MARVIN MANDEL, Governor                                 1045

ADMINISTRATION THEREOF UNDERTAKEN BY OTHERS THAN THE
COMMISSION. THE COMMISSION MAY, BY LEASE OR ANY OTHER
FORM OF CONTRACT OR AGREEMENT, UNDERTAKE TO OPERATE,
MAINTAIN OR ADMINISTER ANY WATER RESOURCES RELATED
PUBLIC RECREATIONAL PROJECT OR FACILITY AND WITH
RESPECT THERETO MAY EXERCISE ANY POWER, NOT
INCONSISTENT WITH SUCH LEASE, CONTRACT OR AGREEMENT,
WHICH IT MIGHT EXERCISE WITH RESPECT TO ANY PROJECT OR
FACILITY OWNED BY IT. IN THE OPERATION, MAINTENANCE
AND ADMINISTRATION OF ANY WATER RESOURCES RELATED
PUBLIC RECREATIONAL PROJECT OR FACILITY, WHETHER OR
NOT OWNED BY IT, THE COMMISSION MAY ACT THROUGH PUBLIC
OR PRIVATE LESSEES OR CONCESSIONAIRES.

8.04.  UNIFORMITY OF FISHING AND BOATING LAWS ON
CERTAIN WATERS.— WHENEVER TWO OR MORE SIGNATORY
STATES HAVE A COMMON BOUNDARY IN OR CONTIGUOUS TO ANY
BODY OF WATER OR PORTION THEREOF WITHIN THE BASIN,
UNLESS PROHIBITED BY THE LAW OF SUCH SIGNATORY STATE,
THE COMMISSION, BOARD, OR OTHER AGENCY FROM EACH SUCH
SIGNATORY STATE, HAVING JURISDICTION OVER THE
REGULATION OF FISHING, OR BOATING, OR HEALTH AND
SAFETY ASPECTS OF RECREATIONAL ACTIVITIES, IN OR UPON
SUCH WATERS, MAY AGREE UPON, AND BY RULES OR
REGULATIONS PROVIDE FOR, UNIFORM ENFORCEMENT RELATING
TO THE AFORESAID ACTIVITIES WITH RESPECT TO ANY SUCH
WATERS MUTUALLY DESIGNATED OR AGREED UPON.
INFRACTIONS OF LAWS, AND RULES AND REGULATIONS ON SUCH
BODIES OF WATER SHALL BE PROSECUTED IN THE APPROPRIATE
COURT WITHIN THE TERRITORIAL JURISDICTION WHERE THE
OFFENSE OCCURRED. IF THE OFFENSE OCCURS ON OR SO NEAR
THE BOUNDARY BETWEEN TWO SIGNATORY STATES THAT IT
CANNOT BE READILY DETERMINED IN WHICH STATE THE
OFFENSE OCCURRED, IT SHALL BE PRESUMED THAT SUCH
OFFENSE OCCURRED WITHIN THE JURISDICTION OF THE COURT
WHERE THE ENFORCEMENT ACTION WAS INSTITUTED BY THE
ENFORCEMENT OFFICER.

8.05.   RESTRICTIONS ON COMMISSION CONSTRUCTION
AND OPERATION.—IN ORDER TO ASSURE UTILIZATION OF THE
FUNCTIONS, POWERS AND RESPONSIBILITIES OF EXISTING
STATE AGENCIES, THE COMMISSION SHALL NOT ENGAGE IN THE
OPERATION OF ANY RECREATIONAL FACILITIES, NOR
CONSTRUCT ANY PROJECT OR FACILITY SOLELY FOR
RECREATIONAL PURPOSES, UNLESS THE COMMISSIONER FROM
THE SIGNATORY STATE IN WHICH THE PROJECT OR FACILITY
IS LOCATED HAS APPROVED THE SAME.

8.06.   DEFINITION.—FOR PURPOSES OF THIS ARTICLE
PUBLIC RECREATIONAL PROJECT OR FACILITY SHALL MEAN A
RECREATIONAL PROJECT OR FACILITY OPEN TO THE GENERAL