Swearingen, law enforcement attend wake boat demonstration

State representative Rob Swearingen (R-Rhinelander), Oneida County sheriff Grady Hartman and Minocqua Police Department water patrol officer Terry Pockat took part in a wake boat demonstration on Lake Minocqua June 27. 

Bill Stengl, manager of Gage Marine in Minocqua and a former Minocqua town supervisor, was also present and spoke on behalf of the controversial watercraft.

He explained why he thinks there are ways to regulate them short of a complete ban so that people can still enjoy the activity. 

Chayce and Braeden Walker, sons of River News and Lakeland Times publisher Gregg Walker, have been participating in wake sports nearly their entire lives. It was their idea to hold the demonstration of how these boats work to enlighten those who are making and enforcing laws. 

Chayce and Braeden Walker demonstrated their skills on a surfboard or wakeboard. Chayce Walker stated that what’s needed is common sense from operators, not necessarily regulations. 

He said he knows there’s a “massive lack of knowledge out there” surrounding boats used for wake sports “and getting the people that make the laws and enforce the laws ... was important for them to see what it’s all about and hear both sides of the story.”

“And it was successful because (each one of them who attended) now know the difference between surfing and wake boarding.”

Chayce Walker said he’s been skiing and wake boarding on the Minocqua Chain for about 20 years, “and I’ve never seen the lack of respect and knowledge of boat drivers like I have recently.”

He said he used to go out on the lake every day, now it’s once a week. 

“It used to be every day,” he said. “It was pretty cool, like you would never have any issues. Now I go out once and you see at least one or two boats being pretty disrespectful.”

Swearingen said the demonstration was his first first-hand experience with these types of boats. 

He said he’s seen wake surfing activity in the distance while boating himself, but never an up close until June 27. 

“It was quite an education,” he said. “The difference between wake surfing and wake boarding is very dramatic … interestingly enough, I find it enlightening that wake surfing is actually at a slower speed versus the wake boarding.”

The last few summers, contention, especially in Northwoods communities, but across the state, has been growing with regard to wake sports and the boats used for that activity. 

Some groups, like the Last Wilderness Alliance in Presque Isle, have lobbied for their local governments to put in place local ordinances banning certain operations of the boats to not produce the “enhanced,” “hazardous” or “excessive” wakes. 

Environmental concerns, such as the wakes disrupting lake beds, and the transferring of aquatic invasive species through large ballast tanks are two concerns, among others, that those in favor of banning the wake operation often list. 

Swearingen acknowledged this issue has been “brewing” the last few summers and said he’s always had the opinion that regardless of the sport, “there’s always been some bad players.”

During the demonstration, Swearingen was able to see wake sports done far away from any shoreline in the deepest part of Lake Minocqua. While heading out to that spot, a person was pointed out driving their boat within 100-feet of the shoreline and producing a decent sized wake, which already goes against state law. 

“I’ve said this before in the past, just because you own a wake surf boat doesn’t mean you’re the most evil guy on the water, you just have to do it responsibly,” Swearingen said. “In this case, it appears to me, the boat operates much better in deeper water and therefore the guy that owns a boat for this cost is going to want to operate the boat in the best manner to protect the boat and have more fun with it.”

He said it makes the most sense for those operating wake boats for sport to stay in the middle and deepest parts of the lake. 

A bill authored by Swearingen and state senator Mary Felzkowski (R-Tomahawk) to regulate enhanced wakes was introduced last legislative session, but it never received a hearing. 

Swearingen said they worked on the bill “diligently for several months” trying to bring both sides to the table. 

“We had a lot of great discussions,” he said. “The bill had come a long, long way.”

The bill, which was heavily scrutinized, was supposed to be a starting point, according to Swearingen. He added it wasn’t true that it was a bill “specifically for the wake boat industry.”

“So by the time the bill had evolved and even though we couldn’t get it across the finish line, it had changed really dramatically, to the point where smaller lakes probably wouldn’t see wake boat activity for a couple of reasons,” he said. “ … we came a long way, but at the end of the day both sides couldn’t agree on some compromise, so we’ll see what happens next session.”

The next legislative session will begin at the start of next year. 

From conversations with Felzkowski, Swearingen said this issue could be the most controversial issue the two have ever tried to tackle. 

Swearingen has been a state lawmaker for roughly a decade. 

“Unless we can get some sides back to the table where they can agree on a compromise, I’m not sure who might take it up,” Swearingen said. “It could be us again or maybe some other legislators might want to take a kick at it as well.”

Manitowish Waters town chairman John Hanson feels strongly about maintaining local control. 

At town board meetings, while discussing the possibility of enhanced wake regulation, he has said that he believes if a local ordinance is adopted, it should be because no one knows the lakes like the people who live on them. At the same time, he indicated disdain for state laws superseding any town’s powers in this regard. 

