To the Commissioner and Members of the Legislative Body,

We, the undersigned members of the boating and wakesport community, express our deep concerns regarding the proposed regulations to define waterbodies where wakesports will be allowed. While we acknowledge the intent to promote safety and fairness, we believe these regulations may not be the most effective solutions and could have significant negative impacts on local marina owners and the broader boating community. We urge you to reconsider the proposed regulations and engage in dialogue to find safer and more equitable alternatives. Below, we outline our concerns and propose alternative solutions:

1. Concerns Regarding Water Erosion
   Water erosion at lakes like Barren River Lake, a primary location for many of us, is predominantly caused by natural factors such as high winds, white-capping waves, and fluctuating water levels due to flood control measures (e.g., a 30-foot drop to winter pool). The impact of wakeboats on erosion is minimal compared to these natural elements. We request that erosion concerns be studied further with scientific data before attributing significant blame to wakesports.
2. Safety Through Education
   We strongly advocate for mandatory boater education as the foundation of safety on our lakes. We propose requiring classes for obtaining and renewing operating licenses for all watercraft. These classes should cover boater safety, etiquette, proper times and procedures for watersports, courtesy toward other boaters (including fishing boats), and basic navigation knowledge, such as the meaning of red and green vessel lights. With the recent influx of new boaters post-COVID, education is critical to addressing most boating conflicts and safety concerns.
3. Concentration of Wake Boats in Designated Areas
   Forcing all wake boats into limited zones will likely worsen the issues of erosion and safety that these regulations aim to address. Concentrated boat traffic will intensify wakes and waves in specific areas, increase overcrowding, and heighten tensions among boaters, ultimately threatening safety. We propose distributing boat traffic more evenly across lakes to mitigate these risks.
4. Idle Zones Around Commercial Docks and Marinas: While we support idle zones around commercial docks and marinas to protect local businesses, we oppose no-ski zones that inadvertently cause larger waves when boaters slow down without idling. For instance, a local marina owner on Barren River Lake requested an idle zone to protect assets but was given a no-ski zone instead, leading to unintended consequences. Additionally, overly restrictive regulations threaten the financial viability of marinas by discouraging boating activity. We request clear idle-only zones and better education on idling versus planing to address these concerns.
5. Concerns About Fishing Tournaments:
   Fishing tournaments, often involving 50 to 100 boats, create unsafe conditions at boat ramps and on the water. Boats idling in idle-only zones, followed by high-speed races (60-70 mph) to fishing spots, pose significant risks, especially to individuals in the water. Continuous wakes from these events often exceed those from wakesports. We urge regulations and education to address these unsafe practices during tournaments.
6. Technology Limitations of Wake Boats: Not all wake boats are equipped with modern navigation technology, such as lake maps or boundary chips, making compliance with designated zones difficult or impossible. We request that any regulations account for these technological limitations and provide feasible compliance options for all boaters.
7. Request for Discussion: We, the undersigned, respectfully request the opportunity to discuss our concerns regarding safety, multiple uses of waterbodies, fairness, and alternative solutions. The wakesport community is committed to working collaboratively to find safe, fair, and mutually beneficial alternatives to the current proposals. We look forward to scheduling a meeting to address these issues before any regulations are finalized.

**We, the undersigned, call on the Commissioner and Members of the Legislative Body to: 

• Reconsider the proposed regulations on wakesports.
• Implement mandatory boater education programs to address safety concerns. 
• Ensure fair distribution of boat traffic across waterbodies to prevent overcrowding and erosion. 
• Establish clear idle-only zones around marinas and docks to protect local businesses without discouraging boating. 
• Address unsafe practices during fishing tournaments through targeted regulations and education. 
• Engage in dialogue with the boating and wakesport community to develop practical, equitable solutions.**

 

Attachment D-1

Kentucky Fish and Wildlife Commission Meeting

DISCUSSION ITEM

DATE: March 21, 2025

Item: Create definitions and regulations to define the waterbodies and the area of some waterbodies where wakesports will be allowed

• Amend 301 KAR 6:001 — Definitions for 301 KAR Chapter 6.
• Amend 301 KAR 6:030 — Waterway safety requirements.

Regulations 301 KAR 6:001 is the definition regulations for Chapter 6. Regulation 301 KAR 6:030 prohibits certain unsafe practices on the waterways of the Commonwealth

KDFWR proposes the following definitions:

• “Wakeboat" shall be defined as a motorboat that has one or more ballast tanks, ballast bags or other devices or design features used to increase the size of the motorboat's wake.
• “Wakesports” shall be defined as:
  • operating a wakeboat with ballast tanks, bags, or other devices or design features engaged to increase the size of the boat's wake; or
  • using a surfboard, wakeboard, hydrofoil, or similar device to ride on or in the wake:
    • directly behind a wakeboat without a rope; or
    • directly behind a wakeboat with or without a rope, when the wakeboat has ballast tanks, bags, or other devices or design features engaged as described above.
• “Wakesports zone” means an area of reservoir or river that is at least 300 feet from shore on all sides, and at least 300 feet from a commercial dock or moorage harbor, and at least 300 feet wide and is a minimum of ½ mile in length.

KDFWR proposes the following amendments to 301 KAR 6:030:

• Create a list of lakes and rivers where wakesports activities would be permitted. Wakesports would be prohibited elsewhere.
• Create “wakesports zones” on each waterbody where the activity is permitted. The wakesports zones would follow the definition: 300 ft from shore on all sides, and at least 300 feet from a commercial dock or moorage harbor, and at least 300 feet wide and is a minimum of ½ mile in length. Note: These areas would still be open to all users and are not exclusive to wakesports. Maps would be created of the wakesports zones of waterbodies where the activity is allowed.
• Wakeboat users shall drain the ballast tanks of their boats to the fullest extent practicable upon leaving a body of water and before leaving the ramp area.

Participation in wakesports are becoming more popular among recreational boaters. Wakeboats possess special design features intended to create bigger wakes of sufficient size that a person may surf on the wake (without a tow rope). Waves can be 2-3 times larger than regular boats and contain much more energy and power. Research has shown that a wakeboat wave must be at least 500 ft from shore to have the same energy as a wake from other boats 200 ft from shore. These larger wakes have been shown to have the following negative effects: pose a danger to other boaters, damage property (boats, docks, etc), cause habitat destruction in shallow waters, erode shorelines, resuspend nutrients leading to harmful algal blooms, and spread aquatic invasive species in ballast water. KDFWR has received complaints or staff have expressed concerns on many of these issues. A number of other states have already begun regulating these activities.

Sincerely,

The Undersigned Boating and Wakesport Community