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H. B. No. 157 As IntroducedAs Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Distel, Aslanides, McGregor, S. Patton, Seitz, C. Evans, Carano, Cassell, Hartnett, Brown, Strahorn, Perry
A BILL
To amend section 1541.31 of the Revised Code to revise the Pymatuning Lake Compact.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1541.31 of the Revised Code be amended to read as follows:
Sec. 1541.31. That the compact or agreement mentioned
below and every article, matter and thing therein is hereby
ratified and approved and shall be and hereafter remain in force
agreeable to the true tenor and intent thereof. AGREEMENT BETWEEN THE COMMONWEALTH OF PENNSYLVANIA
AND THE STATE OF OHIO RE PYMATUNING LAKEThis agreement made and concluded between the commonwealth
of Pennsylvania, acting by and through its lawfully authorized
agency, namely, the water and power resources board, as party of
the first part, and the state of Ohio, acting by and through its
lawfully authorized agency, namely, its conservation
commissioner, as party of the second part, Whereas, By act of assembly of Pennsylvania approved May 2,
1929, P. L. 1503, as amended by acts of May 5, 1931, P. O. 84,
April 24, 1933, P. L. 67, and July 9, 1935, P. L. 619, the
department of forests and waters of Pennsylvania, acting through
the water and power resources board, was authorized, inter alia,
to complete the work begun and continued under an act approved
July 25, 1913, P. L. 1270, entitled "An act providing for the
erection of a dam at the outlet of Pymatuning swamp, and the
establishment of a reservoir to conserve the waters thereof;
providing for the taking of land and materials necessary thereto;
vesting certain powers and duties in the water supply commission;
and making an appropriation", and did duly complete said work,
whereby there was created a lake or reservoir, now known and
hereinafter called Pymatuning Lake, extending in part across the
boundary line between said states of Ohio and Pennsylvania into
the state of Ohio, and Whereas, The primary purposes of the project by which said
lake was created was to conserve water draining said swamp, all
of which has its source in Pennsylvania, as well as control
floods and regulate the flow of water in the Shenango and Beaver
rivers, and secondary thereto, permit the water and the land
surrounding the same to be used for fishing, hunting, recreation
and park purposes, under such terms and conditions as the water
and power resources board might determine, in such way or ways as
in the opinion of the said board will not materially interfere
with the primary purpose in said acts of assembly and
hereinbefore specifically referred to, and Whereas, In view of the fact that a certain part of the
lake extends into the state of Ohio, whereby it is necessary and
desirable that the use of the lake for the secondary purposes,
namely, hunting, fishing, and recreational use, be uniformly
provided for, as well as to guard against inconvenience and
mischiefs which might hereafter arise from the uncertainty of
jurisdiction within and on said lake, to the end that the lake
may be adequately policed and conflicts of jurisdiction for the
arrest and punishment of offenders be avoided. Now, then, therefore, in order that law and justice may in
all such cases be executed and take effect upon said lake from
shore to shore in all parts and places thereof where the lake is
a boundary between said states, the said parties hereto do agree
for and in behalf of their respective states in the manner
following: 1. General use. It is hereby agreed that the entire
Pymatuning lake or reservoir, subject to the primary use thereof
by the commonwealth of Pennsylvania for regulating the flow of
the water in the Shenango and Beaver rivers as in paragraph 9
hereinafter more specifically mentioned, shall be open for
recreational use equally to the citizens of both contracting
parties, save as restricted as to hunting, fishing, and boating in
this agreement set forth, or hereafter mutually agreed upon by
both parties but no person shall be permitted to hunt or fish
therein or thereon unless the lawful holder of a fishing or
hunting license, authorizing him or her the holder so to do,
issued by the
proper authorities of Pennsylvania or of Ohio. 2. Arrest and prosecution of offenders. That each state
shall enjoy and exercise a concurrent jurisdiction upon the water
(but not upon the dry land), between the shores of said lake,
including the islands therein, with respect to the arrest and
prosecution of offenders, but in such sort that any boat or
vessel fastened to or aground on the shore of either state shall
be considered exclusively within the jurisdiction of said state;
but that all capital and other offenses, trespasses, or damages
