Boat right of ways

Ike-110722

Chief Petty Officer
Joined
Sep 3, 2007
Messages
408
Re: Boat right of ways

Interesting discussion. Back in 1976 when I was a green ensign right out of Officer Candidate School, working in Boating Safety, I was assigned to write an article for a Public Service Announcement (PSA) concerning just this subject. Out on Long Island there was a channel that was a favorite fishing area and at the upper end of the channel was an oil terminal. (I imaging it still is) Obviously the Oil tankers were constantly coming and going. Fishermen were annoyed that they had to stay out of the way of the tankers. Too bad. I called the article David and Goliath.

Ned is closest, and yes, everyone should take a boating safety course. But Home Cooking has a good point too, but here's my two cents worth. Back before COLREGS there was a rule called the General Prudential Rule. It is still in the COlREGS but not called that anymore. Essentially what it says is; if all else fails take whatever action is necessary to avoid a collision.

I look at it also from the point of view of maneuverability. If you are in a small boat, say 20 feet or less, you are a lot more maneuverable than a tanker who can only travel in the channel. And as pointed out if you have lines out and are trolling, that does not qualify you as a vessel restricted in it's ability to maneuver. If you are fishing and anchored in the channel, then you have no right to be there anyway because you are obstructing the channel.

But as was said if you are fishing underway and approached by another boat, who is the burdened vessel is dependent on who is passing who from what direction or, is it a crossing situation? It is courtesy for large vessels (your example a 50 footer) to slow down and not capsize you, but they have no legal obligation to do so, unless they are throwing a wake that will cause an accident or damage. Unfortunately theses days you don't see a lot of courtesy on the water.

There is no right of weight, but there is common sense, and if I am out in my 12 foot rowboat and approached rapidly by a large power boat (which happens frequently on American Lake) I am going to try to put as much distance between me and him as I can. If that means pulling up my fishing lines so be it. It's better than ending up in 40 degree water.

So you need to read the rules, determine what the situation is, and that will tell you who has the obligation to alter course or maintain course and speed. But always keep it in mind that the other fellow may not have a clue so it is best to take whatever action is necessary, as EARLY AS POSSIBLE, to avoid a collision. And never insist ("damn the torpedoes, full speed ahead") on the right of way. There is an old ditty that goes

'He was right, dead right as he sailed along, but he's just as dead as if he were wrong."
 

airshot

Vice Admiral
Joined
Jul 22, 2008
Messages
5,362
Re: Boat right of ways

At least per Ohio administrative code, there is no 500 nor 100 foot rule. Even more importantly, it specifically excludes recreational fisherman who are trolling, they are not considered as engaging in fishing unless they have gear down that restricts the boats capability. (nets, draglines, etc...)

. Perhaps you should explain this to the lucas county sherriff and the dept of natural recources officer that wrote tickets to boaters on two seperate ocassions in lake erie just off the toledo channel. Apparently they are not aware of that. You see i was the guy in the little boat that was nearly swamped by the guys in the big power boats. Luckily enough on two ocassions the sherriff and DNR boys happen to be close enough to see it. Both recieved heavy fines according to the letters sent to me in response to their arrest.

Airshot
 

blackhawk180

Petty Officer 1st Class
Joined
Jun 14, 2012
Messages
367
Re: Boat right of ways

Well, I'm no expert but remember accompanying my brother in law who is a harbor pilot bring in a larger tanker into puget sound. In front of us was a sailboat, clearly in our path, clearly with the right of way. Brother hailed him on the radio and the sailboat captain replied "I have the right of way" to which my brother replied; "yes, you do.... but if you think I can stop or turn this vessel in time to avoid a collision, you are incorrect". The sailboat turned away.
Sometimes, common sense is the best course of action.
I appreciate all the input/comments in this post and admit to reading over all the rules for Washington state as a result. Love this site.
 

boatpoker

Seaman Apprentice
Joined
Dec 29, 2008
Messages
46
Re: Boat right of ways

At least per Ohio administrative code, there is no 500 nor 100 foot rule. Even more importantly, it specifically excludes recreational fisherman who are trolling, they are not considered as engaging in fishing unless they have gear down that restricts the boats capability. (nets, draglines, etc...)

. Perhaps you should explain this to the lucas county sherriff and the dept of natural recources officer that wrote tickets to boaters on two seperate ocassions in lake erie just off the toledo channel. Apparently they are not aware of that. You see i was the guy in the little boat that was nearly swamped by the guys in the big power boats. Luckily enough on two ocassions the sherriff and DNR boys happen to be close enough to see it. Both recieved heavy fines according to the letters sent to me in response to their arrest.

