Sec. 23. A person may not operate or permit operation of a watercraft if a reasonably prudent person would believe the total load aboard or the total horsepower of any motor or engine of the watercraft presents a risk of physical harm to persons or property, having due regard for the following:
(1) The type, construction, and condition or state of repair of the boat.
(2) The conditions and hazards, actual and potential, then existing, including weather and density of traffic.