds, Buzzards Bay, Narragansett Bay, Long Island Sound and tributaries, (10) Block Island is another formation of the glacier. A and New York Harbor and tributaries including the prominent feature of the island is the entire absence of Hudson River. trees. The surface when viewed from eastward has a (3) Cape Cod, a long peninsula jutting eastward from grassy undulating appearance, and the hills in many the mainland of Massachusetts, may be likened to an places show steep sandy faces. Near the shoreline the arm bent upward at the elbow. It was originally formed land is low, but rapidly rises toward the center of the is- by the last great glacier and has been refashioned by the land to steep hills covered only with grass and dotted seas and wind. The outer end of The Cape, as it is called occasionally with houses. by eastern New Englanders, is a barren region of sand dunes with long yellow beaches, while much of the re- (11) The boundary line between Rhode Island and Con- mainder of the forearm is bleak grassy country. The necticut follows the Pawcatuck River to above the head southern side of the delta-like plain of Cape Cod has of navigation. been cut along high bluffs by the surf and waves. This section of the coast is covered with growth of pitch pine (12) The coastline of Connecticut is rockbound and and scrub oak. rugged, with numerous sandy beaches and occasional (4) Nantucket, Martha’s Vineyard, the Elizabeth Is- salt meadows or marshland. The surface is mildly roll- lands, and numerous smaller islands were also formed ing near the shore. The depression of small valleys by the glacier. The plains of Martha’s Vineyard and along the shore has created a number of good harbors. Nantucket are broad grassy heaths. The Elizabeth Is- The shoreline has been well developed commercially lands are hilly and partly wooded, and generally the and residentially. It is lined with seaside resorts, State shores are low bluffs. parks, and bathing beaches. (5) The western shore of Buzzards Bay is of moderate height, very gently sloping, cleared, and cultivated with (13) The boundary line between Connecticut and New occasional groves of trees. Several towns and the city of York follows the Byram River for slightly over 1 mile. New Bedford are visible along the shores. (6) Between Buzzards and Narragansett Bays the coast (14) Long Island, originally formed by the glacier and is a mass of sand dunes with steep faces forming a line thrusting about 105 miles eastward from New York Bay along the shore. Several headlands along this stretch of to a point abreast of New London, faces the New Eng- coast have fine sand beaches between them. land coast across Long Island Sound on the north. The (7) The boundary line between Massachusetts and long, narrow outline of the island resembles that of a Rhode Island strikes the coast just westward of Quick- whale. Its eastern end is split by Peconic Bay and the sand Point. 35- and 25-mile peninsulas thus formed are the north and south flukes. The island is almost a plain. On the north coast, bluffs rise to a height of 200 feet. South of these, extending well into the island’s midsection, run several chains of hills. The south shore is a barrier beach from about 30 miles west of the eastern extremity to the
172 ■ Chapter 3 ■ Volume 2 western end, which has been developed into a series of offshore from the entrances. The entrances to the in- bathing resorts. lets along the south shore of Long Island are subject to frequent change due to the shifting sand bars. Disposal Sites and Dumping Grounds (15) These areas are rarely mentioned in the Coast Pi- (24) Traffic Separation Schemes (Traffic Lanes) have been established in the approaches to Buzzards Bay, lot, but are shown on the nautical charts. (See Disposal Narragansett Bay, and New York Harbor. (See chapters Sites and Dumping Grounds, chapter 1, and charts for 5, 6, and 11, respectively, for details.) limits.) (25) Vessel Traffic Service, New York, operated by the Aids to navigation U.S. Coast Guard, serves New York Harbor. (See 161.1 (16) Lights and buoys are the principal guides that through 161.25, chapter 2, for regulations.) mark the approaches to the important harbors. Many of Channels the light stations have fog signals, particularly those in (26) Federal project depth is the dredging depth of a the vicinity of the larger ports. (17) (See the Light List for a complete description of channel as authorized by an Act of Congress upon rec- navigational aids.) ommendation of the Chief of Engineers, U.S. Army. Controlling depth in a channel is its least depth; it re- Loran stricts use of the channel to drafts less than that depth. (18) Loran C provides the mariner with good navigation (27) Where deepwater channels are maintained by the Corps of Engineers and the controlling depths are coverage along this section of the coast. printed on the charts in tabular form, the Coast Pilot usually gives only the project depths. Owing to con- (19) Radar is an important aid in most of this area, but stant shoaling in places, depths may vary considerably should not be relied upon for ranges to the beach in ar- between maintenance dredgings; consult the Notice to eas such as the south coast of Long Island which offer a Mariners for channel depths subsequent to charted in- relatively low relief. Many of the coastal buoys are formation. equipped with radar reflectors. Radar is of particular (28) Where secondary channels are maintained regu- importance in detecting other traffic and in the preven- larly by the Corps of Engineers, the Coast Pilot gives tion of collisions during periods of low visibility, which the controlling depths together with the dates of the are common in this area. latest surveys. (29) In the case of other channels, the controlling COLREGS Demarcation Lines depths printed in the Coast Pilot are from the latest (20) Lines have been established to delineate those wa- available reports which may, however, be several years old. ters upon which mariners must comply with the Inland Navigational Rules Act of 1980 (Inland Rules). The wa- Anchorages ters inside of the lines are Inland Rules Waters, and the (30) There are numerous anchorages in Nantucket and waters outside of the lines are COLREGS Waters. (See Part 80, chapter 2, for specific lines of demarcation.) Vineyard Sounds, Buzzards, Narragansett, and Gardiners Bays, and Long Island Sound, where vessels Ports and Waterways Safety with good ground tackle can ride out any gale. Between (21) (See Part 160, chapter 2, for regulations governing Cape Cod and Sandy Hook, the more important har- bors, either commercially or as harbors of refuge, are vessel operations and requirements for notification of New Bedford, Newport, Providence, New London, New arrivals, hazardous conditions, and certain dangerous Haven, and Bridgeport on the mainland, Greenport and cargoes to the Captain of the Port.) Port Jefferson on Long Island, City Island, New York, and vast New York Harbor. (See Part 110, chapter 2, for (22) Regulated Navigation Areas have been established limits and regulations.) within the navigable waters of the First Coast Guard District to increase operational safety for towing ves- Marine Protected Areas sels and tank barges. (See 165.100, chapter 2, for (31) The chapters that follow may contain references to limits and regulations.) Marine Protected Areas (MPAs) occurring in navigable Harbor entrances coastal waters of the NE Atlantic coast. A summary of (23) The entrances to most of the harbors have dredged these MPAs can be found in Appendix C. The critical en- vironmental information is intended to inform readers channels marked with navigational aids and are easy of access. In some cases jetties and breakwaters extend
Cape Cod To Sandy Hook ■ Chapter 3 ■ 173 about the location, purpose, and legal restrictions of grounds off New England and Canada and the calving coastal MPAs, with an emphasis on activities of interest grounds off Florida, Georgia and South Carolina. Be- to the maritime community. (Extensive MPAs are listed cause right whales mate, rest, feed and nurse their here and regional MPAs are included in subsequent young at the surface, and often do not move out of the chapters of this Coast Pilot.) way of oncoming ships, they are highly vulnerable to (32) Northern Inshore Lobster Waters includes the being struck. Pregnant females and females with nurs- State waters of RI, MA, NH, and ME. (See Appendix C, ing calves appear to be particularly vulnerable to colli- for additional information.) sions with ships. Ship strikes and fishing gear (33) Northern Nearshore Lobster Waters includes the entanglements are the two known sources of hu- Federal waters of RI, MA, NH, and ME. (See Appendix C, man-related mortality. Intentionally approaching for addition information.) within 500 yards of right whales is prohibited and is a (34) Offshore Lobster Waters, about 60 miles offshore violation of federal law. (See 50 CFR 224.103, chapter 2 to the Exclusive Economic Zone (EEZ) edge, extend for limits, regulations and exceptions.) from the U.S. Canadian border to Cape Hatteras, NC. (39) Description of North Atlantic right whale: Right (See Appendix C, for additional information.) whales are large baleen whales. Adults are generally 45 (35) Southern Nearshore Lobster Waters and Mid-At- to 55 feet in length and can weigh up to 70 tons. The lantic Coastal Waters Area includes the State and Fed- body is mostly black, but irregularly shaped white eral waters along the continental shelf from Long patches may be present on the ventral surface. The best Island to Cape Hatteras, NC. (See Appendix C, for addi- field identification marks are a broad back with no dor- tional information.) sal fin, irregular bumpy white patches (callosities) on the head, and a distinctive two-column V-shaped blow Dangers when viewed from directly behind or in front of the (36) The most important dangers confronting the navi- whale. The whales have broad, paddle-shaped flippers and a broad, deeply notched tail. (See following dia- gator when approaching the area are the great banks grams and photographs.) Right whales are slow mov- and shoals in the eastern approach. The remainder of ing and seldom travel faster than 5 or 6 knots. They can the isolated dangers throughout the area and in the ap- stay submerged for 10 to 20 minutes and may appear proaches to the harbors are for the most part well suddenly when surfacing to breathe. They are often marked and charted. seen alone or in small groups. At times, right whales form large courtship groups of 20 to 30 animals. Pipelaying barges (40) Seasonal occurrence of North Atlantic right (37) With the increased number of pipeline laying oper- whales: During seasons and in areas where right whales may occur, vessel operators should maintain a ations, operators of all types of vessels should be aware sharp lookout for whales and reduce speeds when con- of the dangers of passing close aboard, close ahead, or sistent with safe navigation. In any given year oceano- close astern of a jetbarge or pipelaying barge. graphic variability may affect the seasonal distribution Pipelaying barges and jetbarges usually move at 0.5 of right whales. In 1986, right whales were frequently knot or less and have anchors which extend out about sighted within the Stellwagen Bank National Marine 3,500 to 5,000 feet in all directions and which may be Sanctuary throughout the summer, and in the early marked by lighted anchor buoys. The exposed pipeline spring of 1998 a large number of right whales were doc- behind the pipelaying barge and the area in the vicinity umented near the Narragansett/Buzzards Bay Traffic of anchors are hazardous to navigation and should be Separation Scheme. Three areas in U.S. waters have avoided. The pipeline and anchor cables also represent been designated as critical habitats for North Atlantic a submerged hazard to navigation. It is suggested, if right whales. The northern critical habitats, the Great safe navigation permits, for all types of vessels to pass South Channel (east of Cape Cod) and Cape Cod Bay ex- well ahead of the pipelaying barge or well astern of the tending into Massachusetts Bay, are feeding and nurs- jetbarge. The pipelaying barge, jetbarge, and attending ery grounds. The southern critical habitat, off coastal vessels may be contacted on VHF-FM channel 16 Florida and Georgia (Sebastian Inlet, Florida to the (156.80 MHz) for passage instructions. Altamaha River, Georgia), is a calving area. (See 50 CFR 226.203, chapter 2 for limits, regulations and ex- North Atlantic Right Whales ceptions). (38) The North Atlantic right whale is one of the world's most endangered large whale species. North Atlantic right whales are found primarily in continental shelf waters between Florida and Nova Scotia. They migrate annually along the east coast between the feeding
