Public Informational Meeting in February at Greensboro Re. Proposed Wakeboat Legislation,

 

Richard Gagne (Sandy Beach Road) asked me to post the following as it is of particular interest to our Joe's Pond community:

Executive Summary from RWVL [Responsible Wakes for Vermont Lakes]

DEC Proposal [Department of Environmental Conservation]

DEC has completed our review of the petition and is preparing to start formal rulemaking in response to this petition under the process defined in theAdministrative Procedures Act.

 

To inform the public about the outcome of our review and obtain feedback, DEC will be holding a meeting on February 15 at 5:30 PM at the Highland Center for the Arts in Greensboro, Vermont, with a virtual participation option as well.

 

Please see this link for more information about the meeting, including the virtual meeting link, a document summarizing our review process and the draft rule, and how to sign up to provide feedback.

DRAFT WAKESPORTS DEFINITION AND RULE

 Draft Definitions

5.16       “Wakeboat” means a motorboat that has one or more ballast tanks, ballast bags or other similar devices used to enhance or increase the size of the motorboat’s wake

 

5.17       “Wakesports” means:

1. to operate a wakeboat with ballast tanks, bags, or similar devices engaged to enhance the boat’s wake or with someone riding the wake directly behind the boat
2. to use a surfboard, wakeboard, hydrofoil, or similar device to ride on or in the wake directly behind a wakeboat

 

Draft Prohibitions

3.8         Wakesports

(a) Wakesports are prohibited on lakes, ponds, and reservoirs:

1. That do not have a minimum of 50 contiguous acres that are both 500 feet from shore on all sides and a minimum of 20 feet deep; or
2. that as of May 1, 1995, had a maximum speed limit of five m.p.h. or less; or
3. on which the use of internal combustion motors to power vessels is prohibited.

(b) Wakeboats must be 500 feet from shore at all times while engaging in wakesports.

(c) Wakeboats shall limit their use to one lake, pond, or reservoir per calendar year, hereafter referred to as a “home lake,” and this vessel must display a DEC-issued decal defining the boat’s home lake for a given calendar year. Prior to first entering a home lake on an annual basis (unless boat is new from dealer or coming out of winter storage), using this boat in a Vermont waterbody other than the designated home lake, and prior to re-entering the waters of the home lake after use of the boat at any other waterbody, the owner or user of this boat must get the boat decontaminated at a DEC-approved decontamination service provider. All provisions of 10 V.S.A. § 1454 regarding aquatic nuisance species inspection apply, and wakeboat users shall make significant efforts to drain the ballast tanks of their boats to the fullest extent practicable after leaving waters of the state.

(d) The above prohibition on wakesports may be modified on a case-by-case basis in response to petitions filed pursuant to 10 V.S.A. § 1424.

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Background information:

RESPONSIBLE WAKES FOR VERMONT LAKES EXECUTIVE SUMMARY WITH RECOMMENDED IMPROVED PROPOSED RULE

Responsible Wakes for Vermont Lakes (RWVL) is a coalition of dedicated citizens, concerned about the future of Vermont’s public waters. Its members include boaters, water skiers, paddlers, sailors, anglers, swimmers, and nature enthusiasts. Members and supporters aim to preserve water quality while protecting the safe and varied enjoyment of Vermont’s lakes and ponds for present and future generations. As boating popularity continues to grow, proper management of Vermont’s lakes and ponds becomes increasingly important in protecting these fragile, vulnerable, and economically important treasures. 

 The emergence of a new type of motorized vessel—the “wake boat”—capable of generating large, damaging wakes is a serious cause for concern. Operated responsibly, wake boating can be fun.  Operated inappropriately on small or shallow lakes, these heavier, more powerful, uniquely designed watercraft can inflict significant environmental degradation, property damage, and safety issues for other lake users.

  Right now, wake boat operation is inconsistent with or in violation of four Vermont water use statutes:

 ·         Vermont Use of Public Waters Rules Environmental Protection Rule Chapter 32 § 5.6.

·         Vermont Shoreland Protection Act.

·         Water Quality Standards (WQS) Environmental Protection Rule Chapter 29A.

·         Aquatic Invasive Species Transport Law.

 RWVL’s Petition (filed with the Agency of Natural Resources (ANR) on March 9, 2022) seeks to reduce adverse wake boat wave impacts while continuing to provide opportunities for their enjoyment. The petition asks the State to:

·         Define wake boats as motorized watercraft designed to generate enhanced wakes using ballast tanks and/or other boat design features.

·         Increase the enhanced-wake-creation distance from shore from the current, outdated 200 feet (required for all motorized boats) to a safer, protective distance of 1000 feet from shore.

·         Allow operation only at lake depths greater than 20 feet.

·         Require wake boat operation only in areas of at least 60 contiguous acres that meet both the 1000 feet distance from shore and the 20-foot depth requirements.

·         Support and encourage prevention and mitigation of lake-to-lake spread of aquatic invasive species (AIS) via wake boat ballast tanks

 In January 2023, the Department of Environmental Conservation (DEC) issued its Proposed Rule recommending:

·         An operation distance from shore of at least 500 feet -- half of RWVL’s proposed distance.

·         An operation depth greater than 20 feet -- the same as RWVL’s proposed minimum depth.

·         An operation area of 50 contiguous acres – less than but close to RWVL’s recommended 60 acres.

·         An additional “Home Lake Rule” limiting wake boats to operation within only one lake (unless decontaminated before entering another lake) -- This additional requirement is designed to prevent the spread of aquatic invasive species and is fully supported by RWVL.

RWVL applauds and supports DEC’s decision to recognize the importance of protecting public waters by moving forward with rulemaking and establishing a new Use of Public Waters rule to manage wake boat activity on Vermont’s inland lakes and ponds .

 RWVL nevertheless recommends important changes to improve DEC’s proposed rule. The current proposed rule does not adequately protect many of the State’s vulnerable lakes and should be strengthened to anticipate inevitable future growth in wake boat technology and use.

o   RWVL stands by its original proposed rule along with the addition of the Home Lake Rule (see above).

o   RWVL arrived at its original proposed rule through a long and arduous process of researching and evaluating scientific evidence, discussing the many possible solutions, anticipating future growth within the wake sport industry, and negotiating among its many disparate members.

o   RWVL strongly believes DEC’s proposed rule will not adequately protect water quality, lake shorelines, property resources, and human safety unless the operational distance from shore is increased back to 1000 feet as originally proposed by RWVL.

The ANR petition process has generated strong, widespread public support for the management of wakesport activities. There are currently over 700 RWVL members, 12 lake associations, 24 Vermont environmental organizations, and >1200 Vermont-based supporters of our petition. At the same time, the RWVL has:

·         Developed a highly informative website to disseminate information to the public (http://responsiblewakes.org).

·         Developed an Economic Impact Analysis demonstrating wake boat regulation creates a 10:1 $100M annual economic benefit for Vermont’s critical tourist and vacation industries.

·         Provided new scientific data and other relevant information to DEC relevant to managing wake boats.