The state Fish and Wildlife Commission voted to move forward with the process of enacting a no-wake zone at Half Moon Slough, but denied a similar petition regarding Lake Five on Thursday.

Both petitions previously appeared before the commission, which subsequently asked Montana Fish, Wildlife and Parks to establish work groups to evaluate the proposals and develop recommendations.

In February, a resident work group recommended that the commission emplace a no-wake zone on Half Moon Slough, a stretch of water on the Flathead River near Somers. The effort to restrict boating on the water body came at the behest of nearby residents, who submitted the original petition last year. Along with the no-wake zone, they asked for a seasonal closure for migrating waterfowl.

The Oct. 19 vote means that the proposed rules will go through another round of public comments before returning to the commission.

Several commissioners, including Brian Cebull and Jeff Burrows, worried that moving forward on Half Moon Slough would create an impossible precedent, one that would lead to confusion on water bodies. They also expressed concern about the ability to enforce the rule.

A majority of the commissioners, though, saw a need to move forward.

“I don't think they really have any other avenues. This is not a great process and I don't like it but I am with Commissioner [KC] Walsh and I think that we need to hear the public comment and at least give them a chance to go through that,” said Lesley Robinson, commission chair.

Members of the public who spoke at the meeting, which was in Helena, shared the same sentiment. Jeff Lucas of the Montana Wildlife Federation said that when an agency tells a group of people to solve a problem and they come back with an answer, it is the job of the agency to then listen.

Half Moon Slough sits just north of Flathead Lake and totals 32 acres. It is 400 feet wide and stretches three-fourths of a mile.

The original petition, submitted on behalf of landowners Bob Borgan, Emmett Quigley, John Stebbins and Butch Clark, claimed that wake levels on the slough have damaged the river bank. They also cited severe erosion.

“We, as landowners and taxpayers, we want to make it clear … that we are not opposed to any recreational activity on the slough or stopping fishing, that is not our purpose,” Quigley told commissioners. “Our purpose is strictly erosion.”

Montana Fish, Wildlife and Parks had recommended that the commission deny the petition because it found no threat to safety or to fish and wildlife.

THE SECOND petition before the commission, which was submitted in October 2022, asked for the implementation of a no-wake zone on Lake Five, a small lake near West Glacier.

The petitioner, Dan Simonson, originally advocated for the prohibition of wake surfing and devices used to increase wake size throughout the year, citing the lake’s small size and competitive usage with non-motorized watercraft.

“The elephant in the room is wake enhancement and wake surf boats,” Simonson said. “People are concerned about it. There's a majority of people who are concerned about it.”

A work group reached a compromise on how best to address the question earlier this year. The group pitched the idea of partially banning wake surfing and wake enhancing devices only after July 1. Even then, ballasts, wake enhancers and wake surfing would be allowed between noon and 6 p.m.

Simonson expressed disappointment with the group’s recommendation in front of the commission on Thursday.

“I would encourage the commission not to adopt this rule,” Simonson said, suggesting the body modify it or enhance it to better approach his concerns.

The commission ultimately voted to deny the petition, with members saying they lacked the authority to edit or adapt the working group’s recommendation.

“I think that what is getting lost is what the working group identified as the greatest issue,” said Suzy Boylan, a member of the work group and Lake Five resident, on Thursday during public comments. “This is a very small lake and it is a very crowded lake.”

Lake Five petitioners will now have to find a different route, be it legislation or litigation, if they want to implement change outside of the commission’s decision.

Reporter Kate Heston can be reached at kheston@dailyinterlake.com or 758-4459.