Just Sold, that boat is a long way from the NWZ. Don't forget that the NWZ only exists South-West of the big new marker.
Now obviously your boat, like all boats is a moving NWZ. So if he passed within 40' he must be traveling slower than 6 mph. It looks like he is traveling right around that speed. He is allowed to make headway speed in a NWZ even if he makes a wake. He may be cheating a little at 7 or 8 mph but I think your wrong to call him out as unobservant. There are must more agregious violators everyday.
My boat is very similar to that boat (that isn't me), plus I slip in Smith Cove, plus I kayak in that area all the time. My boat makes a wake similar to that at headway or maybe a little above.
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