By Tom Wiensch December 15, 2023- Most people are aware of the tremendous risks raised by ships dumping ballast water in the Great Lakes. The invasive zebra mussels, quagga mussels, and round goby (fish) which now plague the Great Lakes are all thought to have been brought to the lakes by ocean-going ships which dumped their ballast water.
Our inland lakes, as well as the Great Lakes now face similar threats from ballast tanks and bags in wake boats. Wake boats are special boats that usually contain huge ballast tanks or bags that cause the boats to create unnaturally large wakes that people can surf behind. Because it can be difficult or impossible to fully drain the ballast containers on these boats, it’s unclear how operators of these boats can comply with Wisconsin aquatic invasive species regulations when transporting their boats from lake to lake.
The University of Minnesota’s Aquatic Invasive Species Research Center has stated that “. . . it looks like standard minimal tactics for reducing zebra mussel spread – cleaning the exterior of a boat and removing the drain plug – won’t be enough for wakeboard boat ballast tanks and some other large-volume water holding areas. A hot water flush or five days of drying are the most practical surefire ways to ensure no larvae survive.”
This concern has been echoed by the Colorado Division of Wildlife, which has stated that “Many ballast tanks can’t be visually checked, and many cannot be fully drained.”
The concern was borne out by a residual ballast water study done by members of the University of Wisconsin Sea Grant Institute, the University of Wisconsin Extension Environmental Resources Center, the East Central Wisconsin Regional Planning Commission, and the Minnesota Department of Natural resources – Division of Ecological and Water Resources.
That study took place at a Marina near Fremont Wisconsin and examined 23 wake boats. The report of the study noted that “The ballast systems are often located in storage compartments and can be difficult, if not impossible, for a boater to drain completely."
Of the 23 wake boats examined, five apparently had no ballast storage, and five had ballast tanks that could not reasonably be inspected. The remaining 13 wake boats had ballast bags which were drained using the existing pumps before being examined. This was done to be sure that only water that could not be drained was measured.
After draining, the mean amount of residual water remaining in the ballast bags of the 13 boats was 31.7 liters. The study also found that of the 13 boats, nine had viable organisms living in the residual ballast water. The study found 13 different families of zooplankton and macroinvertebrates living in the water.
Wisconsin Regulations require that boaters take “reasonable precautions” to avoid spreading aquatic invasive species. See Wisconsin Administrative Code Chapter NR 40. The code defines “reasonable precautions” to include, but not be limited to practices recommended by the “Wisconsin Clean Boats, Clean Waters" program and the “Stop Aquatic Hitchhikers" campaign.
Both the “Wisconsin Clean Boats, Clean Waters” program and the “Stop Aquatic Hitchhikers” campaign recommend draining boats when leaving lakes.
What is more, the code itself requires that, when boat operators remove their boats from the water, they must immediately remove all aquatic plants and animals and drain all water, and that the same be done before boats are brought into the state.
So, if many wake boats have ballast tanks that can’t easily be inspected, and have tanks or bags that can’t be fully drained, how can boat operators even begin to comply with the regulations that are in place to prevent the spread of aquatic invasive species? That’s a good question, and one which has not been addressed by any of the proposed wake boat legislation that is pending in Wisconsin. Also, at least some of the pending legislation mentions wake boat tournaments. The idea of tournaments would seem to acknowledge the likelihood of wake boats being trailered from lake to lake, potentially with invasive species on board.
Legislation that is passed that limits wake boat operation in shallow or near-shore waters would only be a partial solution to the myriad problems that wake boats can cause. If new laws don’t address the residual ballast water issue, we may see invasive species such as Eurasian Water Milfoil getting spread to more lakes around Wisconsin.
So many people in Wisconsin have worked very hard to limit the spread of aquatic invasive species to our lakes. Is it fair that their efforts be thwarted, and that our lakes be damaged, perhaps permanently, so that the few who wish to surf on inland lakes can do so? Having seen lakes that are matted with Eurasian water milfoil, I think that the answer to that question is clearly “no.” Wake boats that have ballast tanks or bags that cannot be fully drained and easily inspected should be prohibited in Wisconsin. The onus should be put on the marine industry to develop boats that can be used without damaging the lakes that belong to all of us. The ecosystems of our lakes and the ability of all citizens to fish, swim, waterski, canoe, and kayak should not be put in jeopardy by wake boats.
