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NATURAL RESOURCES COMMISSION NOTICE OF PUBLIC HEARING LSA Document #08-295 Proposed rule amends 312 IAC 5-6-9, governing the use of boats on Tippecanoe Lake, James Lake and channels connected to these lakes in Kosciusko County, to establish special watercraft zones. The Natural Resources Commission will hold a public hearing on the proposed rule amendment on August 21, 2008 at 1:00 p.m. in the North Webster Community Center Gymnasium, 301 North Main Street, North Webster, Indiana. You may appear and offer oral or written comment on the proposal. All requirements or costs imposed by the rule amendments on regulated entities under IC 4-22-2-24(d)(3) are reasonably necessary for the administration of IC 14-15 (sometimes referred to as the "Boating Code"). This rule establishes protected watercraft zones in Lakes Tippecanoe and James around an area known as the Ball wetlands. The rule is established under authority IC 14-15-7-3 (a) (4) to establish zones where restrictions for public safety can be placed on watercraft operations and IC 14-15-7-3 (a) (6) where zones are authorized where the use of watercraft may be limited or prohibited for fish, wildlife or botanical resource management. The rule prohibits motorized boating on the west side of the Ball Wetlands and creates enforceable idle zones on the other sides of the Wetlands. The impact power boating can have on emergent vegetation, stirring up bottom sediments and reintroducing nutrients to the water column, has been well documented (Asplund 2000, Beachler 2003, White 2003). Also, it is common knowledge that these impacts occur when high speed boating occurs in shallow water. Much of the proposed restricted boating area is already under idle speed restrictions (IC 14-15-3-16). This law requires idle speed within 200 feet of the lake's legal shoreline. The problem with the Ball Wetlands is that most of the legal shoreline is well within the wetlands thus making it legal for watercraft to actually travel within the wetlands at unlimited speed. Some modern day watercraft are capable of traveling through shallow, vegetated areas. Enforcing the idle speed within and around the Ball Wetlands is essentially not done under IC 14-15-3-16. Enforcement actions would have to be taken under unsafe boat operation provisions. The proposed restricted zones are established from the perceived shoreline, or the edge of the emergent vegetation beds, to make it clear to the public and law enforcement where the zone boundaries are. This addresses public safety issues of congested boat traffic in and around the Between the Lakes channel and the Grassy Creek channel as well as shallow water boating in The Flats area. It also protects the Ball Wetlands by keeping high speed boating a reasonable distance away from the wetlands. Assuming that most boaters are observing idle speeds within 200 feet of the actual and perceived shoreline, the actual additional open water that is added by the new restricted zone is about 17 acres and about half of that is water less than 5 feet deep. Establishing a 500 foot trolling motor only zone in The Flats area creates the opportunity for re-colonization of the emergent vegetation in the shallow water areas either naturally or through restoration activities. However, it should be understood the main ecological reason for the ecozones is to protect the Ball Wetland from further decline. The Department should not be obligated to undertake an expensive emergent restoration project as a condition for establishing this restricted zone. The objectives of protecting the Ball Wetlands, addressing public safety and boating law enforceability issues and providing the opportunity for natural vegetation to re-colonize the shallow areas will continue in perpetuity regardless of whether a restoration project is undertaken. Currently there is generally an absence of any kind of native aquatic vegetation in The Flats area. Re-colonization of the area by rooted native submerged plants will also provide many ecological benefits and should be viewed as a successful attribute of establishing the protected zone. Literature cited: 2007 White, Gwen M.; Bibliography of Boating Impacts on Lakes and Rivers. Lake and River Enhancement Program. Division of Fish and Wildlife, Indianapolis. 5 pp. 2003 Beachler, M. M. and D. F. Hill; Stirring up Trouble? Resuspenion of bottom Sediments by Recreational Watercraft. Lake and Reservoir Management. 19(1): 15-25. 2000 Asplund, Timothy R.; The Effects of Motorized Watercraft on Aquatic Ecosystems. PUBL-SS-948-00. Wisconsin Department of Natural Resources and the University of Wisconsin, Madison. A copy of the proposed rule amendments (together with any data, studies or analyses relied upon under IC 4-22-2-24(d) is available for inspection at the Natural Resources Commission, Division of Hearings, Indiana Government Center-North, 100 North Senate Avenue, Room N501, Indianapolis, IN 46204 (Attention: Stephen Lucas). Questions or comments may be forwarded to the same address, by telephone at 317-232-4699, or by email at nrcrules@nrc.in.gov. Copies of the proposal may also be obtained from the Legislative Services Agency, One North Capitol, Suite 325, Indianapolis, Indiana, and are open for public inspection. j14
