Question:
Over the weekend I was crewing on a sailboat for NOOD Regatta out of
Annapolis.
We were on a starboard tack, when I saw a fishing boat trolling approaching
us at an angle off the port bow. It appeared to me we were on a collision
course with the power boat. I notified the skipper of our boat that there we
were on a collision course with rhe fishing boat. My skipper said that since
we were on a starboard tack we had the right away. I also informed him that
the power boat was trolling with lines way out behind the boat. The next
thing I know the power boat picks up speed to clear us, causing us to go
behind him, where we ran over and sliced his lines. Needless to say the
fisherman weren't too happy and we later heard threats of being shot with a
paint ball gun if he could find us...
Who was the stand on vessel in this situation?
Answer:
-Better read the regs. Sail does not always have the right of way. The sail
boat did have the right of way if the fishing boat was a sport fishing boat,
but if a commercial trawl, they had the right of way. Here in San Francisco
bay, I have seen sailboats pull in front of a Huge container ship coming
under the Golden Gate Bridge, and figure they have the right of way. They
don't and they may get run over and killed for their ignorance.
-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 troll-ing
lines or other fishing apparatus which do not restrict maneuverability.
Has nothing to do with commercial etc.
A trolling boat is merely another power boat.
-Rule three of Colregs defines each of these vessels:
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.
The term "vessel not under command" means a vessel which through some
exceptional circumstance is unable to maneuver as required by these Rules
and is therefore unable to keep out of the way of another vessel.
The term "vessel restricted in her ability to maneuver" means a vessel which
from the nature of her work is restricted in her ability to maneuver as
required by these Rules and is therefore unable to keep out of the way of
another vessel.
The term "vessel restricted in her ability to maneuver" shall include but
not be limited to:
(i) A vessel engaged in laying, servicing, or picking up a navigational
mark, submarine cable or pipeline;
(ii) A vessel engaged in dredging, surveying or underwater operations;
(iii) A vessel engaged in replenishment or transferring persons, provisions
or cargo while underway;
(iv) A vessel engaged in the launching or recovery of aircraft;
(v) A vessel engaged in mineclearance operations;
(vi) A vessel engaged in a towing operation such as severely restricts the
towing vessel and her tow in their ability to deviate from their course.
There are also rules that require sail boats to not impede traffic in narrow
channels and fairways, and traffics separation zones.
There may be harbour restrictions as well.
These are the international rules. They also apply in Australia. I use
Australia software to review Colregs.
Some countries have modifications to the International Rules and Annexes.
For example in Canada, we have modifications to almost all rules. We also
have additional rules - up to rule 46.