New wave boat bill more protective but still fails to address invasive species concern. See Milwaukee Journal Sentinel coverage. Stronger wake surfing bill offered in state Legislature (jsonline.com)
By Tom Wiensch November 22, 2023-There’s a machine out there that can rock your world – or at least your fishing boat – and transform your favorite lake, and not for the better. These machines – wake boats - can increase algae and phosphorus, decrease oxygen, change aquatic plant growth, cloud water, erode shorelines, transport invasive species, hurt loon reproduction, and reduce fish numbers.
Wake boats, which can cost as much as $300,000, have special hull designs and other features, usually including large ballast tanks or bags, that create unnaturally large waves so that people can surf behind them. These are very different from traditional water ski boats.
Given the damage they can do, there must already be solid regulations in place on these boats to protect our lakes, right? Wrong.
The tremendous damage that these boats could cause to our lakes has been demonstrated in a number of scientific studies.
The Minnesota College of Science and Engineering’s Saint Anthony Falls Laboratory has studied the effects of wake boats on shorelines and clean water. That institution found that wake boats would need to operate at least 500 feet from shore in order avoid causing more shoreline erosion than ordinary boats do.
A biologist for the Maine Audubon Society echoes the 500’ recommendation, noting also that wakes are also detrimental to loons. Because loons are not able to walk on land, they nest right on the very edges of lakes. Wakes can flood their nests, causing the eggs to float away and never hatch.
The Michigan Department of Natural Resources (MDNR) cites a study showing that wake boat propellers generate enough velocity to resuspend sand, silt, and organic material from lake bottoms in water at least 15 feet deep. The MDNR also cites a model that shows that wake boats may actually cause resuspension in depths as great as 33 feet.
The MDNR also cites a study indicating that resuspension of silt etc. decreases water clarity, changes the depth at which aquatic plants grow, increases phosphorus, decreases oxygen, makes it difficult for fish to find food, and decreases fish numbers.
A New Hampshire Department of Environmental Services (NHDES) limnologist reports that resuspension of sediments adds nutrients to the water system, which can cause algal blooms, including harmful cyanobacteria (blue-green algae) blooms.
The Wisconsin Department of Natural Resources (WDNR) reports that exposure to blue-green algae can cause humans to experience mild to severe illness, including organ damage and in rare cases, death. The WDNR also reports that animals, including pets, can become sick and die after being exposed to blue-green algae. Activities like swimming and waterskiing simply aren’t safe in areas with blue-green algae blooms. Although the WDNR website contains a map of beach closings, the department notes that many local health agencies don’t have the ability to test for blue-green algae, and says that “when in doubt, stay out.”
Wake boats also increase the chance of aquatic invasive species being moved from lake to lake. Most of these boats have ballast tanks or bags that hold up to 5000 lbs. of water. The University of Minnesota’s Aquatic Invasive Species Research Center, which is funded by the Minnesota Legislature, has stated that “the best way for invasive zebra mussels to get from one Minnesota lake to another is aboard wake boats”.
The Center also states that “it looks like standard minimal tactics for reducing zebra mussel spread – cleaning the exterior of a boat and removing the drain plug – won’t be enough for wakeboard boat ballast tanks and some other large-volume water holding areas. A hot water flush or five days of drying are the most practical surefire ways to ensure no larvae survive.”
The online magazine “Boating” suggests that when winterizing wake boats, ballast tanks and bags be drained, and that anti-freeze be added. The need for anti-freeze seems to suggest that it is difficult to get all the water to drain from these areas.
The NHDES report also indicates that a very small amount of water left in ballast tanks/bags can contain hundreds of microscopic larvae. Also, that report cites a sea grant study of ballast that found that ballast bags typically contain residual water, that nine of 13 bags tests contained live organisms, that two of 13 contained zebra mussels, and that organisms in the bags had been alive for seven days.
Let’s keep in mind that zebra mussels are only one of many aquatic invasive species that threaten our lakes. Others include Eurasian watermilfoil, spiny water fleas, quagga mussels, and many more. Many of us have seen the enormous mats of Eurasian watermilfoil that have already completely changed the character of some lakes.