174 ■ Chapter 3 ■ Volume 2
Cape Cod To Sandy Hook ■ Chapter 3 ■ 175 Seasonal occurrence of North Atlantic right whales times not covered by the SMAs. Information about established DMAs will be announced over NOAA's cus- Location Season Comments tomary maritime communication media. Mariners are April - June encouraged to avoid or reduce speeds to 10 knots or Central Gulf of October - Most of the population can less while transiting through DMAs. Maine (Jordan Ba- December be found in this area dur- sin, Cashes Ledge) December - ing this time Area to be avoided (42) In order to significantly reduce the risk of ship Cape Cod Bay May Whales are frequently sighted in this area strikes to the North Atlantic right whale, an area to be Great South Chan- March - July Peak sightings occur in avoided was established in the Great South Channel, nel, Northern Edge the early spring with in- east of the Boston Harbor traffic lanes. Ships of 300 of Georges Bank July - frequent sightings in the gross tons and above should avoid the area bounded by October summer lines connecting the following geographical positions: Bay of Fundy, The migration corridor (43) 41°44'08\"N., 69°34'50\"W.; Soctina Shelf October- between right whale habi- (44) 42°10'00\"N., 68°31'00\"W.; (Browns Bank, December tats is within 30 miles of (45) 41°24'53\"N., 68°31'00\"W.; and Roseway Basin) the Atlantic coast (46) 40°50'28\"N., 68°58'40\"W. between the period of Year-round Calving right whales have April 1 through July 31 Jeffreys Ledge been sighted as far north November - as Cape Fear, NC and as far (47) Early Warning and Sighting Advisory Systems: As Stellwagen Bank April south as Miami, FL with weather and conditions permit, dedicated seasonal pro- National Marine rare sightings in the Gulf grams of aerial and vessel surveys are conducted in the Sancturay November - of Mexico Northeast and Southeast U.S. to provide whale sighting April information to mariners. Surveys typically occur in the New York to following locations at the specified times: a) Cape Cod North Carolina Bay, the Gulf of Maine, the Great South Channel, and Rhode Island, Block Island, and Long Island Sounds South Carolina, from January through July; b) South Carolina/North Georgia and Carolina border south to Crescent Beach, FL from De- Florida Calving cember through March. Survey planes occasionally use Area VHF-FM channel 16 to contact ships directly if whales have been spotted in close proximity to that vessel. (41) Mandatory Speed Restrictions: Vessels 65 feet or However, many right whales go undetected by surveys. greater in length overall (L.O.A.) are subject to manda- Seasonal right whale advisories and sighting reports tory speed restrictions of 10 knots or less in seasonal are broadcast periodically for these and surrounding management areas (SMA) along the U.S. East Coast areas by Coast Guard Broadcast Notice to Mariners, during times when right whales are likely to be present NAVTEX, NOAA Weather Radio, Cape Cod Canal Vessel (See following maps for locations of SMAs). The North- Traffic Control, the Bay of Fundy Vessel Traffic Control, eastern SMA speed restrictions are in place from Janu- and are included in the return message from the Right ary 1 through May 15 in Cape Cod Bay, from March 1 Whale Mandatory Ship Reporting (MSR) systems. Gen- through April 30 off Race Point, and from April 1 eral sighting information may be obtained by sending through July 31 in the Great South Channel. Speed re- an e-mail to [email protected] (Northeast) or strictions in the Mid-Atlantic U.S. SMAs are in place [email protected] (Southeast). from November 1 to April 30 and include Block Island Sound, entry into the Ports of New York/New Jersey, (48) Precautions when transiting right whale habitat Delaware Bay, Entrance to Chesapeake Bay, and the and areas of recently reported right whale sightings: Ports of Morehead City and Beaufort, NC, and within a NOAA recommends the following precautionary mea- continuous boundary approximately 20 nautical miles sures be taken to avoid adverse interactions with North from shore around the major ports of Wilmington, NC, Atlantic right whales: Charleston, SC and Savannah, GA. Speed restrictions are in place in the Southeastern U.S. SMA from Novem- (49) Before entering right whale habitat (See “Seasonal ber 15 to April 15; this area extends from shore approxi- Occurrence” table), check Coast Guard Broadcast No- mately 30 nautical miles eastward and contains the tices to Mariners, NAVTEX, NOAA Weather Radio, Man- major ports of Brunswick, GA, Fernandina Beach, FL datory Ship Reporting (MSR) system, Cape Cod Canal and Jacksonville, FL. (See 50 CFR 224.105, chapter 2 Vessel Traffic Control, the Bay of Fundy Vessel Traffic for regulations, limitations, and exceptions and com- plete description of the SMAs.) NOAA Fisheries may also establish voluntary Dynamic Management Areas (DMAs) when right whales are present in areas and
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Cape Cod To Sandy Hook ■ Chapter 3 ■ 177 Control, as well as other sources for recent right whale whale sightings and are designed to reduce the likeli- sighting reports. Local ship pilots also have information hood of adverse interactions between large vessels and on whale sightings and safe local operating procedures. right whales. The routes are found on the latest NOAA (50) Review right whale identification materials and Nautical Charts. In July 2007, the northern leg of the maintain a sharp watch with lookouts familiar with Boston Traffic Separation Scheme (TSS) was shifted to spotting whales. Although right whales are large, their direct ship traffic away from an area of high whale den- dark color and lack of a dorsal fin can make them diffi- sity. Use of the modified TSS is expected to considerably cult to spot. reduce the risk of striking a whale. (51) Avoid transiting through the right whale habitats (63) Mandatory Ship Reporting Systems (MSR) and areas where right whales have recently been WHALESNORTH and WHALESSOUTH sighted. If transiting between ports within critical hab- (64) Mandatory Ship Reporting (MSR) systems require itats, minimize transit distance. Route around ob- all vessels, 300 gross tons or greater, to report to the served or recently reported right whales and anticipate U.S. Coast Guard upon entering two designated report- delays due to prudent seamanship in response to whale ing areas off the east coast of the United States. (See 33 sightings. Avoid transits at night or during periods of CFR 169, chapter 2, for limits and regulations.) Sover- low visibility. eign immune vessels are exempt from the requirement (52) If a right whale is sighted from the ship or reported to report, but are encouraged to participate. along the intended track of the ship, mariners should (65) The two reporting systems will operate independ- exercise caution, post a lookout and reduce speed to 10 ently of each other. The system in the northeastern knots when consistent with safe navigation. If a right United States will operate year round and the system in whale is sighted, a vessel must steer a course away from the southeastern United States will operate each year the right whale and immediately leave the area at slow from November 15 through April 15. Reporting ships safe speed. Do not assume right whales will move out of are only required to make reports when entering a re- the way of an approaching vessel. Mariners should keep porting area during a single voyage (that is, a voyage in in mind that it is illegal to approach a right whale which a ship is in the area). Ships are not required to closer than 500 yards. (See 50 CFR 224.103, chapter 2 report when leaving a port in the reporting area nor for limits, regulations and exceptions.) when exiting the system. (53) Any whale accidentally struck, dead whale carcass, (66) Mariners should check all MSR messages carefully and sighting of an injured or entangled whale should before transmittal to ensure the message includes the be reported immediately to the Coast Guard or NOAA correct address and format. Additional greeting or National Marine Fisheries Service noting the precise comments in the message will preclude message re- location, date, and time of the accident or sighting. Call ceipt by the MSR system. Failure to receive a timely re- 978-281-9351 for reports to NOAA for the area from turn message from the MSR system that provides Virginia to Maine, or 877-433-8299 for the area from locations of recent right whale sightings and precau- North Carolina to Florida. In the event of a strike or tionary guidance should be reported to the local Marine sighting of a dead, injured or entangled whale, the fol- Safety Office of the U.S. Coast Guard. lowing information should be provided: (67) Northeastern reporting system/Southeastern re- (54) location, date, and time of the accident or sighting porting system (See 33 CFR 169.105 and 169.115, of a carcass or an entangled whale, chapter 2, for limits.) (55) speed and course of the vessel, (68) Vessels shall make reports in accordance with the (56) vessel specifications such as size and propulsion, format in IMO Resolution A.858 (20) in accordance (57) water depth, with the International Convention for the Safety of Life (58) environmental conditions such as visibility, wind at Sea 1974 (SOLAS 74). (See 33 CFR 169.135 and speed and direction, 169.140, chapter 2, for additional information.) Vessels (59) description of the impact, should report via INMARSAT C or via alternate satellite (60) fate of the animal, and communications to one of the following addresses: (61) species and size, if known. (69) Email: [email protected] or (62) Recommended Two-Way Routes to Avoid Whales: (70) Telex: 48156090. To reduce the possibility of vessel strikes with right (71) Vessels not equipped with INMARSAT C or Telex whales, Two-Way Routes were developed for vessels en- should submit reports to the U.S. Coast Guard's Com- tering and transiting through Cape Cod Bay and arriv- munication Area Master Station Atlantic (CAMSLANT) ing and departing the ports of Brunswick, GA, via HF voice frequencies on 2182 kHz, 4125 kHz, 6215 Fernandina Beach, FL and Jacksonville, FL. The routes kHz, 8291 kHz, 12290 kHz, and 16420 kHz or by calling were developed from an analysis of historical right 1-800-742-8519x0. Vessels equipped only with VHF-FM
