Michael McFadzen
A bill proposed by Rep. Robert Swearingen (R-Rhinelander) and Sen. Mary Felzkowski (R-Irma) to regulate wake surfing and wakeboarding fails to provide any meaningful protection against the activities’ impacts. If passed in its current form, it will be detrimental to paddlesports, fishing, and wildlife, as well as increase the spread of invasive species.
LRB-3518 prohibits wakeboarding within 200 feet of shore while the overwhelming majority of studies assert that 500 feet is required for wakes to lose their size and power. A well-researched study by St. Anthony Falls Laboratory (cse.umn.edu/safl) indicates that the wake boats need to operate at least 600 feet from shore for the wave energy to diminish to levels similar to a typical ski boat. The St. Anthony study is considered by regulatory agencies to be the gold standard for measuring wave power.
Understanding the Damage
Current studies show that wake-enhanced boats create a wake 3 to 12 times greater than a ski boat. Some Wisconsin lakes are seeing pollutants in the lakebed kicked up into the water column and aquatic vegetation being eroded. Another huge issue is that wake boats can’t completely empty their ballast tanks, which creates a significant pathway for Eurasian watermilfoil (which can choke off bodies of water), curly-leaf pondweed, red swamp crayfish, quagga mussels, and other invasive species. Lake-to-lake invasive spread worries regulatory agencies and lake users. The minimum standard for enhanced wake creation should be a lake depth of at least 30 feet according to the St Anthony Study. LRB-3518 recommends a depth of 20 feet which will have a detrimental impact on aquatic vegetation and fish. According to the website lakesatstake.org (LAS), over 1,500 Wisconsin lakes, rivers, and waterbodies are on the DNR’s Impaired Waters list because they exceed the EPA's levels for toxic pollutants. These pollutants reside in the lake bottom. According to LAS President Paul Gardetto, wake-enhanced boating stirs up sediments and can spread them throughout the lake and into swim areas. “Chemicals like phosphorus cause algae blooms,” Gardetto explained. “Wake boats churn up these sediments; it is seen in many lakes including Green Lake.” This is the case even though Green Lake is one of the deepest lakes in the state. Senator Felzkowski and LRB-3518 Senator Mary Felzkowski introduced the legislation to get the discussion started. “A little over a year ago, the first person reached out to me about doing a full-out ban of wake boats in Wisconsin,” she said. “Because that wouldn’t realistically ever happen, I told them that this should be solved at the local level. The rebuttal, since then, has been that we need statewide standards on wake boats to prevent the confusion of having multiple lakes in the same area with different standards. Upon circulation of this bill, we are now hearing from people who are upset that the standards would apply to all lakes, instead of allowing local control. This is what I mean when I say it’s a hot-button issue.” Felzkowski thinks there is a common ground which she explained via e-mail correspondence: “When you work to create compromise, nobody is going to get everything they want, but most are going to be okay. The public hearing is our opportunity to hear from concerned citizens, environmental groups, experts, watersports fanatics, and industry representatives — it’s an opportunity to hear all voices. The second thing it does is it sets a starting point that everyone can work off of.” Revealing Numbers Residents and visitors rarely visit Wisconsin lakes for wakeboarding. The great majority who enjoy our lakes do so for swimming, fishing, paddling, and sailing. Those user groups are significantly impacted when a wake boat comes within several hundred feet of their use. Paddleboarders have been knocked off their boards by these large wakes. Several Lakes organizations are recommending wake boating on lakes 1,500 acres or greater which should allow enough space for all users. If Wisconsin adopts the 1,500-acre rule, it will be the only Midwestern state in which small and medium-sized lakes are wake boat-free. That would be an attraction to many recreational users and likely increase tourism dollars. Wake boaters argue against restrictions to their sport, yet those who paddleboard, canoe, and kayak are restricted to certain areas of the lake and even certain times of day. Darren Bush, owner of Rutabaga Paddle Sports, wants everyone to keep their cool but has concerns about the environmental effects. “The powerboat lobby is very powerful; I don’t think you can touch them,” Darren said. “But the average wake boater may not know they are trashing the lake floor. Education must be a part of this. We need to have a discussion when there are environmental impacts. Everyone deserves to recreate responsibility.” Bush wants reason to prevail. “I ask people to check your prejudice at the door.” It appears that LRB-3518 was heavily influenced or possibly written by the wake sports industry. Their 2022 Marine Industry Study is referenced in this bill. This study was published by the Journal of Water Resource and Protection, a subsidiary of Scientific Research Publishing, which is considered to be a “Pay to Publish” organization, headquartered in Wuhan, China, according to lakesatstake.org. “The 2022 study used a 145 hp boat,” Gardetto told Silent Sports. “When actual wake boats can be several times more hp. This was not a peer-reviewed, scientific journal.” Opportunity Now to Add Your Voice! Gardetto is optimistic that common ground can be found through the legislative process. “We are coming at this to protect our lakes, which everyone wants,” he said. “I think we can do this collaboratively.” Wake boating is an unregulated sport. LAS’s position is that lakes under 1,500 feet should prohibit these crafts. “Most small and medium lakes don’t have the resources to deal with the issues caused by wake boating,” Gardetto said. “Right now, we are following science. The shoreline distance should be a minimum of 600 feet. LAS will be coming out with formal positions later this year.” Wake boating has an outsize impact on Wisconsin lakes. Only 4 percent of boats sold nationally are wake boats, but they affect 96 percent of lake users (see chart). In its current form, LRB-3518 undercuts protection for private property, public safety, enjoyment, and aquatic environments. Most importantly, this bill would prevent local lakes or their communities from setting their own, more restrictive ordinances. It’s imperative that the legislature passes sensible regulations that balance the rights of everyone to recreate on Wisconsin lakes. Without common sense restrictions, Wisconsin’s tourism, property values, public safety, and the lakes themselves are at risk. If you care for Wisconsin lakes, join the discussion by contacting your legislator. Urge them to add the above common-sense provisions in any wakeboarding legislation. Find your legislator here:
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