As a result of all the threats that wake boats pose, there have been calls for them to be well regulated. Senator Mary Felzkowski and Representative Rob Swearingen have introduced a wake boat bill. The bill prohibits wake surfing and wakeboarding within 200 feet of shorelines and structures, and on lakes under 50 acres or on portions of a bodies of water less than 400 feet in width. Would this bill, if made law, do an adequate job of protecting our lakes? Almost certainly not. Let’s take a look at how much restriction and protection of our waters this bill provides and doesn’t provide:
1. The bill contains absolutely no regulation of wake boats based on water depth, despite the study and modeling showing they can stir up lake-bottom silt in at least 15 feet and maybe as much as 33 of water.
2. With some exceptions, the bill prohibits wake boating within 200’ of shorelines. State law currently provides that no person may operate a motorboat at a speed in excess of slow-no-wake within 100 feet of the shoreline of any lake (200 feet for personal watercraft.) There is an exception in current law for waters on which local ordinances etc. have reduced the limit. There is also such an exception in the bill which would allow local governmental bodies to allow wake boats to operate closer than 200’ from shore.
3. The bill prohibits wake boating in all lakes of less than 50 acres in size. State law already requires that all boats run at slow-no-wake speeds on all lakes of 50 acres or less that have public access.
4. The bill prohibits municipalities and lake districts from enacting rules stricter than those in the bill.
5. The bill also says that the acreage, width and distance from shore provisions don’t apply “to duly authorized wakeboarding or wake surfing tournaments, competitions, exhibitions, or trials therefor where adequate lighting is provided.”
The bill would increase the distance from shore at which wake boating may be done from 100 feet to 200 feet – far short of the minimum of 500’ that the scientific study shows to be necessary. The bill would also ban wake boats on lakes under 50 acres with no public access. While that would be good, it’s hard to imagine that lakes of less than 50 acres would be very attractive to operators of these powerful boats in the first place. Also, the bill carves out exceptions for duly authorized exhibitions, tournaments, competitions, exhibitions, or trials thereof. The bill completely fails to address water depth and sediment resuspension issues or Aquatic Invasive Species issues. In addition, the bill allows local governments to decrease, but not increase the shoreline distance rule.
This bill clearly falls short of what is necessary to protect our lakes from the damage that wake boats can cause.
I wonder how many lake users demand artificial ocean sized waves, as compared to those who simply want to water ski, fish, canoe, kayak, swim, and conventionally boat on our clean lakes? My guess is that the users of these expensive boats represent a very tiny fraction of all lake users.
So, why are Senator Felzkowski and Representative Swearingen sponsoring this bill? Why aren’t they sponsoring a bill that reasonably regulates wake boats in accordance with the available science? Why would they sponsor a bill that fails to address some of the important issues and that would set a distance from shore rule that is much more liberal than what the available science says is necessary? Why would local governments be allowed to set rules decreasing, but not increasing lake protection?
On November 13th, Senator Felzkowski and Representative Swearingen held listening sessions in Rhinelander, Minocqua, and Eagle River. The Northwoods Star Journal reports that Senator Felzkowski said that the bill is “a starting point to a conversation”, adding “And just remember, if we don’t get it right the first time, it doesn’t mean we can’t change legislation.” It’s unclear why the starting point would be so distant from what the actual science suggests, or what possible constituency would be satisfied with a bill that falls short of what science shows to be needed. If the Legislature doesn’t get it right the first time, will it consider the matter disposed of and move on to other business?
The Public Trust Doctrine is supposed to protect our clean lakes so that they can be used use by all of us. Why should the rights of the many who use our lakes for conventional recreation be subservient to the very few who want to surf, or to the industry that markets wake boats? I don’t know the answer to that question, but we sure deserve to find out.
Apart from the few hardy souls who venture out on the great lakes in the fall, Wisconsin has no tradition of surfing. Surfing is done in oceans without the need for wake boats, and, has more recently been done on artificial waves in water parks. Wisconsin does, however, have a long and strong tradition of “going to the lake.” That tradition is critical to the tourism economy of Wisconsin, and extremely important to the lives of many Wisconsin residents. That tradition involves swimming in clean water, fishing for a variety of fish species, cruising in boats, waterskiing, and listening to the loons at dusk.
Is it fair for a relatively few people to risk damaging that tradition so that they can create an artificial water park type atmosphere to play in? Is it fair for those relatively few people to risk aging our lakes, making them greener, dirtier, and more filled with invasive species? Is it fair for those few to risk damaging our shorelines, and reducing the populations of fish and loons? I say “no” to all of those questions. If you agree, please write to your legislators and tell them that you don’t want wake boats churning the silt, eroding the shoreline, transporting invasive species, and reducing the loon and fish populations of our Wisconsin lakes.