178 ■ Chapter 3 ■ Volume 2 voice communications should submit reports to the obtained during surveys are shown in a great many nearest U.S. Coast Guard activity or group. places on the charts. (72) Example Reports: (99) The two principal dangers on Georges Bank are (73) WHALESNORTH Georges Shoal and Cultivator Shoal, which are near the (74) WHALESNORTH// center of the danger area. Around these shoals the sea (75) M/487654321// breaks in depths of 10 fathoms during heavy weather, (76) A/CALYPSO/NRUS// and the locality should be avoided by deep-draft vessels. (77) B/031401Z APR// (100) Georges Shoal is a ridge about 13 miles long on (78) E/345// which are several shallow depths of 1½ to 3 fathoms. (79) F/15.5// (101) Cultivator Shoal, about 20 miles westward of Geor- (80) H/031410Z APR/4104N/06918W// ges Shoal, is a ridge nearly 15 miles long, on which (81) I/BOSTON/032345Z APR// depths of 3 to 10 fathoms are found. The 3-fathom spot (82) L/WP/4104N/06918W/15.5.// is near the north end of the shoal. In December 1980, a (83) L/WP/4210N/06952W/15.5// submerged obstruction was reported about 8.7 miles (84) L/WP/4230N/07006W/15.5// northwest of the 3-fathom spot in about 41°43'N., (85) WHALESSOUTH 68°23'W.; vessels engaged in bottom operations are ad- (86) WHALESSOUTH// vised to exercise caution in the area. (87) M/412345678// (102) The entire area within the 20-fathom curve has an (88) A/BEAGLE/NVES// extremely broken bottom. There are numerous ridges (89) B/270810Z MAR// and shoal spots on which depths dangerous to naviga- (90) E/250// tion, particularly in heavy weather, may be found. (91) F/17.0// These shoal spots generally have steep sides, and very (92) H/270810Z MAR/3030N/08052W// little or no indication of their existence is given by (93) I/MAYPORT/271215Z MAR// soundings. Tide rips and swirls, as well as overfalls, are (94) L/RL/17.0// common in the vicinity of these spots, but are not al- ways visible. They show best with a smooth sea and Charts 13204, 13200, 13203 with the current flowing in certain directions. These disturbances are not usually over the shoalest depths, (95) Georges Bank is an extensive bank with depths of but are commonly alongside them. Small, detached less than 50 fathoms, extending for over 150 miles overfalls may be seen in 20 fathoms of water. The tidal northeastward from the offshore end of Nantucket currents are rotary with no period of slack water. The Shoals. velocity at strength is about 2 knots, and the velocity of the minimum current which occurs about midway be- (96) In heavy weather the danger area may be consid- tween the times of strength is about 1 knot. The hourly ered to be the oval-shaped top of the bank which is velocities and directions of the tidal current are shown about 80 miles long in a northeast and southwest direc- by means of current roses on National Ocean Service tion and which has a maximum width of about 50 charts. miles. The bottom within this area is extremely broken (103) A navigator must bear in mind while in an area of and irregular, with a great number of ridges and shoal this character that it is impossible for the surveyor, spots having depths of less than 10 fathoms. Between without a vast expenditure of time, to determine and these shoals are channels of varying widths in which locate all of the shoalest spots on the many dangerous depths of about 20 fathoms may be found. All of this shoals found. Sudden shoaling on such a bank must be area lies within the 30-fathom curve and so much of it considered an indication of possibly dangerous water. has depths of less than 20 fathoms that it may practi- This bank has not been wire dragged. cally all be considered to lie within a generalized (104) Nantucket Shoals is the general name of the nu- 20-fathom curve. merous different broken shoals which lie southeast- ward of Nantucket Island and make this one of the most (97) On the southeast side of the bank, outside the dangerous parts of the coast of the United States for the 20-fathom curve, the water deepens gradually and with navigator. These shoals extend 23 miles eastward and such regularity that soundings would be of consider- 40 miles southeastward from Nantucket Island. They able value in approaching the bank. On the northwest are shifting in nature, and the depths vary from 3 to 4 side the water deepens more rapidly. feet on some to 4 and 5 fathoms on others, while slues with depths of 10 fathoms or more lead between those (98) The bottom is generally of sand, sometimes with shell, and in places pebbles. Bottom samples as
Cape Cod To Sandy Hook ■ Chapter 3 ■ 179 farthest offshore. The easterly edge of the shoals has to be expected is a considerable amount of hazy depths of 3 and 4 fathoms in places. weather, which limits visibility. (119) Should it become necessary to anchor in this area, Area to be avoided open sea anchorage may be had anywhere that depths (105) Because of the great danger of stranding and for permit. Due consideration should be given to the close proximity of shoals and possibility of dragging due to reasons of environmental protection, the International the winds and currents. Generally it has been found Maritime Organization (IMO) has established an area best to avoid the deeper channels and, when rougher to be avoided in the area of Nantucket Shoals. All ves- water is experienced, to anchor in the lee of a shoal, sels carrying cargoes of oil or hazardous materials and which would tend to knock down the heavier swells. A all other vessels of more than 1,000 gross tons should scope of five to one or greater should always be used. avoid the area bounded by the following points: (106) 41°16.5'N., 70°12.5'W.; North Atlantic Right Whales (107) 40°43.2'N., 70°00.5'W.; (120) Endangered North Atlantic right whales may occur (108) 40°44.5'N., 69°19.0'W.; (109) 41°04.5'N., 69°19.0'W.; along the northern edge of Georges Bank (peak season: (110) 41°23.5'N., 69°31.5'W.; and March through July). (See North Atlantic Right (111) 41°23.4'N., 70°02.8'W. Whales, indexed as such, in this chapter for more infor- (112) The currents in the area are strong and erratic, mation on right whales and recommended measures to reaching a velocity of 3 to 5 knots around the edges of avoid collisions.) the shoals. They are made erratic by the obstruction of (121) All vessels 65 feet or greater in length overall the shoals, in some cases being deflected to such an ex- (L.O.A.) and subject to the jurisdiction of the United tent as to cause the direction to change 180° from one States are restricted to speeds of 10 knots or less in the side of the shoal to the other. Great South Channel Seasonal Management Area be- (113) The tidal current over the shoals is rotary, turning tween April 1 and July 31. The area is defined as the wa- clockwise. Observations in the area indicate an average ters bounded by: velocity at strength of about 2.5 knots, but this proba- (122) 42º30'N., 69º45'W.; bly varies appreciably from place to place. Similarly the (123) 42º30'N., 67º27'W.; direction of the current at strength probably depends (124) 42º09'N., 67º08.4'W.; on the orientation of channels between shoal areas. (125) 41º00'N., 69º05'W.; (114) Since the current is rotary, there is no true slack. (126) 41º40'N., 69º45'W.; thence back to starting point. Observations in the area show an average minimum of (See 50 CFR 224.105 in chapter 2 for regulations, limi- about 0.5 knot. tations, and exceptions.) (115) The tidal current near Nantucket Shoals Lighted Whistle Buoy N is rotary, turning clockwise. The aver- (127) Georges Bank Closure Areas, Marine Protected Ar- age velocity at strength is 0.8 knot; the average mini- eas (MPAs), extend S and E of Cape Cod to the boundary mum is 0.6 knot. with the Exclusive Economic Zone (EEZ). (See Appen- (116) Hourly average velocities and directions for Davis dix C, for additional information.) Nantucket Lightship Bank and the area near Nantucket Shoals Lighted Closed Areas include waters S and E of Nantucket Is- Whistle Buoy N, referred to predicted times of maxi- land extending to the west edge of Georges Bank. (See mum flood at Pollock Rip Channel, are furnished in the Appendix C, for additional information.) Tidal Current Tables. However the tidal currents are appreciably influenced by winds. (128) NOAA Data Lighted Buoy 44008 (40°30'09\"N., (117) Nantucket Shoals should be entirely avoided by 69°14'48\"W.) is about 57 miles south-southeastward of deep-draft vessels when possible and by light-draft ves- Nantucket Island. This buoy is located inside the traffic sels without local knowledge, on account of the treach- separation zone of the traffic separation lanes of \"East- erous currents. There are, however, channels through ern Approach Off Ambrose\" to the \"Traffic Separation these various shoals which can be negotiated with local Scheme Off New York\". (See charts 12300 and 13006.) knowledge and caution. In calm weather at slack water these shoals are sometimes difficult to see, and a vessel (129) Nantucket Shoals is made up of the following parts: is liable to be taken into shoaler water than was in- (130) Phelps Bank, the southeasternmost part of the tended. (118) Calm, clear days are few; when the sea is calm it is Nantucket Shoals, is about 6.5 miles long and 2.5 miles usually foggy, and when clear, it is usually rough. Also wide. A lighted whistle buoy, marking the entrance to the Boston Harbor Traffic Separation Scheme, is about 12 miles eastward of Phelps Bank. (131) Asia Rip, the shoalest point of the bank with 5¾ fathoms, is at the southern end. The wreck of the SS
180 ■ Chapter 3 ■ Volume 2 OREGON, covered 3¼ fathoms, is at 40°45'N., 69°19'W., Charts 13200, 13237 3 miles south-southeastward of Asia Rip. (132) Middle Rip, with a least-found depth of 4 fathoms (139) Great Rip, about 13 miles east-southeast of and lying north-northwest of Phelps Bank, is about Sankaty Head, has depths of 1 to 2¾ fathoms. This 13.5 miles long and 4.5 miles wide. This shoal consists shoal is about 7 miles long north and south and 1 to 2 of two large parts with depths of 4 fathoms on the east miles wide. About 1.5 miles westward of Great Rip and and 6 fathoms on the west, separated by a channel with separated from it by depths of 14 to 19 fathoms is an a depth of 7 fathoms and four outlying shoals of 8 to 10 unnamed and unmarked shoal of 1½ to 2½ fathoms. fathoms. Breakers are usually observed on the shoal. (133) Fishing Rip, bow-shaped, with depths of 3 to 10 fathoms, is about 26 miles long north and south and 6.5 (140) Rose and Crown is a boot-shaped shoal with its miles wide at its widest point. The north point is 20 southern end about 10.5 miles east of Sankaty Head. miles 073° and the south point is 27.5 miles 136°, re- The shoal extends about 5 miles northward and then 3 spectively, from Sankaty Head Light. A large wreck miles westward. Depths of 1¼ and 1½ fathoms are area, marked by a lighted gong buoy, is near the south- found in the leg of the boot, a depth of ½ fathom forms ern part of Fishing Rip. A wreck and a submerged ob- the heel, and a depth of 1¼ fathoms is found in the toe. struction are also near the southern portion of the rip Northward of the toe of Rose and Crown is a shoal with in about 41°00.0'N., 69°27.0'W. and 41°01.0'N., foul ground and spots of 1½ and 2½ fathoms. Rose and 69°29.7'W., respectively. Crown breaks heavily. (134) The unmarked channel westward of Fishing Rip is obstructed by three shoals in the northern section (141) Bass Rip, about 2.5 miles eastward of Sankaty which have least-found depths of 7½, 4½, and 10 fath- Head, is about 3.5 miles long north and south. A depth oms. In the southern part of this channel are four of ½ fathom is 3 miles 115° from the light. The north- shoals with depths of 8 to 10 fathoms. ern end of the shoal has a depth of 2 fathoms. Old Man (135) Davis Bank, the innermost of the outer Nantucket Shoal extends 4.5 miles southwestward from a point Shoals, is bow-shaped and has depths of 2¾ to 10 fath- 1.5 miles off the southeastern end of Nantucket Island. oms of water over it. The bank is about 30 miles long Depths of 1¼ to 2¾ fathoms are found on this shoal. north and south and has a greatest width of 4 miles. The wreck of the vessel PROGRESS is off the inner edge (142) McBlair Shoal, the northernmost of the Nantucket of the bank about 13 miles north-northeastward of the Shoals and marked on its northern side by lighted southern end of the bank. buoys, forms part of the southern side of Great Round (136) The channel westward of Davis Bank is marked on Shoal Channel. Depths on this shoal vary from 2¼ to its west side by lighted and unlighted buoys. A radar 3½ fathoms. beacon (Racon) is at the northernmost lighted buoy. The use of this channel should be restricted to clear (143) Great South Channel is the passage between the weather due to the strong currents encountered easternmost of the Nantucket Shoals and the western- throughout this area. most shoal spots of Georges Bank. The approximate center of the channel extends from 40°36'N., 68°55'W. Chart 13200 to 41°38'N., 68°55'W. The channel is about 27 miles wide and has depths of 19 fathoms and greater (137) The inner Nantucket Shoals all lie within the throughout, with lesser depths along the eastern and 10-fathom curve. The area is very foul. Only a few of the western edges. The Great South Channel is a feeding shoals are described. Davis South Shoal, about 20 area for endangered North Atlantic right whales in miles south-southeast of Sankaty Head, consists of two spring and summer (peak season: March through July, spots of 2¾ and 2½ fathoms about 1.5 miles apart. although right whales have been seen in the area year round). (138) Old South Shoal, consisting of two spots of 2½ fathoms with a 2-fathom spot and foul ground between North Atlantic Right Whales them, is about 13.5 miles southeast of Sankaty Head. (144) Great South Channel lies within the federally des- This shoal is unmarked. ignated critical habitat for North Atlantic right whales (see 50 CFR 226.203(a), chapter 2). In some years, more than a third of the remaining population of North Atlantic right whales can be found in the Great South Channel at any one time. It is illegal to approach closer than 500 yards of any right whale. (See 50 CFR 224.103(c), chapter 2, for limit and regulation.) It is recommended that all large vessels (over 100 gross tons) avoid operating in the critical habitat during the