Swearingen indicated he feels the local ordinances being debated at the local level aren’t the right way to go. He noted they’re unenforceable and will cause problems. 

The potential  inconsistencies in individual ordinances from town to town also pose difficulty as well, he noted.

Hartman said he learned a number of things from the wake boat demonstration.

Like Swearingen, Hartman said he had not been on a wake boat before. He said he thought it was “fascinating.” 

Hartman has previously stated that wake ordinances are unenforceable by the sheriff’s office, similar to any other local boating ordinance, unless it’s also a state law. Vilas County Sheriff Joe Fath has expressed the same sentiment.

“Well, we haven’t had a lot of inquiries about it at all really,” Hartman said. “But it’s been so controversial in the towns that are talking about it, I wanted to see with my own two eyes to understand what it is.”

If wakes are going to be regulated, Hartman said, he thinks it should come from the state level. 

“Having different regulations for each town does lead to some confusion and chaos,” he said. 

Pockat said he was happy to attend the demonstration as well. He learned the difference between wake surfing and wake boarding and got to see what a ballast was and how it operates. 

He also observed that the waves dissipated faster than he originally assumed. 

“Meaning they’re a lot … quicker to dissipate … they don’t wash to shore for miles and miles and, you know, hundreds of feet perhaps,” Pockat said. “So it helped me tremendously to understand the difference and then helped me be better out here understanding what people are actually doing to prevent any issues or educating.”

He said he only has dealt with one wake issue this year on the Minocqua Chain, but added he’s heard many complaints from boaters about it. 

Pockat indicated wake-related issues are one of the most common reasons people contact him.

There have been issues where Pockat went to speak with boaters who were the subject of complaints and found those boaters weren’t doing anything wrong. 

In one of those instances, he said he spoke with the boaters and told them he thought they were getting a little too close to shore and directed them to a different part of the lake. 

“So it’s just a matter … of education and it’s education for me, too,” Pockat said. “I’m not going to ruin their day, but I’m just giving them an opportunity to find a different spot or another area on the lake that would be better suited so everyone is happy.”

Stengl said he felt the demonstration was beneficial for lawmakers and law enforcement because it helps them understand the issue on a deeper level. He said it’s important for them to know what they’re talking about, when they’re the ones essentially mediating the debate. 

“I think so many people have no idea of what water sports is all about and what the realities are of wake surfing, wake boarding,” Stengl said. “And so to show the people who are making the decisions and enforcing the laws what the realities are versus what the opposition is trying to promote is really important.”

The biggest misconception about wake boats, he said, is that many believe “it’s impossible” to operate that sort of watercraft without causing environmental damage, among other issues, on lakes. 

“They can 100 percent be operated responsibly and courteously with just some simple ‘best practices,’” he said. 

Stengl has been selling watercraft for many years. He said he’s reviewed popular studies on the impact  hazardous wakes are contended to have.

Additionally, Stengl grew up on the Minocqua Chain on Lake Tomahawk and indicated the lakes mean a lot to him.

“The vast majority of people that own water sports boats love the lake just as much as anyone else — your fisherman, your silent sports enthusiasts … whatever it may be,” Stengl said. “We all love this lake, this community as much as anyone, and so, at the end of the day, if I honestly thought that these activities are causing environmental damage or causing other irreparable damage to the lake, I’d be the first to say ‘Hey, this isn’t right.’ But that’s not the case and the other side of the coin, all boats can create problems for a lake, all boats can create environmental damage if they’re operated irresponsibly.”

Stengl said he advocates for everyone to be mindful, respectful and courteous of how they operate any watercraft. 

“I think if we all do that, there’s room on the lake, there’s time on the lake for everybody to enjoy whatever it is that they love about lake life,” he said. 

Admittedly, Stengl said he’s not a fan of more laws and more regulation. 

However, in this case, it could be the best solution. 

“The best solution is no regulation and education, but unfortunately I don’t think that’s the reality of how we’re going to create harmony on the lake,” Stengl said. “Local ordinances amongst towns that are very challenging to enforce, in my opinion, is not a good solution. I’ve been advocating for a couple years now to take a look at this and have some … common sense legislation from the state level in order to sort of promote that courtesy, responsibility, safety that I think we’re all looking for.”

He said he suspects some sort of legislation will be crafted during the legislature’s next session. 

“Would I prefer not to have any legislation? Yeah, but having a patchwork of ordinances — some towns banning it, some towns saying you can have heavily restricted (use), some towns not doing anything at all — I don’t think is a good solution,” Stengl said. “So … I think a state solution that promotes responsibility, safety and environmental protection I think is the next best option to education.”

Trevor Greene may be reached via email at [email protected].