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Re: Conflict on the Water, what would you do?
Posted: Mon Sep 14, 2009 1:32 pm
by smoyer
I carry a copy of the PA Boating Regulations too ... maybe I should carry two? In any case, the PA regulations match the coast guard rules for US inland and coastal waters. I guess I could throw it at anyone in the country then?
My most recent experience with a lot of boats was much more pleasant. We had our V21 in Hatteras Village harbor, which is a major charter and party boat fishing hub for the area (due to it's proximity to the Hatteras inlet and the Gulf Stream. There was lots of traffic, all very courteous to our slower and shoal limited boat EXCEPT for the parasailing boat operating from Oden's Dock.
We were in the Rollinson Channel, which is 100' wide and 5.5' deep (not quite enough to lock the keel down) and they headed right at us as you've described. I suppose technically since they were "towing" someone, I was supposed to yield, but since the only place I could have headed was towards a dredging spoils area to the SW, I maintained my course. He veered sharply about 30 feet away from us, but gave us quite a ride as the 2-3 feet of Pamlico sound's swells was increased by the 3 foot wake he aimed at us.
He was out much of each day all week and we saw him do the same thing to some of the smaller Jon boats that were out. Fortunately, he seemed to leave the canoes and kayaks alone.
Re: Conflict on the Water, what would you do?
Posted: Mon Sep 14, 2009 2:50 pm
by waternwaves
it wasnt a shipping lane, it was outside the breakwater of a harbor, 200 yards from the port entrance. With the decent salmon season this year, there is a group of people that do not understand or follow the rules. Truthfully,
I already was following rule 9
he violated rule 9C, he was an overtaking vessel to port,
other vessels trolling limited my channel, as they were parallel and densely spaced.
he did not signal to overtake, he came within 10 ft. of my stern, I do not intentionally back my boat into a marina entrance.
rule 10 did not apply, as we were outside vts at the harbour entrance
Rule 9c was being clearly violated.... among 3 or 4 others...
"(c) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway."
and 9C trumps rule 18
Re: Conflict on the Water, what would you do?
Posted: Mon Sep 14, 2009 2:54 pm
by Nautek
The world is full of inconsiderate boaties.
I don't know about the US but in Australia you are responsible for any issues relating to your wake.
I wouldn't think that towing in a channel would be acceptable either.
Maybe a call to the Coast Guard or the responsible authority might be in order before a bad accident happens as a result of this clown.
Allan
Re: Conflict on the Water, what would you do?
Posted: Mon Sep 14, 2009 7:40 pm
by ROAD Soldier
When faced with situations similar to that where some looks like they are approaching for some other reason then to say nice boat. I just start cleaning my Glock 45 and when they get next to me they say nice boat.
Re: Conflict on the Water, what would you do?
Posted: Mon Sep 14, 2009 8:24 pm
by Trouts Dream
So, I'm sitting in this pub near the harbour and this fisherman tells me this story. Seems he has always thought he might want a sail boat and today he sees this beautiful sailboat while he is out fishing. He tells me he changes course to get a better look at it and maybe talk to the captain. The sailboat kept trying to manouver away but he was able to adjust his heading to slowly get closer from the stern. At one point he even had to take up his doownriggers to speed up enough to look at it. Well as he got closer to the sailboat, he couldn't believe the size of the outboard on the back. He had seen sailboats withy these dinky 8 or 9 HP but this motor was huge. As he was coming up on the stern, he was concentrating on trying to read the horsepower rating on the motor but the numbers were kind of small. By the time he could see the rating he realized he was pretty close. To his amazement the captain was standing on the back of his boat, hanging on to a rack and attempting to throw his anchor into this fellows boat. Luckily this sailor had the presence of mind to change course and didn't even stop to talk to this sailor because obviously he had a screw loose or was just looking for a fight.

Re: Conflict on the Water, what would you do?
Posted: Mon Sep 14, 2009 8:59 pm
by Hamin' X
Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 2:35 am
by c130king
It's not so much what rule someone was or wasn't violating. It really isn't about who was right or who was wrong. It is the temper tantrum and reckless behavior of attempting to sideswipe or hit another boat after some percieved injustice. Of course drinking and boating is an issue in this case as well.
I see it all the time in London...careless drivers, overly aggressive drivers and even road rage. Some idiot hit my car (which was about 3 days old at the time) about 6 weeks or so ago because he thought I was impeding his ability to use an illegal lane to pass me. I never even saw him until he hit (side-swiped) me. Fortunately there was not even a scratch on my car. Of course he felt it necessary to pull up along side me on the road and yell at me while we were driving...and I yelled back. I copied down his license plate info...he didn't stop and there was no where to pull over anyway.
As for the boat, maybe I need to move my air horn to a more readily accessible place. Currently I keep it in the top shelf of sliding galley...which in my case is normally/always pushed all the way aft which results in a pretty good stretch and digging around with my hand to find it. I also think I will program the number of the appropriate agency in my cell (Fish & Wildlife, Coast Guard, River Police, etc...). And a digital camera taking pictures may also diffuse a situation such as the ones described.
Thankfully I have had no problems on the water. OK, a ferry operator in Norfolk, VA horned me once and gave me a "warning" on Ch 16 for cutting across his bow...I was young and foolish...
Cheers,
Jim
Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 2:44 am
by puggsy
This incident seems like a nautical version of " road rage"...Here in Western Australia, the powers that be have just introduced a " Recreational Skipper's Ticket" at great cost to the boating public...No one can operate any boat now without that ticket...to get it requires a basic test of nautical knowledge and boat handling...
So far, I am not aware of any holder having his revoked due to bad behaviour...but I'm sure it will happen eventually...given time...
I hope it is written into the act...just to get rid of the yobbo's...