By Kathleen Cooper November 9, 2023, Updated November 21- As if we didn’t have enough threats to our lakes, rivers, and wetlands, another serious issue has developed that can destroy lake habitat and erode the shores. This is the damage that is done to our lakes by wake-enhanced boating.
Wake boats have special ballast tanks designed to increase their displacement and create larger than normal waves for surfing or tubing. Several thousand pounds of lake water are commonly taken into the tanks to increase the wake by weighing down the back of the boat (the stern) and elevating the front (the bow) to produce giant waves. These large wakes impact other lake users, cause erosion to shorelines, flood nests of loons and other wildlife, scour the lake bottom, and damage vegetation. It also interferes with other people’s enjoyment of the lakes, because kayaking, swimming, paddle boarding, sailing, fishing, and pleasure boating can be difficult, if not impossible and dangerous, when wake boats are causing these giant waves. These huge waves also damage docks and the boats moored at the docks, as well as other recreational equipment.
Wake boats typically cost $20,000-$100,000, with most costing over $100,000, making them unaffordable for the average Wisconsinite. The very small minority of people who can afford wake boats are using them at the expense of our lake bottoms, shoreline habitat, and the majority of the people living in the Northwoods who want to fish, swim, kayak, and enjoy our lakes without the disruption and danger of the huge artificial waves that are produced by these boats. In other words, the majority of Wisconsin residents, not only the residents who live on our lakes, but all of us who enjoy outdoor activities on them, are impacted by a minority of people who can indiscriminately destroy them.
Our lakes are facing so many challenges, such as invasive species, the erosion of shorelines and shoreline habitat, pollutants from runoff (salt, fertilizers, PFAS, mining), and now the deliberate damage from the sheer power of wake boats. Just one pass of a wake boat can be devastating to an ecosystem. Multiple passes in the same area cause long-lasting damage to shorelines, water quality, and lake bottoms. In addition, the ballast tanks on wake boats cannot be fully emptied. Ballasted watercraft should not be used in our lakes or moved between lakes unless the ballast tanks have been inspected and decontaminated.
A bill introduced by Senator Mary Felzkowski and Assemblyman Rob Swearingen would prevent wake sports from operating 200 feet from shore, allow wake boating on any lake 50 acres and above, and nullify more restrictive local ordinances on wake surfing. In other words, this bill would take away local control in deciding what is permissible conduct on our lakes. In contrast, currently active studies suggesting that generation of intentionally magnified wakes used for wake surfing may require a minimum distance of 700 feet from shore and other watercraft, operate only in depths of at least 30 feet, and only on lakes larger than 1,500 acres. Obviously, the bill introduced by Felzkowski and Swearingen does not go far enough to preserve our lake quality, and if passed, would take away the rights of local residents to author more restrictive measures that would truly protect our lakes.
If you are concerned about the health of our lakes, not only for our lake ecosystems and habitat, but the quality of life of all of us who enjoy our lakes, please voice your concerns to Senator Felzkowski and Assemblyman Swearingen. They hosted listening sessions on this subject on November 13 in Eagle River, Minocqua, and in Rhinelander. If you weren't able to attend these sessions, you can call or write to them by calling the legislative hotline at 1-800-362-9472.
WXPR coverage here Wake surf legislation introduced in Wisconsin brings boat debate to a head | WXPR
Update By Eric Rempala October 22, 2023- As environmental groups ramp up their efforts to inform the public about Wave Surfing Boat impacts, State Legislators hurry to put in place milquetoast rules sans public input.
In this original September 23rd OCCWA post we shared the many detrimental effects of wave surfing boats. We directed attention to the Last Wilderness Alliance's (LWA) efforts in educating Northwoods residents. Well, not surprisingly things have rapidly changed as the boating industry tries to fast forward favorable legislation.
Senator Felzkowski and Representative Swearingen have proposed a bill to regulate wakesurfing which fails to provide any meaningful protection against the activities impacts. The bill states wakesurfing boats should operate no less than 200ft from shorelines. Current studies are headed to results which will suggest 500ft or more minimum distance from shore should be required. The bill also provides no minimum depth requirements. LWA recommends 20ft depth minimum to prevent lakebed damage.
