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nel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such vessel.

(b) Whenever a power-driven vessel is nearing a bend in a channel where a vessel approaching from the other direction cannot be seen, such powerdriven vessel, when she shall have arrived within one-half (2) mile of the bend, shall give a signal by one prolonged blast on her whistle which signal shall be answered by a similar blast given by any approaching power-driven vessel that may be within hearing around the bend. Regardless of whether an approaching vessel on the farther side of the bend is heard, such bend shall be rounded with alertness and caution.

(c) In a narrow channel a power-driven vessel of less than 65 feet in length shall not hamper the safe passage of a vessel which can navigate only inside such channel. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 207.)

CODIFICATION

See Historical Note under section 1053 of this title. EFFECTIVE DATE

Section effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1080 of this title.

§ 1088. Right of way of fishing vessels; obstruction of fairways (Rule 26).

All vessels not engaged in fishing, except vessels to which the provisions of section 1064 of this title apply, shall, when under way, keep out of the way of vessels engaged in fishing. This section shall not give to any vessel engaged in fishing the right of obstructing a fairway used by vessels other than fishing vessels. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 207.)

CODIFICATION

See Historical Note under section 1053 of this title. EFFECTIVE DATE

Section effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1080 of this title. § 1089. Special circumstances requiring departure from rules to avoid immediate danger (Rule 27).

In obeying and construing sections 1061 to 1094 of this title due regard shall be had to all dangers of navigation and collision, and to any special circumstances, including the limitations of the craft involved, which may render a departure from such sections necessary in order to avoid immediate danger. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 207.)

CODIFICATION

See Historical Note under section 1053 of this title.
EFFECTIVE DATE

Section effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1080, 1090 of this title.

SOUND SIGNALS FOR VESSELS IN SIGHT OF ONE ANOTHER

§ 1090. Sound signals indicating course (Rule 28). (a) Meaning of blasts.

When vessels are in sight of one another, a powerdriven vessel under way, in taking any course authorised or required by sections 1061 to 1094 of this title, shall indicate that course by the following signals on her whistle, namely—

One short blast to mean "I am altering my course to starboard".

Two short blasts to mean "I am altering my course to port".

Three short blasts to mean "My engines are going astern".

(b) Doubt as to action of other vessel.

Whenever a power-driven vessel which, under sections 1061 to 1094 of this title, is to keep her course and speed, is in sight of another vessel and is in doubt whether sufficient action is being taken by the other vessel to avert collision, she may indicate such doubt by giving at least five short and rapid blasts on the whistle. The giving of such a signal shall not relieve a vessel of her obligations under sections 1089 and 1091 of this title or any other provision of sections 1061 to 1094 of this title, or of her duty to indicate any action taken under sections 1061 to 1094 of this title by giving the appropriate sound signals laid down in this section.

(c) Simultaneous operation of whistle and visual signals.

Any whistle signal mentioned in this section may be further indicated by a visual signal consisting of a white light visible all round the horizon at a distance of at least 5 miles, and so devised that it will operate simultaneously and in conjunction with the whistle-sounding mechanism and remain lighted and visible during the same period as the sound signal.

(d) Additional signals between ships of war or vessels sailing under convoy.

Nothing in sections 1061 to 1094 of this title shall interfere with the operation of any special rules made by the Government of any nation with respect to the use of additional whistle signals between ships of war or vessels sailing under convoy. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 207.)

CODIFICATION

See Historical Note under section 1053 of this title.

EFFECTIVE Date

Section effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1080 of this title.

MISCELLANEOUS RULES

§ 1091. Usual additional precautions required generally (Rule 29).

Nothing in sections 1061 to 1094 of this title shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution

which may be required by the ordinary practice of seamen, or by the special circumstances of the case. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 208.)

CODIFICATION

See Historical Note under section 1053 of this title. EFFECTIVE DATE

Section effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1080, 1090 of this title.

§1092. Reservation of rules for harbours and inland navigation (Rule 30).

Nothing in sections 1061 to 1094 of this title shall interfere with the operation of a special rule duly made by local authority relative to the navigation of any harbour, river, lake, or inland water, including a reserved seaplane area. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 208.)

CODIFICATION

See Historical Note under section 1053 of this title.

EFFECTIVE DATE

Section effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title.

§ 1093. Distress signals (Rule 31).