committed on or over said lake, the judicial investigation and
determination thereof shall be exclusively vested in the state
wherein the offender or person charged with such offense shall be
first apprehended, arrested, prosecuted, or first brought to
trial; it being the intent of this agreement that an offender may
be pursued and arrested anywhere on or over said lake or shores
thereof or islands therein, regardless of the boundary lines, by
any peace officers or persons of either state authorized to make
arrests, whether the offenses be committed on or over any part of
the lake, on the shores or islands therein, regardless of the
state in which the place where the offense was committed lies. 3. Islands. All islands within the lake shall be
considered as part of the state of Pennsylvania. 4. Pollution of water. The lake shall be forever
protected against pollution of its waters by industrial trade
waste, individual, or municipal sewage from shore or boat, and
the discharge of any noxious or deleterious substance, liquid or
solid, into the waters of the lake which is or may become
inimical, or injurious, to public health or to animal or aquatic
life is hereby expressly forbidden. No sewage may be discharged into the waters of the lake
except after complete treatment and then only upon permit first
approved by the health department of both states. 5. Boats and vessels. No hydroplanes or aquaplanes, nor
any type of boat motor person shall operate any watercraft propelled by a single motor, or any combination of motors, that produces a horsepower rating in excess of a ten
horsepower rating shall be operated anywhere on said lake,
except such on Pymatuning Lake, except a pontoon boat sixteen feet in length or longer propelled by a single motor, or any combination of motors, that produces a horsepower rating of twenty horsepower or less and police or administration motor boats watercraft, to the number of
which shall be mutually agreed upon by the parties hereto. Sail
boats, row boats, canoes and boats propelled by a motor not in
excess of ten horsepower shall be permitted provided the owners No person shall operate a watercraft without
first obtain obtaining a license from the respective state of which the
owner is a resident under such regulations as each party to this
agreement may now or hereafter adopt. Provided nevertheless that
the use of any type of boats watercraft equipped with a motor is expressly limited and
restricted to that portion of the lake extending from the main
dam near Jamestown northwardly to the causeway at or near
Linesville, and provided further, that any boat. Watercraft equipped with a
motor in excess of ten horsepower rating may be operated on said
lake so long as such motor is not used, except for a pontoon boat that is sixteen feet in length or longer. A motor of not more than ten
horsepower rating may
be attached to the boat and used for propelling the boat on said
lake. No person shall ride or attempt to ride upon one or more water skis, surfboards, towed inflatable devices, or similar devices or use or operate any vessel to tow a person thereon. Nothing contained in this subdivision shall be interpreted
to effect a change in the level or flow of water as determined or
fixed by the department of environmental conservation and natural resources. Any one who violates any of the provisions of this
subsection or who operates any boat equipped with a motor on the
lake without being authorized to do so under the provisions of
this subdivision, shall upon conviction thereof, be sentenced to
pay a fine not to exceed fifty dollars and cost of prosecution
and, in default of payment of the fine and costs, shall undergo
imprisonment not to exceed thirty days in accordance with the applicable laws for the same or similar violations within the prosecuting jurisdiction, provided that the penalty for said violation shall not exceed a fine of five hundred dollars or imprisonment for thirty days. 6. Fishing. Any person possessing a duly issued fishing
license by either state shall be permitted to fish anywhere on
the entire lake (except such portion thereof as is closed to
fishing by paragraph 8 hereof or such further portion as may
hereafter by regulation be mutually agreed to by the parties
hereto), but no fisherman fisher shall be entitled to fish from
the
shores of the state of which he the fisher is a nonresident
unless he the fisher
complies with the nonresident fishing license law of said state. In order to permit the fish to fully propagate and develop,
no part of the lake shall be open for fishing until July 1, 1937,
and thereafter shall be closed in each year between December 10
and June 30. Unless otherwise mutually agreed to by both parties hereto,
