Wake Boats Effecting our Wisconsin Waters

JC-

I'm in the same boat as you (pun intended) - not trying to be argumentative :)

I would offer this from your earlier post: Wisconsin State Statutes 29.921:  "For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections."

Wake boats are unable to fully drain their ballast tanks.  No one is denying this, not the manufacturers, nor their owners. This is a known fact. If you see a wake boat on the water, there is a 10 out of 10 chance they're leaving with water in their ballast tank between 20-50 gallons depending on wake boat and which article you read.  

The above said, the current law reads "Any person who removes a boat, boat trailer, boating equipment or fishing equipment from any inland or outlying water or its bank or shore shall drain all water" from the boat including in "any bilge, ballast tank or live well" immediately after removing the boat from the water, bank or shore."

How could a warden not suspect a wake boat is leaving with water in their ballast tank - it is a 100% certainty!  

Even if a wake Boat owner did not fill their ballast tank on that particular trip, there is still water in the ballast tank from the previous trip - there is 100% chance of them not following the current law, and leaving the lake with water in their ballast tank.

How can this not be enforceable?  It just makes no sense to me. 

At the end of the day, There is a law that says all ballast tanks have to be fully drained, everyone knows (including the boat manufacturer) that the ballast tanks cannot be fully drained. So there is a 100% chance of violation.

Could the owner of a fishing boat (Lund, Crestliners, Mirro Craft) burry their live well tank in their boat, and  tell the warden "sorry it's not accessible", the answer is of course not. So how can wake  boats get away with the exact same thing?

The current law is being selectively enforced, there is no other conclusion...

Absolutely everybody understands that wake boats are transferring water from lake to lake, no one is even denying this, not even the people who are doing it.  

So what is the answer? Let it continue and ruin our waterways?  

prj - the boating regs will have a combination of actual laws (statute or code) and will also have suggestions, ideas, and "best practices" that aren't law. When you read that pamphlet the paragraphs and bullet points that say "wisconsin law requires you to......................." are law.   The part you posted doesn't say that. If you note the paragraph before the one you posted says Wisconsin law requires you to drain, inspect, and remove vegetation - now that's law.

Anyway, I'll still eat my words if an actual code or statute is referenced or linked that requires disinfection and drying. I don't believe it exists so I'm not going to look.
 

Good citations.  Thanks for efforting those JC. 

Not to start an argument and I agree wake boat ballasts should be inspected by wardens.  However, and as I have said, wardens have apprehension to do so (as referenced in various articles) since it starts getting into potential liabilities if they start running cameras into ballast tanks without due cause.  Right or wrong, they worry just like everybody else about their job if they overstep their authority.  If wardens are above the law and don't have to abide by the Fourth Amendment, then why aren't they breaking down your door at night and looking in your freezer just for the off chance they may stumble upon somebody eventually with an extra fish in their freezer?

"As far as the legal issue, wardens do not need probable cause or a warrant."

Wisconsin State Statutes 29.921:  "For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections."

Wisconsin State Statutes 29.924(3): "Investigations. The department and its wardens shall, upon receiving notice or information of the violation of any laws cited in s. 29.921 (1), as soon as possible make a thorough investigation and institute proceedings if the evidence warrants it.   

Wisconsin State Statutes 29.924(3):  "Opening packages. The department and its wardens may examine and open any package in the possession of a common carrier which they have probable cause to believe contains wild animals in violation of this chapter, or carcasses, or is falsely labeled in violation of this chapter."

Wisconsin State Statutes 29.931(1): "The officer also may, with or without warrant, open, enter and examine all buildings, camps, boats on inland or outlying waters, vehicles, valises, packages and other places where the officer has probable cause to believe that wild animals, carcasses or plants that are taken or held in violation of any of these laws are to be found."

I was stretching with that, Fin Bender, but thought I remembered similar language in the regs.  And by damned, its pretty close!

p. 25, WI Boating Regulations
"When you leave a body of water that contains aquatic
invasive species, you also should disinfect everything by:
• Rinsing your vessel, propeller, trailer, and equipment
with hot water (at least 104° Fahrenheit), or...
• Air-drying your vessel and equipment for at least five
days."

