What about ducks, beer?

The Whitefish City Council annexed Whitefish Lake on Monday, but city officials are still clarifying a couple of issues - namely, will boaters still be able to drink a beer or hunt ducks from their boats?

The annexation was a procedural detail needed to move forward with the city's new planning boundaries that extend zoning and subdivision jurisdiction roughly two miles from city limits. Assuming control of a body of water as large as the city itself, however, raised questions from council members.

Councilman Tom Muri earlier this month asked about the effect such an annexation would have on the police and fire departments. That prompted City Attorney John Phelps to draft an explanatory memo.

"Merely by annexing Whitefish Lake, the Whitefish Police Department is not obligated to institute any particular level of patrol," Phelps said in his advisory. "When to patrol and how much to patrol would be in the discretion of Chief [Bill] Dial, based on the perceived need."

Dial told the council he intends to team up with the state Department of Fish, Wildlife and Parks to patrol the lake, using state money available for compensating police officers who assist in patrolling state waters. A patrol boat would cost about $35,000, but the city could use asset-forfeiture funds or manufacturer programs to help pay for a patrol craft, according to Dial.

Fines generated from police patrols on the lake also could help pay for a boat.

The state would still enforce fish and game regulations, Phelps said, but city police would enforce rules on boat registration, life jacket use, operating under the influence, reckless operation of a boat and other related violations.

Phelps said he and Dial will check into existing open-container laws to determine how the city will handle violations on the lake. An open-container law passed by the Legislature this year applies only to motor vehicles, not boats.

Council member Cris Coughlin said having a beer out on the water is a time-honored tradition in Whitefish, and wondered whether boaters can now expect a "Miami Vice" type of treatment for open containers. She was the lone council member who voted against the annexation.

Duck hunting on the lake was an issue Phelps hadn't anticipated, and those regulations are "still being clarified," he said, in light of a city law that forbids discharging a firearm within city limits.

Whitefish Lake is within the fire department's jurisdiction, and Fire Chief Dave Sipe said his department is already involved in emergency medical rescues on the lake. Having a police boat on the lake could speed up rescue efforts, Phelps noted in his memo.

Whitefish attorney Frank Morrison brought up the issue of lake ownership, maintaining that the federal government has control of Whitefish Lake, based on its history as a commercially navigable body of water.

"The federal government has water rights superior to the state," Morrison said. "If you do this [annexation] without federal government participation," the city would be vulnerable to lawsuits.

Some council members wondered if the federal-government issue should be pursued, but an amendment to check on the ownership status failed.

"I'm very confident the state has the authority to invite us to annex the lake," Phelps said.

The annexation doesn't affect lakeshore property.

Whitefish resident Hal Bennett asked if it was the city's intent to impose additional fees such as taxing people who take water from the lake. Phelps said the city has no legal means to impose taxes on lake water.

"It hadn't occurred to us to tax people for water, but I can't imagine how the city could regulate it," Phelps said.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com.