Right of Way Question

You have two situations here and 2 right of way questions.

This sums up my entire boating experience in NJ.

And of course there is no Right of Way on the ocean.
Everybody gives way if there is a risk of conflict.

There's another issue hidden in the question. Someone bobbing around with a fishing pole hanging out the back is NOT a "Fishing Vessel" under the regulations. It is a power boat. Nothing more nothing less. This is something that comes up, as many powerboats with fishing poles want to be that "Fishing Vessel". They're not. The real idiots are the ones as mentioned above that think it gives them liberty to create further restrictions in already tight quarters.

As far as Pascal's remarks regarding a sailing vessel not supposed to be in a channel...... It all depends on the individual vessel. Sailboats have rather large appendages under them. They can have considerable more draft than a powerboat of similar size. So the extent to which either the sailing or power vessel is restricted in its ability to maneuver all depends on the particular vessel and the waters. Exercising your regulation given right to safe navigation without being endangered by others not sticking to the rules is not quite the same as being an entitled moron.

That said, I have given up my rights many times early in the game so as to not test the regulations to their fullest.

OK, I misinterpreted your statement. We agree.

As far as the tight channel, you some times have to just give them the Rodney Dangerfield/ Caddyshack treatment! Even in a sail boat.
I've done it a few times of the years with the Weekend meat head N.J. Channel drifters....and some at anchor fishing ! And I'm a back bay channel fisherman myself, but mostly only during the week when the coast is clear. But I'll fire up and move well in advance when I see some one coming .

The vessel under way , has the right of way in a tight channel when it comes to the pleasure fisherman.. In my book.

The boat in the channel has right of way over a boat crossing the channel (drifting recreational fisherman).

You haven't been out when the bunker run here in the NE ....

All these little challenges of moving thru a tight channel are of particular interest when you have to run a twin screw on one engine to qualify for "No Wake" which means your helm is all the way over to compensate for the single offset prop. The guy behind me, I swear must think I have some kind of physical illness when he watches my body contortions jumping from the helm chair, pulling out of gear and rapidly spinning the wheel and this maniac's boat (me) in front of him all of a sudden slowing. It's particular fun when we are 3 abreast - one a sailboat with his sail up and auxiliary at full bore, and the other with 6 beer drinkers that just have to get to that buoy before me..

I run a lot of yachts where it's necessary to run one in gear (due to speed), usually the steering is exactly one turn in the opposite direction. So it's easy to remember to turn 1 turn of the wheel when taking it out of gear to drift.

I went through the ICW just South of the St. Johns river one time and there were so many fishing boats I couldn't get through, had to stop close and lay on the horn. Then they all looked at me like I was the crazy one. LOLOLOL

Indeed it is, but its a 20 minute ride up my 5 mph channel to my slip - that's a lot of in and out. On one engine we run 5.5 knots

Post 50 's are very beamy thus the props have greater separation - takes many more then one turn to compensate. Plus, though we have a keel, the deadrise at the stern is only about 6 degrees.

Not being a smart-ass here, but when all else fails, follow


Rule 3 - General Definitions

For the purpose of these Rules, except where the context otherwise requires:

(a) The word "vessel" includes every description of watercraft, including non-displacement craft, WIG craft, and seaplanes, used or capable of being used as a means of transportation on water.

(b) The term "power-driven vessel" means any vessel propelled by machinery.

(c) The term "sailing vessel" means any vessel under sail provided that propelling machinery, if fitted, is not being used.

(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 maneuverability.

(e) The term "seaplane" includes any aircraft designed to maneuver on the water.

(f) 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.

(g) 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 "vessels restricted in their 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 mine clearance 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.

Rule 18 - Responsibilities Between Vessels

Except where Rules 9, 10, and 13 otherwise require:

(a) A power-driven vessel underway shall keep out of the way of:

(i) a vessel not under command;
(ii) a vessel restricted in her ability to maneuver;
(iii) a vessel engaged in fishing;
(iv) a sailing vessel.

(b) A sailing vessel underway shall keep out of the way of:

(i) a vessel not under command;
(ii) a vessel restricted in her ability to maneuver;
(iii) a vessel engaged in fishing.

(c) A vessel engaged in fishing when underway shall, so far as possible, keep out of the way of:

(i) a vessel not under command;
(ii) a vessel restricted in her ability to maneuver.

So, as the to first question asked, the power driven vessel is the give-way vessel. The power driven vessel is neither a "fishing vessel" as defined in the rules, nor is it "not-under-command" as defined in the rules.

WRT the second question, tight channel.

Rule 9 - Narrow Channels

(a) ‹‹(i)›› A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on her starboard side as is safe and practicable.

Inland
(ii) Notwithstanding Rule 9(a)(i) and Rule 14(a), a power-driven vessel operating in narrow channel or fairway on the Great Lakes, Western Rivers, or waters specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(i), as appropriate. The vessel proceeding upbound against the current shall hold as necessary to permit safe passing.
(b) A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel ‹ which › ‹‹ that ›› can safely navigate only within a narrow channel or fairway.

(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway.

(d) A vessel ‹ shall › ‹‹ must ›› not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within that channel or fairway. The latter vessel ‹ may › ‹‹ must ›› use the signal prescribed in Rule 34(d) if in doubt as to the intention of the crossing vessel.

So, as the to second question asked, the power driven vessel shall not impede the passage of the sailboat, if the sailboat can safely navigate only within that channel or fairway

So, the sailboat wins twice!! LOL

very good and technical discussion of the rules, thank you. Do you realistically think a fishernaut in the middle of a bunker school will run to the helm of his power boat to give way to that sail boat? There is another rule that basically says use common sense and avoid the collision....