There are many things that are a bad idea, but not illegal.
There are many reasons why a swimmer can be in the water far from shore. They may have fallen of the Mount Washington, or other boat. They may have had their boat sink from under them. It could be a SCUBA diver on the surface. It could even be an irresponsible idiot availing himself of his legal right to swim across Winni un-escorted.
And if you run over any of them you better call an attorney real quick.
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