Right of way incident, your critique requested

[c34no1471]

RE:  "A sailing vessel shall keep out of the way of ... a vessel engaged in fishing".  I believe that means "a vessel engaged in (commercial) fishing" and therefore restricted in its ability to maneuver. I don't think it applies to the sportfishing powerboat.  I've had many sportfishing boat captains angry with me when I'm under sail and I don't change course to accommodate their trolling lines.  I usually do so to be polite, but I don't believe I'm obligated to do so. Comments?

[Ken Juul]

Its unfortunate, but there are too many boats on the water that are there because of somebody's checkbook.  A couple years ago we were a couple miles behind a sailboat crossing a very busy shipping channel.  I could see the owner of the boat in front of us, he was stretched out on the cockpit seat with his back against the cabin reading a book on auto pilot.  Oblivious to the situation around him.  A container ship was coming down the shipping channel at about 20 kts.  The pilot politely got on the radio and suggested that the sailboat either change course or prepare to abandon ship.  The sailboats owner indignant reply was "how dare you disturb my peacefull day on the water, but I will change course".

You did right.  Protect your investment.  Have your horn ready, when in doubt, 5 blasts....even it they don't know what it means it will get their head out of their book or cabin or what ever.

[Bill Asbury]

Fishing is in my DNA and I had lots of power boats before and since acquiring a sailboat.  I learned young to be quiet and to give fishermen a wide berth when operating noisy, wakey powerboats in my native KY waters.  Here on the Chesapeake the main thing to watch out for are powerboats trolling.  It is simple courtesy to notice if they have lines out and if so not to cut across their wake too close behind their boats, because their lines could be cut.  I was out one day on our sailboat and observed a trolling boat with a large rockfish (striped bass) on the line when a motor yacht came cruising by not far astern of the trolling boat oblivious to what was going on and cut the line, never acknowledging the screams of anquish from the fisherman.

 

[Indian Falls]

According to Rule 3, General Definitions of the COLREGS:

(d) The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restrict maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manageability.

So it seems, power boats and fishing charters, who have their rods in the water, are not considered a "vessel engaged in fishing"

An overtaking situation was mentioned, in reply#3,


(b) A vessel shall be deemed to be overtaking when coming up with a another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.

(c) When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.

(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.

[Hawk]

As one ponders the difference between "restrict maneuverability" and "restrict manageability" in Rule 3 when closing fast with a vessel engaged in fishing, (ie. do I have to move or does he?), recall Rule 2 which provides the overriding responsibilty to avoid collision even by departing from the Rules.
In other words, standing on your Rule because you are right, which then causes or contributes to a collision, is itself a breach of the Rules.

Hawk

[Indian Falls]

I agree that they should not change wording in a definition. ie: maneuverability and manageability could be and will be perceived as different things.  In the first sentence it even says fishing with lines and then says does not include fishing with lines. 

Do outriggers inhibit maneuverability?  sure they do. 

As a sailor second and a considerate person first, I would use my acute common sense and give way to anyone dragging "something" behind or along side the boat, it's a free country and a big lake. 

[Ken Juul]

Not really a right of way story, but it fits this thread.  Last Sunday we were on a friends 38' flybridge fishing boat.  The plan was to run up the bay about 20 miles and pick up some crab, tour historic "Tangier Island" and get home before dark to watch some football.  Wound our way out the creek that has really silted in this year added power and started on our way.  A few minutes into the trip it was evident that there was something wrong, were only making about half the speed we should with lots of black smoke. Decision was made to head back in.  As we were approaching the outer markers for the channel a ~40' sailboat was working it's way out.  Rate of closure would have had us passing each other at a 90° bend in the channel right where all the shoaling was.  I suggested that we do a circle before we entered the channel, let the sailboat get out.  The two powerboat owners on board made a couple "taking care of your sailboat friends" kind of comments, but did the turn anyway.  As the sailboat passed us, all 3 of the adults on board stuck their heads out of the cockpit and said thank you, my friends were totally shocked, they had never had that happen before.

Point of the story is that there are folks on the water that don't think ahead, don't mentally stay ahead of the boat or think about the other boats they are sharing the water with.  What is even worse is they don't think of the situation they will put themselves in, we would have been on the outside of the turn, his running gear would have been very close if not aground.  If we had not done the circle, it would not have violated the rules of the road, but even he mentioned that when it was his turn, that it sure was alot easier having the narrow channel to himself.

For those that are wondering, his props were totally fouled with growth.  He keeps his boat here, but home is a plane ride away, he had no idea of the severe fouling problem we had this year because of the lack of rain and hot temps this summer.  Next visit he is going to have a diver clean the boat before he comes down.

[David Comando]

We carry 2 air horns in the cockpit, in the cut-out under the port and starboard winches. In our 23 years of sailing I had to blow the horn once when a commercial fishing boat, SPARKY, was bearing down on us with our then 8 month old daughter in the cockpit with us. There was no one at the helm of Sparky, till I blew the horn. Sparky then made a radical turn which waked us, but thank God didn't hit us. It took my wife a long time to recover from that near miss.
We test the horns every July 4th.

[Lance Jones]

An incident at the Annapolis Show sort of shocked me. I was returning to our rented house at Sarels Boat Yard on the Water Taxi. We had another boat crossing from Starboard to Port (right of way). We were on a collision course. I asked the Captain (USCG Certified Captain) if he was going to yield. He said, "see that red light on his bow? That means HE has to stop." I said in a slightly high voice than before, "WHAT?!?!?!" I then suggested that he might want to yield. At this point the other boat turned away and yelled at our boat on the radio about right of way issues. Our fair captain responded..."Oh, sorry, I didn't see you." ?!?!?!?!?!

I guess I ought to take his on-line certification course.