Cape Cod To Sandy Hook ■ Chapter 3 ■ 181 peak period of right whale occurrence (March through Wrecks July). When the area cannot be avoided, precautionary (154) Many vessels have been wrecked along this coast as measures should be taken to reduce the risk of ship strikes. (See North Right whales, indexed as such, in a result of collision, foundering, and other causes. Most chapter 3 for more information on right whales and of the offshore wrecks have been located and wire recommended measures to avoid collisions with dragged to determine the least depth over the highest whales.) projecting part. Dangerous wrecks for the most part (145) All vessels 65 feet or greater in length overall are marked by buoys of various colors and shapes and (L.O.A.) and subject to the jurisdiction of the United often show a quick-flashing or an interrupted States are restricted to speeds of 10 knots or less in the quick-flashing light. Great South Channel Seasonal Management Area be- (155) Many vessels have grounded in fog on the south tween April 1 and July 31. The area is defined as the wa- side of Long Island and on Block Island. Probably many ters bounded by: of these wrecks could have been avoided if frequent (146) 42º30'N., 69º45'W. soundings had been taken in approaching the coast. (147) 42º30'N., 67º27'W. Vessels equipped to do so should make good use of the (148) 42º09'N., 67º08.4'W. electronic aids to navigation systems along the coast to (149) 41º00'N., 69º05'W. check their position frequently. (150) 41º40'N., 69º45'W.; thence back to starting point. (See 50 CFR 224.105 in chapter 2 for regulations, lim- Lobster pots itations, and exceptions.) (156) The coastal waters contain numerous lobster pots. (151) Restricted Lobster and Gillnet Marine Protected Small painted wooden buoys of various designs and col- Areas (MPAs) are in Great South Channel. (See Appen- ors, secured by small lines, float on the surface; in some dix C, for additional information.) cases a second buoy, usually an unpainted wooden stick or bottle and difficult to see, is attached to the lobster (152) Submarine canyons are indentations in the edge of pot. These buoys extend from shore out to, and in many the Continental Shelf which is bounded on its seaward cases across, the sailing routes. Small yachts and mo- side by the 100-fathom curve. They may be traced from tor boats are cautioned against fouling them, which is depths of 1,000 fathoms or more to the shoaler areas of liable to result in a sprung shaft or lost propeller. the Continental Shelf. The navigator who has available Fishtraps and fish havens are discussed in chapter 1. some means of echo sounding should have in mind the various canyons found in this locality. The soundings (157) Fishweirs are numerous along the outside coast in crossing them are very characteristic in each case, and inside waters. The stakes often become broken off and such soundings may be used to determine the ves- and form a hazard to navigation, especially at night. sel’s position with considerable accuracy. The areas within which fishweirs are permitted have been established under Federal authority and are (153) The names of some of the most important subma- shown on charts of 1:80,000 scale and larger. The exact rine canyons are shown on the charts. The longitude locations of the weirs within the designated areas are following the name is approximate and only given to not shown. Strangers should proceed with caution assist in locating the feature on the chart. Corsair Can- when crossing areas of possible fishweirs, and should yon, 66°10'W., on the eastern side of Georges Bank, has avoid crossing such areas at night. a northwesterly trend. On the southern side and toward the western end of Georges Bank, having a northerly (158) Danger zones have been established within the trend, are Lydonia Canyon, 67°40'W.; Gilbert Canyon, area of this Coast Pilot. (See Part 334, chapter 2, for 67°50'W.; Oceanographer Canyon, 68°05'W.; and limits and regulations.) Welker Canyon, 68°30'W. Southeastward and south- ward of Nantucket Shoals, having a northerly trend, Drawbridges are Hydrographer Canyon, 69°00'W.; Veatch Canyon, (159) The general regulations that apply to all draw- 69°35'W.; and Atlantis Canyon, 70°15'W. Block Can- yon, 71°20'W., is south-southeasterly of Block Island bridges are given in 117.1 through 117.49, chapter 2, Sound and has a north-northwesterly trend. Hudson and the specific regulations that apply only to certain Canyon, 72°20'W., extends northwestward to the mouth drawbridges are given in Part 117, Subpart B, chapter of the Hudson River. The inshore section of this canyon 2. Where these regulations apply, references to them is called Mud Gorge. are made in the Coast Pilot under the name of the bridge or the waterway over which the bridge crosses. (160) The drawbridge opening signals (see 117.15, chap- ter 2) have been standardized for most drawbridges within the United States. The opening signals for those
182 ■ Chapter 3 ■ Volume 2 few bridges that are nonstandard are given in the spe- the National Geospatial-Intelligence Agency, Washing- cific drawbridge regulations. The specific regulations ton, D.C. also address matters such as restricted operating hours (169) Deep-draft vessels coming from Cape Hatteras, and required advance notice for openings. Chesapeake Bay, Delaware Bay, or New York usually (161) The mariner should be acquainted with the general make Nantucket Shoals Lighted Whistle Buoy N, and specific regulations for drawbridges over water- thence through Great South Channel to Cape Cod or ways to be transited. the Gulf of Maine. (170) Vessels of medium draft coming from the south- Routes ward, or southbound from Boston or ports farther east, (162) Approaching this section of the coast is dangerous may use Cape Cod Canal, or Vineyard and Nantucket Sounds via Pollock Rip Channel. Great Round Shoal for all vessels because of the off-lying banks and shoals, Channel is also available, but seldom used, as an en- the strong and variable currents, frequency of fog, and trance to or exit from Nantucket Sound. The control- the broken nature of the bottom. Soundings alone are ling depth for these passages is from 27 to 32 feet. They of little value in establishing the position of a vessel, avoid Nantucket Shoals and are used by coasting ves- but the depth should be checked frequently to ensure sels. Small vessels and pleasure craft usually pass that the vessel clears all dangers. through Long Island Sound when proceeding coast- (163) In thick weather especially, the greatest caution is wise. necessary, and vessels equipped to do so should make good and timely use of the electronic aids to navigation Currents systems to check their position frequently. The depth (171) The Tidal Current Tables should be consulted for should never be shoaled to less than 15 fathoms with- out an accurate fix having been obtained, and it is ad- specific information about times, directions, and veloc- visable to remain offshore in depths of 20 fathoms or ities of the current at the numerous locations through- more. out the area. It must be borne in mind that the current (164) The part of Georges Bank lying between latitude to which a vessel is subjected at any time is the combi- 41°05'N., and 42°00'N., and longitude 67°17'W., and nation of tidal current, wind current, and other cur- 68°35'W. should be avoided. In heavy weather the sea rents such as those due to drainage or oceanic breaks on the spots with 10 fathoms or less, and strong circulation. tide rips are encountered. The tide rips do not always (172) Away from the immediate vicinity of the shore, the indicate shoal water. tidal currents are generally rotary. They shift direction, (165) Vessels passing southward of the dangerous part of usually clockwise, at an average rate of about 30° an Georges Bank should keep in 30 fathoms or more. Ap- hour. They attain velocities of 1 to 2.4 knots or more proaching this part of the bank from eastward or south- throughout the Nantucket Shoals-Georges Bank area, ward, the water shoals gradually. Approaching from the the larger velocities occurring generally over the westward, the depths are irregular and the water shoals shoaler parts of the area. Between Nantucket Island abruptly in places of 20 fathoms or less. On the north and Sandy Hook their velocities generally do not ex- side of Georges Bank between longitudes 66°00'W., and ceed 0.5 knot except in the vicinities of the entrances to 68°00'W., the 100-fathom and 50-fathom curves are the larger bays and inland waterways, where the veloci- only a few miles apart, and when approaching the dan- ties increase as the entrances are approached. For con- gerous part of the bank from northward 50 fathoms siderable distances from the entrances, strengths of may be taken as a good depth to avoid the shoals. flood and ebb set, respectively, toward and away from (166) Vessels equipped with echo sounding devices and those entrances, and minimums of velocity, corre- following the 100-fathom curve along the south side of sponding to the slacks of reversing currents, set at Georges Bank can frequently verify their position when right angles to the directions of the flood and ebb crossing the several submarine gorges or canyons. strengths. (167) Approaching New York from the vicinity of (173) Offshore and away from the influence of the tidal Nantucket Shoals Lighted Whistle Buoy N, a slight al- flow into and out of the Gulf of Maine and the larger lowance should be made for a southwesterly set of the bays, the tidal current maintains an approximate uni- current. Should the wind be easterly, it is customary to form velocity. Shifting its direction continuously to the allow, in order to make a course good, a set of the cur- right, it sets in all directions of the compass during rent with it of at least 0.5 knot. each tidal cycle of 12.4 hours. (168) The North Atlantic Lane Routes are described in (174) In the offshore area between Cape Cod and Sandy NV PUB. 106, Atlas of Pilot Charts, North Atlantic Hook there is a resultant southward drift which is Ocean (including the Gulf of Mexico), published by
Cape Cod To Sandy Hook ■ Chapter 3 ■ 183 stronger in winter than in summer and has an average National Environmental Satellite, Data, and Informa- velocity less than 0.1 knot. tion Service (NESDIS) of the National Oceanic and Atmospheric Administration (NOAA). If further infor- Wind currents mation is needed in relation to the content of the (175) Wind currents are very complicated. Their veloci- weather articles, meteorological tables or climatologi- cal tables, contact the National Climatic Data Center, ties and directions depend upon a number of factors Attn: Customer Service Division, Federal Building, 151 such as velocity, direction, and duration of the wind, Patton Avenue, Room 120, Asheville, NC 28801-5001. the proximity of the coast and the direction of the You may also contact the CSD at 828-271-4994, or fax coastline. Generally in the Northern Hemisphere the your request to 828-271-4876. wind-driven current sets somewhat to the right of the (180) Climatological tables for coastal locations, meteo- wind, but in coastal waters there are many exceptions rological tables for the coastal ocean areas, and a table to this general rule, the current often setting to the left of mean surface water temperatures and densities rele- of the wind, due to the tendency of the current to follow vant to locations discussed within this volume are in the direction of the coastline or to other local condi- Appendix B. The climatological tables are a special ex- tions. traction from the International Station Meteorological (176) The velocity of the current relative to that of the Climate Summary. The ISMCS is a CD-ROM jointly wind also varies with the location. It follows, therefore, produced by the National Climatic Data Center, Fleet that local wind current information is desirable. Such Numerical Meteorology and Oceanography Detach- information based upon extensive current