the creel, size, and season limits for the respective kinds of
fish caught shall be such as may hereafter be agreed upon between
the two states. 7. Reciprocal hunting rights. Reciprocal hunting rights
are hereby granted to the licensed hunters of each state on the
water of that portion of the lake, both in Pennsylvania and Ohio,
over the area bounded on the south by an east and west line
crossing the state boundary 0.5 of a mile north of Simons, Ohio,
and on the north by a line drawn between the point at which the
Padanaram road crosses the state boundary and a point formerly
known as the Polleck bridge, but such reciprocal hunting rights
hereby granted shall extend only to such wild migratory birds as
are covered by the federal migratory bird treaty and federal laws
adopted thereunder. Hunting in such portions of the lake as are not included in
the area above described and designated shall be and remain under
the jurisdiction of the commonwealth of Pennsylvania. No permanent blinds shall be erected anywhere on the lake
and shores thereof, but this provision shall not be interpreted
as forbidding the use of a boat as a blind temporarily moored to
or grounded on the shore of the lake or islands thereof. 8. Wild game and fish sanctuaries. A. The game
commission of the state of Pennsylvania, having established a
wild migratory bird and game sanctuary or refuge in that part of
the lake located southeast of the Pennsylvania railroad crossing,
it is expressly agreed that nothing herein contained shall be
interpreted as entitling the residents of either state, whether
licensed to fish or hunt, or otherwise, to fish in, hunt,
tresspass trespass, or enter upon said sanctuary for any
purpose whatsoever. Anyone so doing shall become amenable to prosecution
therefor under the game laws of the state of Pennsylvania
applicable to game refuges. B. The conservation division of the department of
agriculture of the state of Ohio, having established a fish
sanctuary and game refuge in the following portion of the lake: Being the southerly parts of lots Nos. 79 and 80, Richmond
township; all of lot No. 41, and all of lot No. 42, except the
westerly 1000 feet thereof, in Andover township, Ashtabula
county, Ohio: Beginning at a point in the west line of lot No. 79, that
is 1523 feet south of the north line of lot No. 79; also being
the center line of Padanaram road; thence southerly along the
county highway along the westerly side of lot No. 79, 1869.5 feet
to the north line of Andover township; thence westerly along the
northerly line of Andover township, 939.7 feet to the northwest
corner of lot No. 41; thence southerly along the highway that
marks the westerly line of lot No. 41, 2809.8 feet to the north
line of lot No. 42; thence easterly along the north line of lot
No. 42, 1000 feet to a point; thence in a southerly direction
parallel to and 1000 feet easterly from the westerly line of lot
No. 42, 2734 feet, more or less, to the southerly line of lot No.
42; thence easterly along the said southerly line of lot No. 42,
5180.4 feet to the Ohio and Pennsylvania state line; thence
northerly along the said Ohio and Pennsylvania state line, 7297.6
feet, more or less, to a point that is 1523 feet southerly from
the north line of lot No. 80; thence in a westerly direction,
1523 feet southerly from and parallel to the north lines of lots
Nos. 79 and 80, 5260 feet, more or less, to the place of
beginning. It is expressly agreed that nothing herein contained shall
be interpreted as entitling the residents of either state,
whether licensed to fish or otherwise, to fish in, hunt, trespass,
or enter upon said sanctuary for any purpose whatsoever. Anyone
so doing shall become amenable to prosecution therefor under the
laws of the state of Ohio applicable thereto. 9. Reservation of Pennsylvania's right to the body of the
water. It is expressly agreed that nothing herein contained
shall operate to deny, limit, or restrict the right of the water
and power resources board of Pennsylvania, or any authority
established hereafter by said state to exercise such power, to at
any time now or hereafter, raise or draw off so much of the
waters of the lake as in its sole judgment may be necessary to
maintain or regulate the flow of the Shenango and Beaver rivers
in furtherance of the primary purpose for which said lake was
established, and said water and power resources board shall,
without let or hindrance, have the full right irrespective of
other considerations, to release so much of the water as they may
deem proper to maintain the flow of the Shenango and Beaver
rivers, irrespective of its effect on the level of the lake or
use thereof for other purposes.
Section 2. That existing section 1541.31 of the Revised Code is hereby repealed.
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