(a) When a vessel or seaplane on the water is in distress and requires assistance from other vessels or from the shore, the following shall be the signals to be used or displayed by her, either together or separately, namely—

(i) A gun or other explosive signal fired at intervals of about a minute.

(ii) A continuous sounding with any fogsignalling apparatus.

(iii) Rockets or shells, throwing red stars fired one at a time at short intervals.

(iv) A signal made by radiotelegraphy or by any other signalling method consisting of the group . . . . . . in the Morse Code. (v) A signal sent by radiotelephony consisting of the spoken word "Mayday".

(vi) The International Code Signal of distress indicated by N.C.

(vii) A signal consisting of a square flag having above or below it a ball or anything resembling a ball.

(viii) Flames on the vessel (as from a burning tar barrel, oil barrel, &c.).

(ix) A rocket parachute flare or a hand flare showing a red light.

(x) A smoke signal giving off a volume of orange-coloured smoke.

(xi) Slowly and repeatedly raising and lowering arms outstretched to each side.

NOTE.-Vessels in distress may use the radiotelegraph alarm signal or the radiotelephone alarm signal to secure attention to distress calls and messages. The radiotelegraph alarm signal, which is designed to actuate the radiotelegraph auto alarms of vessels so fitted, consists of a series of twelve dashes, sent in 1 minute, the duration of each dash

being 4 seconds, and the duration of the interval between 2 consecutive dashes being 1 second. The radiotelephone alarm signal consists of 2 tones transmitted alternately over periods of from 30 seconds to 1 minute.

(b) The use of any of the foregoing signals, except for the purpose of indicating that a vessel or seaplane is in distress, and the use of any signals which may be confused with any of the above signals, is prohibited. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 208.)

CODIFICATION

See Historical Note under section 1053 of this title. EFFECTIVE DATE

Section effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title.

ANNEX TO RULES

§ 1094. Other general considerations. Assumptions to be avoided.

(1) Assumptions made on scanty information may be dangerous and should be avoided.

Radar navigation; moderate speed; limitations of radar.

(2) A vessel navigating with the aid of radar in restricted visibility must, in compliance with section 1077(a) of this title, go at a moderate speed. Information obtained from the use of radar is one of the circumstances to be taken into account when determining moderate speed. In this regard it must be recognised that small vessels, small icebergs and similar floating objects may not be detected by radar. Radar indications of one or more vessels in the vicinity may mean that "moderate speed" should be slower than a mariner without radar might consider moderate in the circumstances.

Same; duty to stop.

(3) When navigating in restricted visibility the radar range and bearing alone do not constitute ascertainment of the position of the other vessel under section 1077(b) of this title sufficiently to relieve a vessel of the duty to stop her engines and navigate with caution when a fog signal is heard forward of the beam.

Close quarters; circumstances to guide alteration of course or speed.

(4) When action has been taken under section 1077 (c) of this title to avoid a close quarters situation, it is essential to make sure that such action is having the desired effect. Alterations of course or speed or both are matters as to which the mariner must be guided by the circumstances of the case. Close quarters; alteration of course to avoid.

(5) Alteration of course alone may be the most effective action to avoid close quarters provided that

(a) There is sufficient sea room.
(b) It is made in good time.

(c) It is substantial. A succession of small alterations of course should be avoided.

(d) It does not result in a close quarters situation with other vessels.

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Alteration of course; circumstances to guide direction; general preference for alteration to starboard.

(6) The direction of an alteration of course is a matter in which the mariner must be guided by the circumstances of the case. An alteration to starboard, particularly when vessels are approaching apparently on opposite or nearly opposite courses, is generally preferable to an alteration to port. Substantial alteration of speed.

(7) An alteration of speed, either alone or in conjunction with an alteration of course, should be

substantial. A number of small alterations of speed should be avoided.

Close quarters; action to take all way off vessel.

(8) If a close quarters situation is imminent, the most prudent action may be to take all way off the vessel. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat.

209.)

CODIFICATION

See Historical Note under section 1053 of this title. EFFECTIVE DATE

Section effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title.

Bec.

755.

FISH AND FISHERY RESOURCES

1. Preservation of Fishery Resources

16 U.S.C. 755-7601

Salmon-cultural stations; establishment; expenditure of funds.