and wind ob- ment-Asheville, and the U.S. Air Force Environmental servations at a number of stations is given in the Tidal Technical Applications Center, Operating Location-A. Current Tables. The meteorological tables for the ocean areas are com- (177) The largest current velocities likely to occur dur- piled from observations made by ships in passage and ing storms at a number of locations offshore and in the extracted from the National Climatic Data Center’s sounds are given as follows: Pollock Rip Entrance Tape Deck-1129, Surface Marine Observations. Listed Lighted Whistle Buoy PR, 2.5 knots; Stone Horse in Appendix A are National Weather Service offices and Shoal, 4 knots; Great Round Shoal Channel Entrance radio stations which transmit weather information. Lighted Horn Buoy GRS, Nantucket Entrance, 2.5 (181) Marine Weather Services Charts published by the knots; 3 miles north of Nantucket Shoals Lighted National Weather Service show radio stations that Whistle Buoy N, 2.5 knots; Cross Rip Shoal, 2.5 knots; transmit marine weather broadcasts and additional in- Hedge Fence Lighted Gong Buoy 22, Nantucket Sound, formation of interest to mariners. These charts are for 2.5 knots; 3.3 miles southwestward of Cuttyhunk sale by the National Ocean Service Distribution Divi- Light, 2 knots; Brenton Reef, 1.5 knots; 0.5 mile south sion (N/ACC3). (See Appendix A for address.) of Bartlett Reef, Long Island Sound, 2.5 knots; 3 miles southward of Cornfield Point, 4 knots; 3 miles north of Extratropical Cyclones Nantucket Traffic Lane Lighted Whistle Buoy NB, 1.5 (182) One of the biggest problems in these waters is the knots. winter storm; the most powerful of these is the Weather, Cape Cod to Sandy Hook “Nor’easter”. It generates rough seas, strong winds and (178) From Georges Bank and the shoals of Nantucket to high tides that threaten safety at sea and cause damage in port. These storms do not often come without warn- New York Harbor, fog, currents, winds and waves are ing. Approaching from the U.S. mainland or from the constant threats to safe navigation. The following text seas to the south they are usually well forecasted. Diffi- describes the weather problems that face the mariner culty arises when they develop or deepen explosively off when navigating these waters. This section presents an the mid-Atlantic coast. Sometimes called “Hatteras overall, seasonal picture of the weather that can be ex- Storms”, these lows can grow from small, weak frontal pected in the offshore waters along the coast of the waves to full blown systems in less than 24 hours. Not mid-Atlantic region from Cape Cod, MA, to Sandy only can their circulation expand to cover most of the Hook, NJ. Detailed information, particularly concern- western North Atlantic but they often accelerate rap- ing navigational weather hazards, can be found in the idly northeastward. In the exposed waters these storms weather articles in the following chapters. can generate 40-foot (12 m) waves and hurricane force (179) All weather articles in this volume are the product winds. Each year more than 40 extratropical systems of the National Oceanographic Data Center (NODC) move across or close to this coast. They average about and the National Climatic Data Center (NCDC). The two to four per month, but as many as ten can affect the meteorological and climatological tables are the prod- region in a single month. Most systems are weak but a uct of the NCDC. Both centers are entities of the
184 ■ Chapter 3 ■ Volume 2 few generate gales and rough seas for hundreds of may not exceed 25 miles while in the greatest storms miles, particularly from September through April. the diameter may reach 500 miles. At the center is a (183) The major winter storm track runs in a line approx- comparatively calm, sometimes clear, area known as imately from Cape Hatteras to Cape Cod. Most of the the eye. The diameter of the eye can vary from about 5 storms that follow this track intensify; the center of in- to 25 miles. Winds are usually strongest near the cen- tensification is off Delaware Bay. In addition to the ter. They can reach 175 knots or more in an intense forecast, certain atmospheric changes indicate a storm hurricane. In the North Atlantic Region (West Indies, is approaching. The most dependable early indicator is Caribbean Sea, Gulf of Mexico and waters off the U.S. falling pressure. A definite weather change is likely if East Coast) the following terminology is used in tropi- you observe pressure falls exceeding 2 mb every 3 cal cyclone warnings issued by the National Hurricane hours; a drop of 5 mb/3 hours indicates a strong change Center (National Weather Service): while 10 mb/3 hours warns of an impending extreme (188) (1) Tropical Depression.–An organized system of event. clouds and thunderstorms with a defined circulation (184) As a storm approaches, winds strengthen, clouds and maximum sustained winds of 38 miles per hour (33 thicken and lower and precipitation begins. Early in knots) or less. the storm’s life wind waves can become steep very (189) (2) Tropical Storm.–An organized system of strong quickly, making it difficult to reach port especially thunderstorms with a defined circulation and maximum when you have to navigate an inlet where breaking sustained winds between 39 and 73 miles per hour (34 waves are treacherous. In deeper waters, waves can to 63 knots). build to over 20 feet. During winter the possibility of (190) (3) Hurricane.–An intense tropical weather system superstructure icing calls for an early course of action with a well-defined circulation and a maximum sus- based upon the latest forecast and a knowledge of your tained wind speed of 74 miles per hour (64 knots) or vessel. greater. (191) While the following term is not normally used in Cold Fronts tropical cyclone advisories it may appear in related (185) This weather hazard usually approaches from the products. (192) (1) Tropical Wave.–A minor tropical disturbance in west through north. Ahead of the front, winds are usu- the easterly trade winds, which could develop into a ally squally and often blow out of the south through tropical depression but lacks evidence of a closed circu- southwest. Cirrus clouds give way to Altocumulus or lation; also known as easterly wave. Altostratus and Nimbostratus, then Cumulonimbus. (193) Along the coast, greater damage may be inflicted by Pressure falls moderately and showers, and perhaps water than by wind. Prolonged winds blowing toward thunderstorms, occur. Seas become choppy. With the shore can increase water levels from about 3 to 10 feet frontal passage winds shift rapidly to the west and (1 to 3 m) above normal. This storm tide may begin northwest. Strong gusts and squalls continue. Clearing when the tropical cyclone center is 500 miles or more usually occurs a short distance behind the front as the away. It gradually increases until the winds change di- cold air moves in. Cold fronts can move through the rection. On top of this the low pressure in the storm’s area quite rapidly. Their speed varies from about 10 to center can create a ridge or wall of water known as a 20 knots in summer up to 40 knots in winter. From surge. This will move in the direction of the storm’s spring through fall these fronts are often preceded by movement and can be disastrous. The effect may be dense fog. similar to that of a tsunami (seismic sea wave) caused (186) During the spring and summer when the air ahead by earthquakes in the ocean floor. Storm surges can of the cold front may be very unstable, a line of thun- push these tides to 20 feet (6.1 m) or more above nor- derstorms, known as a squall line, may develop. These mal. About 3 to 4 feet (1 to 1.2 m) of this is due to the instability lines can form 50 to 300 miles ahead of a fast decrease of atmospheric pressure and the rest to the moving front. They may even contain tornados or wa- strong winds. Additional water damage results from terspouts. These storms can inflict considerable dam- the pounding of sea and swell. Torrential rains, gener- age on fishing vessels and small craft. ated by tropical cyclones, can cause both flash floods and river floods from inland rains. Tropical Cyclones (187) A tropical cyclone is a warm core, low pressure sys- Tropical Cyclone climatology (194) In an average season nine or ten tropical cyclones tem that develops over tropical oceans. It exhibits a ro- tary, counterclockwise circulation in the Northern develop and five of these reach hurricane strength; Hemisphere around a center or “eye”. In small tropical about two hurricanes reach the U.S. While they may cyclones the diameter of the area of destructive winds
Cape Cod To Sandy Hook ■ Chapter 3 ■ 185 develop in any month, June through November is gen- to the public by the National Hurricane Center through erally considered the tropical cyclone season, with a local Hurricane Warning Offices in order that defense peak in August, September and October. Early and against damage, and perhaps evacuation, can be im- pre-season storms, from May through mid-July, are planted. Two levels of warnings are employed. The most likely to originate in the western Caribbean Sea “Hurricane Watch” is a preliminary alert that a hurri- and Gulf of Mexico. From mid-July through late Sep- cane may threaten a specified portion of the coast. It is tember this development is spread through the main issued approximately 36 hours before landfall could oc- basin of the tropical Atlantic and a much more persis- cur. The second level is the “Hurricane Warning”, tent westerly movement is noticeable. From late Sep- which indicates that hurricane conditions are expected tember through November, activity gradually confines within 24 hours in advance of landfall. It is aimed at itself to the Caribbean and Gulf of Mexico. A northerly providing the best compromise between timeliness and movement, similar to early season storms, becomes accuracy for civil defense purposes so that its warning more apparent. However, because of the large reservoir may be too late to allow ocean-going vessels to get un- of heat available at the end of the season, these storms derway and complete a successful evasion in open wa- are often more intense than their early season counter- ter. To compensate for this, the Marine Advisory parts. contains additional guidance in the form of probabili- (195) The most common path is curved, the storms first ties of hurricane strikes, for coastal locations and even moving in a general westward direction, turning later offshore coordinates, and storm position forecasts for to the northwestward and finally toward the northeast. up to 72 hours in advance. A considerable number, however, remain in low lati- tudes and do not turn appreciably toward the north. Hurricane Havens Freak movements are not uncommon, and there have (199) This section is condensed from the Hurricane Ha- been storms that described loops, hairpin-curved paths, and other irregular patterns. Movement toward vens Handbook for the North Atlantic Ocean pub- the southeast is rare, and, in any case, of short dura- lished by the Marine Meteorology Division, Naval tion. The entire Caribbean area, the Gulf of Mexico, the Research Laboratory, Monterey, CA 93943, and avail- coastal regions bordering these bodies of water, and the able on the internet at https://www.nrlmry.navy.mil/ Atlantic Coast are subject to these storms during the pubs.htm. While this study concentrates on New York, hurricane season. NY, New London, CT, and Newport, RI, the climatology (196) The average speed of movement of tropical cy- and principles of navigation can be applied to the entire clones is about 10 to 15 knots. This speed, however, var- region; the navigation information can be applied to ies considerably according to the storm’s location, winter storms as well. For practical purposes any tropi- development and the associated surface and upper air cal cyclone that approaches within 180 miles is consid- patterns. The highest rates of speed usually occur in ered a “threat”. Data is also incorporated from the the middle and higher latitudes and range up to 40 to Global Tropical/Extratropical Cyclone Climatic Atlas 50 knots. Storms are slowest during recurvature or CD-ROM jointly produced by the National Climatic when looping. They can also become stationary in the Data Center and the Fleet Numerical Meteorology and absence of steering currents. Oceanography Detachment-Asheville. (200) The classical doctrine held by most mariners is that Hurricane Warnings and Forecasts ocean-going ships should leave ports that are threat- (197) The civilian hurricane warning service for the ened by a hurricane. Despite this natural caution, ships continue to be damaged in port or after leaving port, as North Atlantic is provided by the National Hurricane a result of tropical cyclone encounters. This often Center/Tropical Prediction Center, Miami, Florida. It stems from the difficulty in forecasting tropical cy- collates ship, aircraft, radar and satellite data to pro- clone movement, although these forecasts have im- duce and issue tropical cyclone warnings and forecasts proved significantly in the past two decades. In addition for the North Atlantic Ocean, including the Caribbean to evaluating the forecast it is necessary to assess the Sea and Gulf of Mexico as well as the Eastern North Pa- risks of remaining in port or putting to sea according to cific Ocean. Its principal product is the Tropical Cy- the circumstances of the threat, the facilities of the clone Advisory message especially tailored for Marine, port and the capabilities of the vessel and crew. For an Aviation, Military and public interests. They are issued evaluation as to a course of action, several factors are every 6-hours with intermediate bulletins provided important. The risk of a particular port experiencing a when needed. hurricane is often dependent on seasonal and geo- (198) For tropical storms and hurricanes threatening to graphic influences. Forecasts of hurricane movements cross the coast of the U.S., coastal warnings are issued are more reliable in some areas, particularly the lower