Quote: "That is more than most live wells hold in total, and far far more than will be held in a emptied live well, or bilge compartment.  Which, by the by, must be cleaned and dried prior to launch in a new water body."
 
I've never heard of the cleaned and dried part. I don't believe that's law but I'd be willing to eat my words if true. Can I get a statute or code reference from you that requires this?

Also, as a side note, I'd like to know your procedure for cleaning and drying the drain hose of your bow livewell, which is completely inaccessible.

Agreed that each boat should be treated the same, regardless if they fished or not.  Its not the fish police, its natural resources.  Water is a pretty big one.  If you can winterize those boats, figure out a way to drain the water.  If not, get a fine.  Fisherman...say they have water in the live well.  In most cases it would likely be drained at home before they head out again (assuming they didn't follow the law).  No one wants stinky fish water sitting in their boat for extended periods of time.  I see the risk very low for fisherman dumping that water in other lakes.  Should target the ones who keep the water in, if you truly are serious about it. 

As far as the legal issue, wardens do not need probable cause or a warrant. Wardens have police powers but they are not police officers.  They have vast, almost unrestricted search powers.  

They don't leave with a "ballast (tank) full of water", gobbler.  As made clear in nearly every single article published on the topic, the ballast tanks, or more likely bladders, are NOT capable of draining the last 20 gallons or more of water due to configuration or whatever design decisions were made.  The bladder is then refilled, mixed and partially redrained in the next lake a boat visits.

That is more than most live wells hold in total, and far far more than will be held in a emptied live well, or bilge compartment.  Which, by the by, must be cleaned and dried prior to launch in a new water body.

Hard to believe a wake boat would leave with a ballast full of water. Think you would take a huge risk of wreacking trailer with all that water. 

I agree that if there is a will to enforce the existing rules, then there's a way to do it.

JC-

For probable cause, I would imagine that they would have to stop the boat at the launch, or while leaving the lake.  No different than how they would stop a fisherman leaving the lake, and ask about what he caught, or ask see his live well. Any boat leaving a lake may have water in their ski locker, live well, or ballast tank - so all fair game. 

Whether a warrant is needed, I guess I'm unsure. When a warden asked to see my live well, I said of course and opened it for him.  If I was leaving the parking lot and did not drain my live well, I'm betting I would get a ticket.

I guess my thought is that the DNR shouldn't treat a wake boat any different than they would treat a fishing boat.

From what I know at this point, they absolutely do!

If the DNR is able to inspect my live well, they should be able to inspect a ballast tank on a wake boat as well.

As noted earlier, probable cause would be that they were out on the water (for any watercraft type)

They certainly couldn't stop you on the highway 10 miles away from water.  As perhaps the boat owner had water in their ballast tank (or live well) because they were rinsing the tank out with a  garden hose and forgot to dump it. 

End of the day, no special treatment for any particular boat. The rules should be enforced even handedly across all watercraft.

Right now it is a 100% known that wake boats cannot fully drain their ballast tanks - yet they get a free pass.

I believe it is out of sight out of mind for many people. However, once their home lake gets spiny water fleas, Eurasian Milfoil, or other invasive, the people who frequent the waterway will take notice.

By the time that happens it will be too late...

I don't believe that is correct, JC.  Wardens have broad powers relating to the Fourth Amendment, and the ability to enter private property and conduct searches without a warrant.  IIRC, a landmark ruling in the MN Supreme Court some decades back clarified this.  Assume it was tested by SCOTUS or similar to apply to different states as well.

I don't believe a warden can open your livewell or start poking around in your compartments without some probable cause - basically it is still illegal search and seizure.  They have more power than regular law enforcement, but they still worry about getting sued or reprimanded for going too far.  The first time they start poking around with cameras in a wake boat it introduces liability for them.  I read somewhere this is why they are hesitant to start using cameras or digging into the boats too far to look.  What if a guy never filled his ballast and the warden didn't witness him taking part in wakeboarding?  Really no probable cause he had water in his ballast.

I don't like trailering either SF!

It's OK to have the same boat, just remove weeds from your trailer, and drain your tanks!

Plum just recently got spiny water fleas, what lake is next?

Star and Trout too.  This is a big deal!  We can't sit on our hands.

I would encourage everyone to call their state legislature and the DNR. 

We really need them to take this seriously. Is your lake next?