OUTDOOR CORNER: COMMISSION AMENDS NEW WAKE RULE

At its March meeting, the Missouri Conservation Commission approved a regulation change that will be of particular interest to outdoor enthusiasts in southeast Missouri. The rule (3CSR10-4.116) deals with special regulations for areas owned by other entities.

This particular amendment deals with the Headwaters Diversion Channel which is owned by Little River Drainage District. It reads as follows: "Watercraft may be operated on the Headwaters Diversion Channel, except that, watercraft with motors in excess of 10 horsepower shall only operate at slow, no-wake speed." The rule change will go into effect April 5, 1996.

The current regulation limits all boats, regardless of motor size, to no-wake speed. It has been a controversial regulation and has generated a good deal of opposition from local citizens. Fishermen using motors of 10 horsepower or less felt that they were being unduly restricted by the "no-wake" regulation. They maintain that it is only larger boats that create excessive wakes resulting in ditch bank erosion and "swamping" of smaller boats.

In response to public concern, the Rules and Regulation Committee of the Missouri Department of Conservation (MDC) recommended the regulation change to the members of the Conservation Commission. The Commissioners accepted the proposal and, after passage, it was filed as an emergency amendment. This allows it to take effect almost immediately (April 5) as opposed to waiting for the 1997 "Wildlife Code."

The end result will be that watercraft with motors of 10 horsepower or less can operate on the diversion channel at whatever speed they choose. Watercraft with motors in excess of 10 horsepower are still required to operate at slow, no-wake speed.

The restrictions on operation of larger motors is necessary to meet stipulations set out by Little River Drainage District and, at the same time, allow the larger boats public access to the Mississippi River.

When the current "no-wake" regulation went into effect (Jan. 1, 1996) we used the "Outdoor Corner" to establish guidelines concerning enforcement procedures. Those same guidelines will be applied to the new regulation.

We defined slow, no-wake speed as "the slowest speed at which a boat will operate while in gear." We plan to let a boat operate up to the speed where/when it starts a "plowing" action (this is where the biggest wakes are made).

If the boat is in the "plowing" action, the operator has obviously made the decision to operate the boat in excess of "the slowest speed at which the boat will operate when in gear."

If the boat has "planed out," it is also obvious the operator had to take the boat through the "plowing" action first and again has made his decision to disregard the regulations.

In summary, it is the intention of this new regulation to address the concerns of the "small" boats while still allowing restricted access to "big" boats. The emergency amendment will expire on Oct. 2, 1996 (180 days from its inception). Prior to that expiration date, MDC will take the steps required by law to make it a permanent change. One of those steps includes a "public comment period" of 30 days.

When that point in the process is reached, we will make readers aware of it through this column. In the meantime, questions or comments should be directed to the Missouri Department of Conservation, 2302 County Park Drive, Cape Girardeau, Mo 63701. The phone number is (573)290-5730.

~Gene Myers is a Missouri Conservation Agent in Cape Girardeau County.