186 ■ Chapter 3 ■ Volume 2 latitudes. In the mid-latitudes where storms are often three. The 1938 storm was the worst as winds in the recurving, the difficulty increases. It is important to New London area were estimated at 78 to 87 knots. know the sheltering capabilities of the port that is be- (203) In addition to strong winds, the hurricane brings ing considered and the speed of advance of tropical cy- rough seas, heavy rains, and storm surges. New York’s clones in the latitudes that you may be sailing. When Lower Bay is subject to wave action due to an open the tropical cyclone speeds approach or exceed vessel quadrant, east through south, to the Atlantic. The size speed, options become limited. and depth of the bay also provide sufficient fetch for a (201) Of the 117 tropical cyclones that threatened New strong wind to generate destructive waves. Deep ocean York from 1842-1995, 100 occurred from August swells approaching from the open quadrant would be through October with the main threat in September. reduced by shoals at the entrance to Lower Bay, be- The hurricane (winds> 64 knots) threat has a peak in tween Sandy Hook and Rockaway Point. Upper Bay, August and September; 81 of the 117 hurricanes oc- Newark Bay, lower Hudson River and East River are curred in those months. Tropical cyclones usually subject to limited wave action. Long Island Sound is a move in from the south or southwest. During this same deep water sound with a generous fetch in an east-west period New Haven was threatened by 108 tropical cy- direction. New London Harbor is well protected from clones, 91 of which occurred from August through Oc- wave action. Although a west wind can produce large tober. Hurricanes are most likely during August and seas in the Sound they are greatly reduced on entering September when 75 out of the total of 108 occurred. the harbor channel. Within Narragansett Bay wave ac- The direction of approach is most likely from the south tion is severely limited by short fetch for most wind di- or southwest. Because of the natural protection offered rections. Wave action generated within the Bay will by the shape of the coast from Cape Cod to Cape create minimal problems for ships at anchor if the Hatteras, most recurving storms either make landfall scope of chain employed is set to give the best riding south of Hatteras or pass New England well offshore to conditions. the southeast. The majority of storms pass well to the (204) Storm tides can produce a high water level, which southeast of New England, following the Gulf Stream. in addition to inundating coastal areas, may allow wind Occasionally storms accelerate on a more northerly waves to cause destruction in areas normally unaf- track similar to the disastrous hurricane of 1938, fected by waves. Combined storm surge and tide have which advanced rapidly up the east coast, offshore near produced water levels of over 10 feet (3 m) above mean Hatteras, across central Long Island, into Connecticut low water in the New York Harbor area and levels and finally through Vermont. This hurricane’s forward greater than 15 feet (4.6 m) above mean low water in speed reached 52 knots, an advance that would be diffi- western Long Island Sound. New London is one of the cult to prepare for, even with today’s sophisticated few east coast ports to have experienced a major storm warning methods. It is the exceptionally fast-moving surge in this century. The storm surge of September storm that poses the greatest threat. For example, 21, 1938 hit New London as an apparent tidal bore (wall based on climatology, a September storm located off of water) causing considerable destruction. This surge Miami would reach New York in about 3 or 4 days. How- was slightly greater than that expected once in a hun- ever, the 1938 hurricane traveled this distance in about dred years and was likely due to the fast moving nature 30 hours. Tropical cyclones tend to accelerate as they of this hurricane. At Newport storm tides were mea- move north of about 30°N. Forward speeds range from sured at 10.8 feet (3.3 m) above mean sea level during 25 to 30 knots for those crossing the New York – New the 1938 hurricane. The top winter extratropical storm England coast compared to 20 to 25 knots for those produced a 6.0-ft (1.8 m) surge on the 30th of Novem- passing offshore to the southeast. ber, 1963. (202) Since wind records were available in the New York (205) In summary, New York Harbor is recommended as Harbor area, sustained winds have reached hurricane a hurricane haven. It is a large national harbor with force (64 knots) only once. The September 1944 hurri- many excellent berthing facilities and good deep-water cane produced 64-knot winds at Central Park and anchorages. Natural topographic features and numer- 70-knot winds at La Guardia. Other hurricanes that ous man-made structures offer good wind protection. have caused considerable damage were storms in Sep- The bathymetry and orientation of the harbor relative tember 1821, September 1938, August 1954 (Carol) to the normal path of hurricanes tend to mitigate the and September 1960 (Donna). During a recent 44-year wind wave and ocean swell danger although storm period along the Connecticut-Rhode Island coast, three surge is a sufficient threat. The main New London har- hurricanes produced winds that have been estimated to bor is not a haven for most vessels during a hurricane have reached at least minimal hurricane strength. The although the inner harbor is considered safe for most 1944 hurricane, Carol and the 1938 storm were the ships. The surrounding topography provides some
Cape Cod To Sandy Hook ■ Chapter 3 ■ 187 protection from east through southeast winds for the (209) A giant or rogue wave might reach 25 feet (7.6 m) eastern shore of the main and inner harbor, however in these circumstances. These rogue or “killer” waves the lower western shore of the main harbor is very ex- occur when the large number of different waves that posed to southeast through south winds. The entire make up a sea occasionally reinforce each other. This harbor is subject to the possibility of major storm surge action creates a wave that is much steeper and higher flooding. The port of Newport is located inside than the surrounding waves. These rogue waves often Narragansett Bay, which has deep water anchorages occur in a stormy sea and are described by mariners within its confines. Although these anchorages are not who have experienced them, as coming out of nowhere well sheltered from winds, they have proven hurricane and disappearing just as quickly. If significant wave haven properties for ships able to steam at anchor. heights are observed at 20 feet (6.1 m) then a rogue (206) Flooding associated with hurricane-induced high wave could reach 50 feet (15.2 m) if the water depth tides is the principle threat to small craft in the area. could support it. They should be hoisted and secured ashore above pro- jected flood levels whenever possible. Best protection is (210) Rough sea conditions are usually generated by inside some type of storage building to prevent possible gales out of the northwest through northeast. Waves damage by flying objects or to prevent the possibility of greater than 8 feet (2.4 m) occur about 10 to 15 percent broken tie-downs in high winds. Local knowledge is the of the time in winter. From fall through spring, wave best guide to weathering a storm in small harbors. heights of more than 7 feet (2.1 m) frequently last one day or more; in midwinter they often last 2 days or Waves more. In addition to coastal storms, cold fronts with (207) In late March of 1984 a 968-mb Low off the New rapidly shifting winds can create dangerous seas. Jersey coast generated a 33-foot (10.1 m) wave at Buoy (211) Steep waves are often more dangerous than high 44005 (42.7°N., 68.3°W) while Buoy 41002 (40.1°N., waves with a gentle slope. Waves appear menacing 73.0°W) measured a 47-foot (14.3 m) wave during Glo- when the ratio of wave height to length reaches about ria in September 1985. Systems similar to these are 1/18. They begin to break when this ratio is about 1/10. partly responsible for the rough seas encountered Steepest waves develop when strong winds first begin along this coast from September through April. The to blow or early in a storm’s life. The ship no longer Buoy closest to the area, 44003, (40.8°N., 68.5°W), in rides easily but is slammed. Steep waves are particu- 10 years of operation has measured a 29-foot (8.8 m) larly dangerous to small craft. When wave heights are wave in February and 25-foot (7.6 m) waves from Octo- greater than 5 feet, periods of less than 6 seconds can ber through April. It has been estimated that over the create problems for boats under 100 feet in length. open waters along this coast maximum significant Waves of 10 feet or more with periods of 6 to 10 seconds waves should reach 30 feet (9 m). The table below (ex- can affect comfort in 100- to 200-foot (30.5 to 61 m) tracted from Marine Weather of Western Washington. vessels. When wind waves reach 20 feet they become Kenneth E. Lilly, Jr., Commander, NOAA, Starpath hazardous to vessels under 200 feet in length and pro- School of Navigation, 1983) shows the relationship be- vide a rough ride for larger ships. Waves moving into tween significant and other wave heights. shallow water become steeper and break when the (208) This table can be used to project a range of wave depth is about 1.3 times the wave height. Areas such as heights that might be expected in deep water. If signifi- Nantucket Shoal and Georges Shoals are dangerous in cant wave heights of 10 feet (3 m) are forecast then the heavy weather. Wave steepness is also increased by tidal most frequently observed waves should be 5- to 6-foot currents, particularly when they oppose the wind. (1.7 to 1.8 m) range while one wave in 100 should reach 17 feet. (212) Swells can create problems for larger vessels. About one-half of the waves of 10 feet (3 m) or more, in Wave Heights from Significant Wave Heights (SWH) these waters, are swells from distant storms. They are uncomfortable to ships that roll or pitch in sympathy. Most frequent wave heights: 0.5 x SWH Swells with 500- to 1000-foot (152 to 305 m) wave lengths affect ships of these lengths. When steaming Average wave heights: 0.6 x SWH into such swells a resonance is set up until the bow digs into the waves. The resulting pitch will cause more of a Significant wave heights (average height 1.0 x SWH power loss than a roll caused by a sea. Swells with wave of highest 33%): lengths that range from about three-fourths to twice Height of highest 10% of the waves: 1.3 x SWH the ship’s length can have this effect. Pitching is heavi- One wave in 1,175 waves: 1.9 x SWH est when the ship’s speed produces synchronism be- One wave in 300,000 waves: 2.5 x SWH tween the period of encounter and the ship’s natural
