A. Pursuant
to
§28.2-106.2 of the Code of Virginia, the following restricted
areas are established adjacent to all bridge and tunnel complexes
located in waters of the Commonwealth of Virginia including those that
are privately owned. The restricted areas associated with this
regulation shall only be activated when there is a specific threat or
condition of heightened security for the port and shall remain active
for the duration of the threat. Once the threat passes, the
restricted area will be de-activated until such time as it is needed
again. Restricted areas may be activated at any one bridge or all
of the bridges. This decision is discretionary. The
restricted areas authorized by this regulation are intended to
complement appropriate threat-based restrictions on vehicular traffic
at the bridge and tunnel complexes.
B. Restricted areas encompass all waters
within
100 yards of any portion of any structure attached to, or associated
with any bridge or tunnel complex located in, on, or under navigable
waters of the United States, located within the Commonwealth of
Virginia. This authorization begins and ends at the ordinary Mean High
Water Line. The State Coordinator of Emergency Management
Virginia Department of Emergency Management, or his designee, or the
Commissioner of the Virginia Marine Resources Commission, or his
designee, may increase the overall size of a restricted area as deemed
necessary for the safety and security of the Port, Public, Environment
or Economy.
C. No vessels or persons may enter restricted
areas
established in accordance with this regulation without the permission
of persons in charge, or persons or agencies authorized to act in
his/her behalf.
1. Patrol
vessels
enforcing the restricted area shall monitor marine channels (VHF) 13
and 16 at all times so vessels approaching a restricted area can
contact them for instructions. Commercial and recreational
vessels shall contact the Patrol Commander on channel 13 or 16 prior to
entering a restricted area.
2. City, State and Federal law enforcement
vessels
shall contact the Patrol Commander of a restricted area on marine
channel 13 or 16 or other channel designated by Port Operations
Teams/Commanders/COTP prior to entering a restricted area.
D. Any vessels and/or persons that
needs to
transit a restricted area because it encompasses a designated channel,
fairway or established route of navigation, and where no reasonable
alternative route of navigation exist must contact the Patrol Commander
prior to entering the restricted area. This regulation authorizes
security personnel to ascertain the identity and intent of the vessel.
If a determination is made that the vessel and/or persons are a threat
to a designated asset located within the restricted area, security
units may take actions as provided by law or regulation that are deemed
necessary to protect designated assets.
E. The primary enforcement agency for the
Commonwealth of Virginia shall be the Virginia Marine Police, the law
enforcement division of the Virginia Marine Resources Commission and or
agents or agencies authorized to act in their behalf.
F. Restricted
areas under this regulation may be activated by the State Coordinator
of Emergency Management Virginia Department of Emergency Management, or
his designee, the Commissioner of the Virginia Marine Resources
Commission, or his designee, or the Governor of the Commonwealth of
Virginia, when specific information indicating that the bridge and
tunnel complexes within the Commonwealth of Virginia have been
threatened/targeted or a condition of heightened security for the ports
exist. The activation of a restricted area shall be used in
conjunction with appropriate vehicular restrictions unless the
information obtained indicates that a specific waterborne threat exists.
G. The Commissioner of the Virginia Marine
Resources Commission, or his designee, shall notify the public that a
restricted area has been activated in association with the provisions
of this regulation via the most efficient means which may include, but
are not limited to, local broadcast notice to mariners, posting of
signs, media releases, posting of public notices, patrol vessels and
vehicles with loud speakers broadcasting from the bridges and
waterways, or any other means necessary to inform the
public.
H. The Commissioner of the Virginia Marine
Resources Commission, or his designee, shall notify the public that a
restricted area has been de-activated once a threat is determined to no
longer exist via the most efficient means which may include, but are
not limited to, local broadcast notice to mariners, media releases and
posting of public notices.
4 VAC 20-1045-30. PENALTY.
Any person violating the provisions of this regulation shall be
guilty of a Class I misdemeanor.