Airshot

All vessels are responsible for their wake and the damage it does. This is not the same thing as the topic under discussion.
 

Ned L

Commander
Joined
Sep 17, 2008
Messages
2,268
Re: Boat right of ways

Blackhawk - As I suspect a tanker in a situation that warrants a pilot to be on board would qualify as "a vessel restricted in its ability to maneuver" in the sense that it could not freely change course and/or speed in that situation (ie. in a channel, near the shore or shoals where significant maneuvering may cause grounding, etc) it would have been the 'stand on vessel' and a sailboat would have been the 'give way' vessel regardless that it was a sailboat.
 

UncleWillie

Captain
Joined
Oct 18, 2011
Messages
3,995
Re: Boat right of ways

Sorry for the misunderstanding ,but I sometimes fish in rivers 100 yards or less If I am trolling and here comes a speed boat I guess I steer hard to port and hope he dose the same Right?
By the way is their a class on line for rules or where would I look. I fish smaller lakes and rivers.


Pikefisherman[OP], and Everyone else,

You may have been boating using only a Jon Boat in a small creek with a 10 hp OB for the last 40 years.
The Laws have changed in that time.
Many States now require EVERYONE Operating a Boat, regardless of your age, to complete a Boaters Safety Course. (Wrongly, often called a "Boaters License".)
You may spend all your days in the Back Woods but you are still required to have and display it on request.

Even if it is not yet required by the Law in your state, it is still a very good idea. Knowledge is Power!


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At the top of this page, Click on "My Profile".
Then click on the Little Yellow Pencil next to "Location".
Fill in your General Location, City, State.
It will help immensely in getting you correct answers, specific to where you boat.

 

roscoe

Supreme Mariner
Joined
Oct 30, 2002
Messages
21,750
Re: Boat right of ways

In the case of two power boats one a small fishing boat the other a larger power boat going 50 mph who is suppose to yield for who, I think if you have lines out, is the boat with out lines supposed to yield.

Lines in the water has no bearing on the situation.

Lets see, if you kill the motor or put it in neutral, you are now not under power.
Being in a channel, shipping lane, or security zone would definitely change things, but don't appear they would apply to your lakes.


In addition to all the boating laws, I live in a state where there is a minimum distance/no wake zone around fishermen and hunters, and the shoreline, so that could apply.

It is also part of the state constitution, that you are allowed to engage in legal boating, hunting, or fishing, without harassment, so that could apply. This was added a few years back when peta types started hassling sportsmen.

I Know I can't cast beyond the distance of the buffer zone, so if they are within casting range, they are in violation of the law.
 

Home Cookin'

Fleet Admiral
Joined
May 26, 2009
Messages
9,715
Re: Boat right of ways

If they are in casting range, they are going to get hooked!

Note: a vassel that has cut its engines (drifting) or in neutral is still a "boat under power" b/c there is a captain capable of moving the boat. Anchored or disabled is different. And it doesn't matter if you are drifting and fishing (big issue around here; we drift for flounder in and around the channels)
 

JoLin

Vice Admiral
Joined
Aug 18, 2007
Messages
5,146
Re: Boat right of ways

Anybody who hasn't taken a boater safety class, should, and in a classroom setting if possible. If it's given by the US Power Squadrons or CG Auxiliary, you'll get good input from instructors who boat in the same area, and encounter the same situations that you do. An online course can't provide that insight.

And, before making blanket statements of what the regs say, let's not forget that inland (lakes and rivers) navigation rules differ in some respects from coastal navigation rules. I generally try not to comment specifically when speaking to an inland boater... cause I don't know the inland regs that well.

My .02
 

25thmustang

Lieutenant Commander
Joined
Mar 20, 2008
Messages
1,849
Re: Boat right of ways

In this scenario your most likely going to hear two opinions.

1.) Fisherman is going to feel the big power boater should slow to a no wake speed as he passes.

2.) Power boater is going to feel the fisherman shouldn't be fishing in or near the channel of a no wake area.

I boat on a river that can get narrow. I see this situation all the time. I do my best to give a wide berth, but if it proves difficult or I see a small boat that would be in harm if I didn't slow, I come off plane and go by at idle speed. How to avoid a collision in this scenario, seems simple enough, use judgement and pass the other boater on the side that proves to be the least dramatic.
 
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