188 ■ Chapter 3 ■ Volume 2 pitching period–this often occurs at or near normal land cools more rapidly often resulting in a weak ship speeds. breeze off the land. In many locations the sea breeze (213) When in running before a following sea, the great- serves to reinforce the prevailing summer wind. est danger arises when speed is equal to that of the waves or when the waves overtake the ship so slowly Visibilities that an almost static situation is created with the vessel (217) Fog, precipitation, smoke and haze all reduce lying on the wave crest. In this latter case stability is so reduced that a small vessel could capsize. Waves on the visibilities. Fog is the most restrictive and persistent. It quarter or astern can also result in very poor steering forms when warm, moist air moves across colder water, quality. As seas move along the vessel from aft to for- when very cold air moves over warmer water, or when ward the rudder is less effective and the boat may be moist air is cooled to near its dew point by radiation or slewed across the face of a sea filling the decks with wa- rainfall. These conditions can be triggered by a number ter as she broaches. She could lose her stability and of weather situations. capsize, particularly if the boat is trimmed by the head. (218) Prior to the arrival of a cold front there is often a warm, southerly flow of air across cool Gulf waters re- Winds sulting in dense fog. Warm or stationary fronts can also (214) Migratory weather systems cause winds that fre- bring fog while rainfall from lows and fronts can create an evaporation fog. Along the coast radiation fog is quently change in strength and direction. In general common on clear, calm nights although it usually winds are generally westerly but often take on a north- burns off during the morning hours. In the spring, erly component in winter and a southerly one in sum- coastal fog may occur near the mouths of rivers and mer. Strongest winds are generated by lows and cold streams that are fed by cold snowmelt. fronts in fall and winter and by fronts and thunder- (219) Sea temperatures increase, in general, from north storms during spring and summer. Extreme winds are to south, but the variation is usually only a few degrees usually associated with a hurricane or severe north- over open water. Close to the coast, water temperatures easter and could reach 125 knots. Sustained winds of are usually warmer in summer and colder in winter 100 knots should occur about every 50 years on the av- than offshore readings. Water temperatures in summer erage; gusts are usually about 30 percent higher. range from about 66° to 74°F (18.9 to 23.3°C) while in (215) In the open seas, away from the influence of land, winter the range is from about 34° to 37°F (1.1 to 2.8°C). winds are stronger and less complex. From December (220) Advection fog is most common in late spring and through March they are mainly out of the west through early summer when south and southwest winds bring north with gales occurring about 6 to 12 percent of the warm humid air over the still-cold Labrador Current. time. Windspeeds, in general, increase with distance Near Georges Bank visibilities fall to less than 1 mile up from the coast. If winds persist for a long time over a to 30 percent of the time. While these frequencies drop long fetch they will generate rough seas. Winter to the southwest, fog remains a problem in this season. windspeeds of 20 knots or more persist for more than (221) The areas along the coast, at the heads of bays 12 hours about 50 percent of the time; however these within the rivers, may be comparatively clear while fog winds often shift and a new fetch is established. Sum- is very thick outside. The frequency of fog over land and mer winds are usually out of the south through south- water is usually in opposition. Land fog is often most west and gales are infrequent. During the spring and frequent in fall and winter compared to the spring and fall winds are more variable. summer maximum of sea fog. Consequently figures for (216) Coastal winds are complex since they are influ- poor visibility at inland or sheltered harbors are no enced by the topography. Over land speeds are reduced. guide to conditions at sea or in the approaches. However channels and headlands can redirect the wind and even increase the speed by funneling the wind. In Superstructure Icing general you will find southerly components in summer (222) Heavy winter weather can cause ice to collect on and northerly ones in winter. In sheltered waters like Buzzard Bay, Narragansett Bay and the harbors of Long ships sailing these waters. At its worst superstructure Island Sound there are a large percentage of calms, par- icing can sink a vessel. When air temperature drops be- ticularly during the morning hours. When the existing low the freezing point of sea water (About 28.6°F) circulation is weak and there is a difference between strong winds and rough seas will cause large amounts land and water temperature, a land-sea breeze circula- of sea spray to freeze to the superstructure and those tion may be set up. As the land heats faster than the wa- parts of the hull that escape a frequent washing by the ter, a sea breeze is established during the day; this sea. Ice amounts increase rapidly with falling air and onshore flow may reach 15 knots or more. At night the sea temperatures as well as increasing windspeeds. The most dangerous conditions exist when gales last for
Cape Cod To Sandy Hook ■ Chapter 3 ■ 189 several days in temperatures of 28°F or lower. The ice Optical Phenomena buildup on a trawler can exceed 5 tons per hour. (227) Optical phenomena range from electromagnetic (223) A moderate rate of ice accumulation usually occurs when air temperatures are equal to or less than 28°F displays to intricate geometrical patterns. The aurora with winds of 13 knots or more. When air temperatures and Saint Elmo’s fire are electromagnetic displays. drop to 16°F or below and winds reach 30 knots or Halos, coronas, parhelia, sun pillars, and related effects greater, ice collects more rapidly. On a 300- to 500-ton are optical phenomena associated with the refraction vessel it would accumulate at more than 4 tons per and diffraction of light through suspended cloud parti- hour and is called severe. December, January and Feb- cles; mirages, looming, and twilight phenomena such ruary are the worst months. The potential for moderate as the “green flash” are associated with refraction of icing exists about 5 to 10 percent of the time. light through air of varying density. Occasionally, sun- (224) In addition to sea spray, ice is also caused by freez- light is refracted simultaneously by cloud suspensions ing rain or drizzle and fog in freezing conditions. While and by dense layers of air producing complex symmet- these two causes could create enough weight on the ric patterns of light around the sun. A mirage is caused rigging to cause it to fall, this is minor in comparison by refraction of light rays in a layer of air whose density with the freezing spray hazard. Icing on the super- increases or decreases rapidly, near the surface. A structure elevates the center of gravity, decreasing the marked decrease in density with increasing altitude metacentric height. It increases the sail area and heel- causes looming, towering, and superior mirages. ing moment due to wind action. Its non-uniform distri- Looming occurs when objects appear to rise above bution changes the trim. It can hamper steerability and their true elevation. Objects below the horizon may ac- lower ship speed. Icing also creates hazardous deck tually be brought into view. This apparent effect often conditions. leads to a serious underestimation of horizontal dis- (225) If you can’t avoid the weather conditions that cause tances. Unimpressive landmarks, and distant ships may icing, experience and research have helped develop acquire startling characteristics through apparent ver- some guidelines. The first two courses of action when tical stretching; this phenomenon is known as tower- encountering potential icing conditions are to seek ing. A superior mirage is so named because of the shelter from the sea and to steer towards warmer water. appearance of an image above the actual object. Ships Once icing has begun it is prudent to slow down have been seen with an inverted image above and an enough so that little or no spray is taken aboard. It is upright image floating above that. also important to keep ice from building up by what- (228) Inferior mirages result from the upward bending of ever means are available. This includes crewmen using light rays in an unstable air mass. This phenomenon is tools or baseball bats to remove ice from the deck and observed locally whenever a superheated land mass or a superstructure. wide expanse of open water is overrun by cold air. (226) Any effort to control the rate of accumulation will Sinking below the horizon, of relatively close objects, buy time. In general heaving to with the bow into the may result in an overestimation of horizontal dis- wind and sea as much as possible and varying the tances. Occasionally, a complicated vertical tempera- course slightly to ensure a minimum symmetrical ture distribution may transform hilly coastlines into build up is a good rule. However, experiments have impressive walls of lofty pinnacles. This phenomenon shown that on a trawler with its stern to the wind, loss is known as Fata Morgana. On clear days, just as the up- of stability is only about one-half of that in the ahead per rim of the sun disappears below the horizon, green condition. When the wind is 30 degrees off the bow the light is sometimes refracted from the solar spectrum. loss of stability is 50 percent greater than in the ahead This brief phenomenon is called the green flash. condition. Also ice accumulates more rapidly on the (229) Floating ice crystals (cirriform clouds, light snow windward side causing a heeling into the wind. This flakes, ice fog, or drifting snow) may cause the refrac- listing is partially offset by the action of the wind so tion of light into a variety of faintly colored arcs and ha- that a shift to a reciprocal course after icing has built los. This phenomenon, which may be recognized from up could be disastrous. When ice builds up significantly the fact that the red band is closest to the light source, it is important to remember that the removal of one includes halos, arcs that open toward or away from the ton of ice 50 feet from the vessel’s center of gravity is as sun, mock images, and various geometrical figures that effective as removing 10 tons of ice 5 feet above the cen- may be located in various parts of the sky with refer- ter of gravity. ences to the sun. (230) Fogbows, resulting from refraction through sus- pended water particles, are seen in the region of the sky directly opposite from the sun, or the antisolar point. These bows, although occasionally brilliantly colored,