756. Investigations, surveys and experiments; construction and installation of conservation devices, etc. 757, Utilization of State services; expenditure of funds. 757a. Anadromous and Great Lakes fisheries.

(a) Conservation, development, and enhancement; cooperative agreements with States and other non-Federal interests; terms and conditions; Federal and nonFederal costs.

(b) Operation, management, and administration of property.

(c) Increase of Federal share.

757b. Same; investigations, surveys, and research; stream clearance activities; conservation devices and structures; fish hatcheries; studies, recommendations, and reports to States, Congress, and Federal water resources construction agencies; water resources projects; property: acquisition, exchanges, cash equalization payments, donations, administration, and title.

757c. Same; prior approval by other Federal departments or agencies of activities on lands administered by such departments or agencies.

757d. Same.

(a) Authorization of appropriations.

(b) Limitation on obligation of funds in any one State.

757e. Same; Columbia River basin. 7571. Same; recommendations to Secretary of Health, Education, and Welfare.

758. Exploration, investigation, development, and maintenance of fishing resources and industry of Pacific Ocean.

758a. Same; conduct of explorations and related work. 758b. Same; cooperation with agencies, organizations, and others.

758c. Same; appropriations for research laboratory, experiment stations, dock and storehouse facilities. vessels, etc.; transfer of surplus vessels.

758d. Same; future appropriations.

759. Atlantic Coast shad study; recommendation; per annum cost limitation.

760. Establishment of rearing ponds and fish hatchery in Kentucky.

760-1. Same; authorization of appropriations. 760-2. Establishment of fish hatchery in Montana. 760-3. Establishment of trout hatchery in Pisgah National Forest.

760-4. Establishment of trout hatchery at Pittsford, Vermont.

760-5. Establishment of fish hatchery at Paint Bank, Virginia.

760-6. Same; authorization of appropriations.

760-7. Establishment of fish hatchery in West Virginia. 760-8. Same; authorization of appropriations. 760-9. Establishment of fish hatchery in Pennsylvania. 760-10. Same; authorization of appropriations. 760-11. Acceptance and development of fish hatchery in South Carolina.

760-12. Same; authorization of appropriations.

760a. Atlantic Coast fish study for development and protection of fish resources.

760b. Same; cooperation of Federal departments and agencies.

Sec.

760c. Same; authorization of appropriations. 760d. Grants for education and training of personnel in the field of commercial fishing; apportionment; authorization of appropriations; regulations. 760e. Study of migratory game fish; waters; research; purpose. 760f. Same; authorization to acquire facilities, employ officers and employees, cooperate with State and other agencies, and to publish results.

760g. Same; authorization of appropriations. 760h. Shellfisheries research center; establishment; purpose.

7601. Same; authorization of appropriations.

7601. Propagation of disease resistant oysters; acquisition of brood stock; transfer and distribution; States to share cost.

760k. Same; grants to States for research and other necessary activities; conditions. 7601. Same; authorization of appropriations.

§ 755. Salmon-cultural stations; establishment; expenditure of funds.

The Secretary of the Interior is authorized and directed to establish one or more salmon-cultural stations in the Columbia River Basin in each of the States of Oregon, Washington. and Idaho. Any sums appropriated for the purpose of establishing such stations may be expended, and such stations shall be established, operated and maintained, in accordance with the provisions of the Act entitled "An Act to provide for a five-year construction and maintenance program for the United States Bureau of Fisheries", approved May 21, 1930, ch. 306, 46 Stat. 371, insofar as the provisions of such Act are not inconsistent with the provisions of this section and sections 756 and 757 of this title. (May 11, 1938, ch. 193, § 1, 52 Stat. 345; 1939 Reorg. Plan No. II, § 4 (e), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Government Organization and Employees.

1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, consolidated the Bureau of Fisheries and the Bureau of Biological Survey with their respective functions into one agency in the Department of the Interior to be known as the Fish and Wildlife Service, and provided that the functions of the consolidated agency shall be administered under the direction and supervision of the Secretary of the Interior.

1939 Reorg. Plan No. II, set out in the Appendix to Title 5, transferred the Bureau of Fisheries in the Department of Commerce and its functions to the Department of the Interior, to be administered under the direction and supervision of the Secretary of the Interior.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 757e of this title.

§ 756. Investigations, surveys, and experiments; construction and installation of conservation devices, etc.