On top of all that the bill would forbid any town to pass a more protective ordinance to their lakes. The proposed bills result being more stripping away of local control, much like the state's method used in our shoreland protection legislation.
What can we as residents do? Well, Wisconsin Lakes Wisconsin Lakes - Our Mission - Wisconsin Lakes | Wisconsin Lakes has a take action page which will help you find your legislators and email or call to oppose this bill as written. As we have mentioned many times before, we cannot protect our waters without public involvement. We at OCCWA urge you to consider this issue and act using Wisconsin Lakes Take Action page. ACTION ALERT: PROPOSED WAKESPORTS BILL FALLS SHORT - Wisconsin Lakes | Wisconsin Lakes
Three points one should consider making to their legislator.
1) Wave Surf Boat's minimum distance from shore should be 500ft. not 200ft.
2) Wave Surf Boat's minimum depth for operation should be no less that 20ft.
3) The State should put no restrictions on the ability of towns to adopt more restrictive
ordinances if desired.
Here is a 6-minute YouTube video produced by Last Wilderness Alliance showing impacts of Wave Surfing Boats. Wake Surfing - A Threat to Our Lakes - YouTube Must see!
If you are not sure who your legislators are here is a link to find out My Elected Officials (wi.gov)
Lastly, if you wish to attend a LWA presentation on wake surfing, there will be one in Lake Tomahawk on the 27th of October.
By Eric Rempala September 23, 2023- Recently OCCWA attended the town of Lake Tomahawk's September town board meeting. The purpose of this visit was a general update on current water issues in our county. We covered multiple issues including but not limited to PFAS and mining. In our many town visits we attempt to impart information beneficial to making local decisions on water issues, and sometimes we learn of few things ourselves.
What we learned thanks to Lake Tom's insight in inviting the Last Wilderness Alliance Last Wilderness Alliance was that wave surfing boats are incredibly damaging to our lakes if not operated in a responsible manner. What does that responsible manner look like? Well, that is something we think every town should consider. We highly recommend towns consider inviting the Last Wilderness Alliance to present their position. Contact 1 — Last Wilderness Alliance The presentation by John Richter we attended is extremely well produced and impactful. See attached Wave Propagation Impacts.pdf - Google Drive
So, here are a few facts about wave boats gathered from Sierra Club Noth Star Chapter.
" What is a wake boat?
One type of vessel, the wake boat, is exceptionally destructive if operated without care. Tanks at the back of these boats take on thousands of pounds of lake water to increase their weight, a design that causes them to ride bow-up and stern-down. Coupled with powerful motors pointing their propeller at a downward angle, the boats produce strong high-energy wakes and propwash. This allows people to surf untethered behind them.
What is the environmental impact of wake boats?
Just one pass of a wake boat can be devastating to an ecosystem. Multiple passes in the same area cause long-lasting damage to shorelines, water quality, and lake bottoms.
Wake boats erode vulnerable shorelines when the distance to shore is not adequate to dissipate the wakes. The wakes can also damage docks, swamp other boats, endanger swimmers, and destroy waterfowl nesting sites. (Waves affecting loon nest video Please Slow Down for Loons! Boat Wake Hits Loon Nest - YouTube )
The downward angle of the propwash from wake boats causes algae blooms by stirring up sediment and reintroducing sequestered phosphorus and nitrates into the water column. Lake water is warmed by this increased turbidity, making aquatic ecosystems less hospitable for native flora and fauna. Often native plants are uprooted, and fish nests destroyed.
Aquatic Invasive Species (AIS) are pumped into the ballast tanks along with lake water. These tanks are difficult to clean and end up spreading AIS to other waterbodies. Until the boating industry improves the tank-cleaning process, wake boats will continue spreading AIS. "
Clearly, one can see what this type of impact could have on the lakes in our area, which is why towns should look at being proactive in educating themselves. For clarification purposes, towns must be the leaders in adopting ordinances to regulate this type of watercraft as the County has no jurisdiction said John Richter.
We have included a photo from the cover of the book Ripple Effects by OCLRA's Ted Rulseh which is an aerial shot of a wave surfing boat and the waves they create.
See Milwaukee Journal Sentinel coverage here Wisconsin residents seek to minimize damage to nature from wake boats (jsonline.com)
Also see Lake Mildred & Clear Lake Owners Association Facebook video posted July 2nd
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