“Education is crucial to keeping waterways safe,” Sgt. Mark Dutton of NC Wildlife Resources Commission told residents during a special presentation at the North Clubhouse on Wednesday, January 26.
Dutton and fellow Wildlife Officer Gary Caulk attended this hour long ‘meet and greet’ at the invitation of Seven Lakes Landowners Association [SLLA] Directors Bruce Keyser, Jr. and Chuck Mims, who are spearheading efforts to increase safe boating through education, improved rules and possible enforcement by the state agency.
“Our primary objective is to assist you and make your lakes a safe place for recreation,” explained Dutton. “Does that come with a price? Yes. Let’s not sugarcoat it, but you need to ask yourself some hard questions.”
“Do you want to maintain the quality of life of the place you invested in? Do you want to maintain a safe recreation atmosphere? You need to ask yourself what you’re tying to accomplish,” he said.
Of particular concern in the last year has been an uptick in reports of impaired and reckless boating on Lake Sequoia, the community’s largest lake and, arguably, most important asset.
“We have not taken these concerns lightly and we are looking at ways to curb past problems and prevent future ones,” said Director Keyser. “We want whatever we do to be a positive for the community.”
A first step towards that goal is a Boating Education Course for children and adults scheduled for Sunday, April 10, starting at 1:30 pm in the North Clubhouse. There is no fee to attend, but space is limited to thirty participants.
To register, please contact the SLLA office or visit the NCWRC website for more information on other available classes.
Misconceptions and common questions
Formed in 1947 to conserve and manage the state’s fish and wildlife resources, the NC Wildlife Resources Commission [NCWRC] is also the primary agency tasked with enforcing boating safety. Currently, there are two hundred active officers and Dutton and Caulk, who both grew up and continue to reside in this immediate area, serve as the primary contacts for Moore County.
Jumping in feet first, Dutton addressed what is perhaps the number one misunderstanding about lakes — who owns them?
Essentially, Lake Sequoia is a privately-controlled lake, but North Carolina laws apply.
“Your lakes are privately-controlled bodies of water. Your association surrounds and controls total access to the body of water — but every body of water in North Carolina is privately-owned. What is unique is that you control 360 degree access. You control who comes and goes,” said Dutton.
“The water in itself is not private: it is considered waters of the state. It is now, it has been, and always will be.”
“Just because you haven’t had law enforcement before [on Lake Sequoia] doesn’t mean you haven’t had to comply with state law. It just hasn’t been enforced,” said Dutton.
The only exemptions to state-enforcement are granted for private ponds that are lined with a single tract of land: for example, an irrigation pond on a large tract of private land.
During questions, Northsider Joan DeBruin pointed out that Seven Lakes has many rules for boating but lacks a way to consistently enforce those regulations.
Dutton responded that a community may adopt stronger rules, but not more lenient ones, than state law. For example, NCWRC officers only police boats in motion and cannot enforce a speed limit or curfew hours on Lake Sequoia; however, they can address any criminal activity witnessed, such as disorderly conduct or reckless and negligent boat operation.
In addition, there are alternative options the community can undertake to broaden enforcement, Dutton said, including petitioning the state for an enforceable ‘no wake’ zones around a troublesome area – such as along a lake perimeter or a boat launch.
Two state laws that are often overlooked, Dutton said, require boat operators under the age of twenty-six years to take a certified boating safety course, and require children under the age of thirteen years to wear a life jacket when a boat is in motion.
“Education is very beneficial. You can go overboard and be too regulatory. You have to let people go out and enjoy recreational boating, but within certain parameters,” concluded Dutton.