190 ■ Chapter 3 ■ Volume 2 are normally seen as broad white bands with faintly col- Elmo’s fire is restricted to the tips of such objects as ored borders. Rainbows are also observed. ship masts, wind vanes, and airplane wings. (231) When atmospheric particles are about equal in size to the wavelength of light, diffraction is likely to occur. Dew Point Diffractional phenomena frequently show properties (236) The temperature at which condensation to water similar to those of refraction except for the reversal in the spectrum colors, violet now being closest to the droplets occurs is called the dew point. If this dew point source of light. The Brocken bow, or glory, appears on is above freezing, condensation will be in the form of clouds or fog banks as a colored ring around the pro- water. When the dew point reaches freezing, ice crys- jected shadow of the observers head. The solar and lu- tals will be deposited on cold surfaces. Knowledge of nar coronas, which are observed only through high the dew point along with cargo temperature and mois- clouds, resemble the halo except that they may assume ture content is vital for hold ventilation decisions. It is increasingly larger diameters as the size of the particles also a parameter used in forecasting fog formation. decrease. When the light from the sun or the moon is diffracted by cirrus or cirrostratus, iridescence may Cargo Care sharply delineate the outline of clouds in brilliant (237) When free air has a dew point temperature higher green, blue, pink, orange, or purple. (232) Refraction of sunlight takes place whenever the in- than the temperature of the surface with which it co- tervening particles are larger than the wavelength. mes in contact, the air is often cooled sufficiently below Thus, sunlight that is reflected from ice crystals is its dew point to release moisture. When this happens transformed into sun pillars and parhelic circles. When on board ship, condensation will take place on rela- both phenomena occur in combination they form the tively cold cargo or on the ship’s structure within the remarkable sun cross. Paricelenci circles are observed hold where it later drips onto the cargo. Thus, if cargo with moonlight. is stowed in a cool climate and the vessel sails into (233) The auroral borealis (northern lights) and St. warmer waters, ventilation of the hold with outside air Elmo’s fire are two types of electrical phenomena will likely lead to sweat damage in any cargo sensitive sometimes observed in this region. The zone of maxi- to moisture. Under such conditions external ventila- mum auroral frequency extends along the periphery of tion should, as a rule, be closed off entirely, unless the a 20- to 25- degree circle whose center is at the mag- cargo generates internal heat, that hazard being netic pole. Auroras are generally associated with greater than sweat damage. In the opposite case, when moonless nights. An artificial maximum exists in win- a vessel is loaded during a warm period, and moves into ter because of the longer hours of darkness. No conclu- cooler weather, vulnerable cargo should be ventilated. sive evidence is available to show that a seasonal (238) A safe rule for ventilation directed toward moisture variation in the frequency of auroras exists. However, control may be stated as follows: Whenever accurate periods of intense sunspot activity are reflected in a measurements show the outside air has a dew point be- maximum occurrence of this electrical phenomenon. low the dew point of the air surrounding the cargo to be (234) Generally auroras may be classified as having ei- protected, such outside air is capable of removing ther a ray structure (rays, streams, draperies, corona) moisture from the hold and the ventilation process can or a nebulous appearance (homogeneous quiet arc, ho- be safely started. Whenever the reverse is true, and the mogeneous band, pulsating arcs, pulsating surfaces, outside dew point is higher than the dew point temper- diffuse luminous surfaces, and feeble glow). Flaming ature around the cargo, then ventilation will increase auroras, which fall in neither category, may be added to the moisture content of the hold and may readily result this list. Moreover, auroras may remain uniformly red, in sweating within the ship. The above does not take green, or purple, or assume a rapid succession of these into account possible fumes or gases in the compart- colors. Brilliant shifting auroras are invariably accom- ment. In such cases discretion must be used. panied by magnetic storms and electrical interference with communications. Ice (235) St. Elmo’s fire is occasionally observed in this area, (239) (Refer to discussion under ports affected.) but because of its faintness it is most commonly ob- (240) During some winter months or when threatened served during the night hours and on dark overcast days. These eerie flickers of bluish light are usually by icing conditions, lighted buoys may be removed caused by the unusual electrification of the snow-filled from station or replaced by unlighted buoys; unlighted air, which is most likely when the wind is strong. St. buoys, daybeacons and lights on marine sites also may be removed. (See Light List.) (241) The International Ice Patrol (IIP) was formed in 1914 to patrol the Grand Banks of Newfoundland, to detect icebergs, and to warn mariners of their location.
Cape Cod To Sandy Hook ■ Chapter 3 ■ 191 Under the 1974 Safety of Life at Sea (SOLAS) Conven- SIZES OF ICEBERGS tion, 17 member-nations agree to share the $5 million annual cost of operating the patrol. The U.S. Coast SIZE HEIGHT LENGTH Guard conducts the patrol and maintains IIP records. (242) The IIP is coordinated from its operations center at (feet) (meters) (feet) (meters) Groton, Connecticut. Its staff numbers 16, including Coast Guard and civil service specialists. The ice season Growler (G) 0-3 0-1 0-19 0-5 typically runs from February through July, but can last longer. Flying out of St. John’s, Newfoundland, USCG Small (S) 4-50 1-15 20-200 6-60 aircraft cover the ice danger area, a piece of water twice the size of the State of Texas. Its southern boundary is Medium (M) 51-150 16-45 201-400 61-122 the latitude of New York City and it reaches halfway across the Atlantic with Newfoundland on the north- Large (L) 151+ 46+ 401+ 123+ west and Greenland and Iceland on its north and north- east. A normal flight lasts seven hours and can cover SHAPE TYPES OF ICEBERGS 35,000 square miles. Blocky (243) Once sighted, a berg’s location, size and shape are Tilted Blocky DESCRIPTION entered into a computer drift model, used until the berg is re-sighted or melts. The IIP attempts to locate Drydock Steep sides with flat top. Very solid. and track all icebergs south of the 50th parallel, and Pinnacled Length-height ratio less than 5:1. particularly those south of 48°N., which may be haz- Dome ardous to navigation near the Grand Banks. When Tabular Blocky iceberg which has tilted to present sighting data is entered into the drift program, pre- a triangular shape from the side. dicted positions of bergs are calculated for 1200 UTC. (244) All shipping is requested to assist the IIP by report- Eroded such that a large U-shaped slot is ing all sightings of ice at once to the IIP through any formed with twin columns. Slot extends U.S. or Canadian Coast Guard communications station. into or near waterline. Ice sightings reports should include: precise position, size and shape of berg, sea surface temperature, and Large central spiral or pyramid. concentration and thickness of sea ice. Reports can be sent to COMINTICEPAT GROTON CT through Large round smooth top. Solid-type ice- INMARSAT-C: Code 42. There is no charge for iceberg berg. reports made using Code 42. (245) The IIP Operations Center can be reached by tele- Flat-topped iceberg with length-height phone at 860-441-2626, or via the Coast Guard Atlantic ratio greater than 5:1. Area Operations Center at 757-398-6231. (246) A radio facsimile chart of the area depicting 1200Z Principal Ports ice distribution is broadcast three times daily. A list of (249) The principal deep-draft commercial ports within the radio stations broadcasting IIP Bulletins and fre- quencies and times of broadcasts is published annually the area of this Coast Pilot are: New Bedford and Fall in Local Notices to Mariners of the First Coast Guard River, Mass.; Tiverton and Providence, R.I.; New Lon- District and in Radio Navigational Aids, Pub. 117, is- don and Bridgeport, Conn.; New York, Albany and Port sued by the National Geospatial-Intelligence Agency. Jefferson, N.Y.; and Elizabeth and Newark, N.J. (247) The IIP seeks comment on its services to mariners, (250) Other deep-draft facilities are located on Cape Cod particularly on the effectiveness of the times and fre- Canal; Narragansett Bay; off Northville and Northport, quencies of radio transmissions. Mariners are re- N.Y., on Long Island Sound; and on the Hudson River quested to mail facsimile charts received at sea to: between New York City and Albany, N.Y. (248) International Ice Patrol, 1082 Shennecossett Road, Groton, CT 06340-6095. The frequency used, time of Pilotage receipt, and vessel position at time of receipt should be (251) Pilotage, with few minor exceptions, is compulsory indicated. Additional customer comments can be di- rected to IIP Customer Service at 877-423-7287. for all foreign vessels and U.S. vessels under register entering and departing the Port of New York and New Jersey and other ports within the area of this Coast Pi- lot, and for all such vessels transiting Block Island Sound, Narragansett Bay, and Long Island Sound. (See 207.20, chapter 2, for Pilotage Regulations on the Cape Cod Canal.) (252) Pilotage is optional for coastwise vessels that have on board a pilot properly licensed by the Federal Gov- ernment for the waters which the vessel travels. (253) Arrangements for pilots should be made by the ships’ agents at least 24 hours in advance at all of the ports. New York is the only port at which the pilot boat remains on station. Detailed information on pilotage procedures is given in the text for the ports concerned.
192 ■ Chapter 3 ■ Volume 2 Towage Standard Time (254) Tugs are available at all major ports; they can usu- (261) The area covered by this Coast Pilot uses eastern ally be obtained for the smaller ports on advance notice standard time (e.s.t.), which is 5 hours slow of Green- if none are available locally. Arrangements for tugs wich mean time (G.m.t.). Example: When it is 1000 at should be made in advance through ships’ agents or the Greenwich it is 0500 at New York City. pilots. (See the text for the ports concerned as to the availability of tugs.) Daylight saving time (262) Throughout the area of this Coast Pilot, clocks are Vessel Arrival Inspections (255) Quarantine, customs, immigration, and agricul- advanced 1 hour on the second Sunday of March and are set back to standard time on the first Sunday of No- tural quarantine officials are stationed in most major vember. U.S. ports. (See Appendix A for addresses.) Vessels sub- ject to such inspections generally make arrangements Legal public holidays in advance through ships’ agents. Unless otherwise di- (263) New Year’s Day, January 1; Martin Luther King, rected, officials usually board vessels at their berths. (256) Harbormasters, where appointed, are mentioned Jr.’s Birthday, third Monday in January; Washington’s in the text. They usually have charge of the anchorage Birthday, third Monday in February; Memorial Day, last and berthage of vessels. Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Columbus Day, second Supplies Monday in October; Veterans Day, November 11; (257) General supplies, including fuel oil, diesel oil and Thanksgiving Day, fourth Thursday in November; and Christmas Day, December 25. The national holidays are fuel, gasoline, water, and marine supplies are available observed by employees of the Federal Government and at the principal ports. Similar items but in more lim- the District of Columbia, and may not be observed by ited quantities can be obtained at many places men- all the States in every case. tioned under descriptions of the different ports. (264) In addition, the following holidays are also ob- served in the States covered by this Coast Pilot: Repairs-salvage-wrecking (265) Lincoln’s Birthday, February 12: Connecticut, New (258) Complete facilities for large vessels are available in Jersey, and New York. (266) Evacuation Day, March 17: Massachusetts, Boston New York Harbor. The extent and types of facilities at and Suffolk County only. other places are shown in the text under the descrip- (267) Good Friday: Connecticut and New Jersey. tion of the ports. (268) Patriots Day, third Monday in April: Massachusetts. (269) Rhode Island Independence Day, May 4: Rhode Is- Small-craft facilities land. (259) There are numerous places where fuel, supplies, (270) Bunker Hill Day, June 17: Massachusetts, Boston and Suffolk County only. repairs, slips for dockage, and launching ramps are (271) Victory Day, second Monday in August: Rhode Is- available for small craft. For the various towns and iso- land. lated places, the Coast Pilot includes generalized infor- (272) General Election Day, first Tuesday after the first mation about marine facilities; details are given in the Monday in November: New Jersey, New York, and series of small-craft charts published for many places. Rhode Island. (260) A vessel of less than 65.6 feet (20 meters) in length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a nar- row channel or fairway. (Navigation Rules, Interna- tional-Inland Rule 9(b).)
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