The Secretary of the Interior is further authorized and directed (1) to conduct such investigations, and such engineering and biological surveys and experiments, as may be necessary to direct and facilitate conservation of the fishery resources of the Columbia River and its tributaries; (2) to construct and install devices in the Columbia River Basin for the improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects, and for facilitating free migration of fish over obstructions; and (3) to perform all other activities necessary for the conservation of fish in the Columbia River Basin in accordance with law. (May 11, 1938, ch. 193, § 2, 52 Stat. 345; 1939 Reorg. Plan No. II, § 4 (e), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; Aug. 8, 1946, ch. 883, § 1, 60 Stat. 932.)

AMENDMENTS

1946-Act Aug. 8, 1946, deleted the requirement to maintain conservation devices, etc.

TRANSFER OF FUNCTIONS

See note to section 755 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 755, 757, 757e of this title.

§757. Utilization of State services; expenditure of funds.

In carrying out the authorizations and duties imposed by section 756 of this title, the Secretary of the Interior is authorized to utilize the facilities and services of the agencies of the States of Oregon, Washington, and Idaho responsible for the conservation of the fish and wildlife resources in such States, under the terms of agreements entered into between the United States and these States, without regard to the provisions of section 5 of Title 41, and funds appropriated to carry out the purposes of this section and section 756 of this title may be expended for the construction of facilities on and the improvement of lands not owned or controlled by the United States: Provided, That the appropriate agency of the State wherein such construction or improvement is to be carried on first shall have obtained without cost to the United States the necessary title to, interest therein, rights-of-way over, or licenses covering the use of such lands. (May 11, 1938, ch. 193, 3, 52 Stat. 345; Aug. 8, 1946, ch. 883, § 2, 60 Stat. 932.)

AMENDMENTS

1946-Act Aug. 8, 1946, amended section generally to provide for the utilization of State services, and for the expenditure of funds for the construction of facilities and improvements on lands not owned by the United States.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 755, 757e of this title.

§ 757a. Anadromous and Great Lakes fisheries. (a) Conservation, development, and enhancement; cooperative agreements with States and other nonFederal interests; terms and conditions; Federal and non-Federal costs.

For the purpose of conserving, developing, and enhancing within the several States the anadromous fishery resources of the Nation that are subject to depletion from water resources developments and other causes, or with respect to which the United States has made conservation commitments by international agreements, and for the purpose of conserving, developing, and enhancing the fish in the Great Lakes that ascend streams to spawn, the Secretary of the Interior is authorized to enter into cooperative agreements with one or more States, acting jointly or severally, that are concerned with the development, conservation, and enhancement of such fish, and, whenever he deems it appropriate, with other non-Federal interests. Such agreements shall describe (1) the actions to be taken by the Secretary and the cooperating parties, (2) the benefits that are expected to be derived by the States and other non-Federal interests, (3) the estimated cost of these actions, (4) the share of such costs to be borne by the Federal Government and by the States and other non-Federal interests: Provided, That; except as provided in subsection (c) of this section, the Federal share, including the operation and maintenance costs of any facilities constructed by the Secretary pursuant to sections 757a to 757f of this title, which he annually determines to be a proper Federal cost, shall not exceed 50 per centum of such costs exclusive of the value of any Federal land involved: Provided, further, That the non-Federal share may be in the form of real or personal property, the value of which will be determined by the Secretary, as well as money, (5) the term of the agreement, (6) the terms and conditions for disposing of any real or personal property acquired by the Secretary during or at the end of the term of the agreement, and (7) such other terms and conditions as he deems desirable.

(b) Operation, management, and administration of property.

The Secretary may also enter into agreements with the States for the operation of any facilities and management and administration of any lands or interests therein acquired or facilities constructed pursuant to sections 757a to 757f of this title.

(c) Increase of Federal share.

Whenever two or more States having a common interest in any basin jointly enter into a cooperative agreement with the Secretary under subsection (a) of this section to carry out a research and development program to conserve, develop, and enhance anadromous fishery resources of the Nation, or fish in the Great Lakes that ascend streams to spawn, the Federal share of the program costs shall be increased to a maximum of 60 per centum. Structures, devices, or other facilities, including fish hatcheries, constructed by such States under a cooperative agreement described in this subsection shall be operated and maintained without cost to the Federal Government. For the purpose of this subsection, the

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