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I would double check with your states boating regulations as I believe the previous blanket statement to be inaccurate. I do a large percentage of my boating in Wisconsin which has a regulation in their Boating regulations Handbook which expressly states it is illegal for anyone to operate a motorized vessel with a H.P rating that exceeds the capacity plate. Now, I do not believe such regulations are meant for borderline cases such as yours but more for the guy who is trying to mount a 150 H.P outboard on a dinghy. I also have seen companies online which will make a capacity plate that says pretty much whatever you want and I am sure no DNR personal will be versed in H.P limits for classic Whalers from memory.