OUTDOOR CORNER: LOCAL BOATERS WON'T WAKE TO NEW RULE

Last week, in this column, we discussed the 1996 edition of the "Wildlife Code of Missouri." We mentioned that there were a total of 45 rules that had been changed, added or deleted since the 1995 edition of the Code Book. We then went on to discuss some of those changes in detail.

This week we will deal with one of those rule changes that will be of particular interest to many outdoor enthusiasts in southeast Missouri, especially those in the immediate Cape Girardeau area. This rule (3CSR10-4.116) deals with special regulations for areas owned by other entities. To save space, the complete rule is not printed in the Code Book but is available upon request from the Missouri Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180.

One of the amendments, or changes, to this rule deals with the Headwaters Diversion Channel which is owned by Little River Drainage District. The amendment which becomes effective Jan. 1, 1996 reads as follows: "On the Headwaters Diversion Channel, boats may be operated only at no wake speed from the Greenbriar bridge to its confluence with the Mississippi River."

Before we get into the specific regulation, it might be beneficial to provide some background, or history, of the events which led to the implementation of the "no wake" rule. In October 1982 the Department of Conservation (MDC) entered into a lease agreement with Little River Drainage District (LRDD) permitting MDC to construct a public fishing access at the Diversion Channel south of Cape Girardeau. The access, constructed in 1985 at a cost of over $186,000, is located along the east side of the north bound lane of Interstate 55 in Cape Girardeau County.

For many years, even prior to construction of Headwaters Access, LRDD has had a rule that limits outboard motors to a maximum of 10 horsepower. The primary reason for this rule was to help control ditch bank erosion. It is Little River's contention that boats with large motors create larger wakes (waves) thereby damaging the channel. In addition to the erosion factor, LRDD has received complaints from fishermen in small boats who have expressed concern for their personal safety. They maintain that the wake from large boats traveling at high speed threatens to "swamp" them. Because MDC has no legal authority to enforce the LRDD "ten horse" rule, it has been necessary to rely on voluntary compliance by boaters. Over the years, there has been a dramatic increase in the number of watercraft utilizing the boatramp to gain access to the Mississippi River for recreational activities. Almost without exception these will be larger boats with large engines.

The end result is that LRDD has indicated to MDC that future renewal of the existing lease agreement for the access site could be jeopardized unless some action is taken by MDC to address the issue of bank erosion and boater safety.

In an effort to meet the stipulations set forth by LRDD and at the same time provide access to both the Mississippi River and Diversion Channel, the Regulation Committee of MDC amended the 4.116 rule. By establishing a "no wake" regulation, all watercraft, regardless of engine size, will be able to utilize the Diversion Channel.

LRDD has indicated a willingness to give the new regulation an opportunity. In a letter from Larry Dowdy, executive vice president of LRDD, to MDC Director Jerry Presley, Dowdy states the following: "During the period of time that the `no wake' zone is in effect and prior to the expiration of your current contract the District will monitor the activities and the situation to see if the undesirable practices have been reduced substantially."

Enough history. Back to the present. The "no wake" regulation becomes effective tomorrow and it will be a new experience for both boaters and MDC in this particular area. Because it is a new regulation, I spoke with Regional Supervisor Jerry Eddy at the MDC Regional Service Center in Cape Girardeau, about enforcement procedures.

Supervisor Eddy oversees the activities of conservation agents in the Southeast Region and gives the following guidelines concerning MDC's planned enforcement procedure. First, every moving boat makes a wake, regardless of size. Therefore, we define 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.

This interpretation allows us to use a lot of discretion and enforcement actions. It also gives us an easy means of explaining and getting the public to understand what is permitted in this no wake zone.

We plan to use a lot of discretion in enforcing this regulation, and emphasize that the courts have accepted this enforcement policy throughout the state because it does take into account that there is a clear difference between idling, plowing and planing.

Both supervisor Eddy and I agree that the policy outlined above is the one that we should adopt concerning the no wake regulation for the Diversion Channel.

As always, questions or comments should be directed to: "Missouri Department of Conservation, 2302 County Park Drive, Cape Girardeau, MO 63701, phone (314) 290-5730.

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