In W.A. it is not permitted to enter harbours without the motor going...sails up or not...
And fishing, trolling or setting pots is not permitted in a navigational seaway...
Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 8:19 am
by Russ
c130king wrote: Some idiot hit my car (which was about 3 days old at the time) about 6 weeks or so ago because he thought I was impeding his ability to use an illegal lane to pass me. I never even saw him until he hit (side-swiped) me. Fortunately there was not even a scratch on my car. Of course he felt it necessary to pull up along side me on the road and yell at me while we were driving...and I yelled back. I copied down his license plate info...he didn't stop and there was no where to pull over anyway.
Maybe it was because you were driving on the right hand side of the road like in the states.

j/k
The legal right of way only counts in the courtroom. In New Jersey, it is now required that boaters complete a boating safety course to operate a boat. However, here on inland lakes I find few people know the right of way or much of any common boating sense. Simple courtesy goes a long way to avoid conflicts. Nevertheless, alcohol and testosterone are a bad mix. Sometimes waving power (as in a firearm or baseball bat) only increases the tension. I think the skipper of the sailboat in the OP did the right thing. He didn't engage the idiot and got his boat and crew back to safety. It has been said the biggest weapon today is a video camera. People often act differently when they know they are being recorded. At the very least, it becomes evidence if things escalate to the courtroom. After things calm down, let the authorities deal with it and have some tape to prove what occurred.
My father was out on his boat 2 years ago and a a jet ski came by and deliberately turned beside him and literally hosed everyone on his boat and got them all drenched. He got the guys reg numbers and called the marine police when he got back. They found the idiot and cited him. The idiot jet ski operator ended up paying a $1,000 fine and had to go to court. Nobody was seriously hurt and justice was served. The idiot hopefully learned consequences of his actions.
One thing I'm getting from these stories is that I need the air horn at the helm and not stowed out of reach. The past few weeks we've enjoyed some night sailing. One thing we have handy is a bright spotlight to shine on our sails and if needed at approaching idiots who refuse to alter course.
--Russ
Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 8:52 am
by Wind Chime
I have had an "Electric Horn with push button on steering pedistal", on my Mod List since we bought the boat. Still not done yet.
But I keep a bottle air horn in our fuel compartment. When I need the horn, I just bend over and it's right there.
Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 9:17 am
by Trouts Dream
Thats where I keep my air horn. Simple 2" wide strip of velco. Quick to get at and never falls off.
Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 9:45 am
by tompolak
I like the anchor idea and the follow up story. I think what I would do is go for the video camera to combat the 'boat rage'. When one is being video tapped they sure act differently than when they are not. I think the guy in the sailboat in my op did a good jobs of handling the situation, but adding a video camera could have helped the fisherman leave sooner. I have a cheap HD video camera I got last year for about $100 and it works great for filming out.
http://www.walmart.com/catalog/product. ... id=7933663 I think that is now going to be standard equipment in my boat.
I also found the us coast guard definition of a vessel engaged in fishing interesting:
(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.
So a boat with downriggers would not be considered a filling vessel according to that definition?
Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 10:29 am
by Duane Dunn, Allegro
That's always been my interpretation of the rules. The vessel engaged in fishing rules were written for commercial fishing boats that have limited ability to navigate. They do not apply to pleasure boats with a line over the side.
Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 11:38 am
by Divecoz
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Re: Conflict on the Water, what would you do?
Posted: Tue Sep 15, 2009 11:52 am
by waternwaves
Maybe I have just been unlucky in some ways this summer. August 12th I was on the big boat and was rammed by a rude 38 bayliner owner, while I was sitting tied up on G dock in friday harbor. (interrupting my wonderful afternoon nap) The boor did not even acknowledge his action, or seek to amerliorate. Thankfully I keep fenders down on both sides of the boat when anchored or docked. and thankfully my rubrail damaged his boat. however 25 ft of damaged fiberglass was apparent on his boat. And tho his family was aghast and worried, (his grandson was wildly conversing about how hard they hit) the boor never said a word as I carefully inspected my boat for damages. The damage was limited to a single stanchion pulled loose that I had just rewelded and repaired 2 months ago. I guess the weld held.
I keep that bent stanchion now as a reminder to always keep fenders down when not underway or out of the harbor.
I have looked at admiralty law on this issue of what is a fishing boat.....It has a somewhat murky claim at best, however some court decisions have gone down with the fishing determination. and since I am not wanting to adjudicate that issue with a small boat......a quick summary is......
The common most frequent determination has been a logical one..........(gear visibly engaged in fishing) however acccidents with large sportfishers and fish processing boats have since muddied the waters....... (NPI) While I personally agree with Duane's and others interpretations, It would be expensive to litigate in admiralty. most likely it would be civil, and I do not have much faith in civil courts, as this is a predatory imaginative market.
But I can say that if I have to stop my boat fast to stay off the rocks, an anchor is necessary, and if some idiot who I have already been trying to avoid for in excess of 3 minutes tries to chase me down, and closes to within 10 ft, in a narrow channel, when I am doing 5+ kts...... he is not there for my benefit. There is furthermore somewhat of a litmus test. Whether the action is normal, and would have been done to another vessel i.e. patrol, or coastguard etc... and I can guarantee, he would not have done that to a coast guard, fireboat, etc........ The answer is no.
Ipso facto, the preparation of an anchor was in response to repeated aggressive attempts to interfere with the safe operation of another vessel. While courts may be varied in there interpretation of rules of navigation, An anchored boat is not chasing any other. Only one party can be found as aggressor in piracy. Attempted boarding or damage of another vessel is withing the frequently adjudicated definition of piracy, My vessel flies the american flag, has her new registered CG number, and is sailed by an american owner and crew, who do not take attempts to board or damage the boat lightly.
IF anything I would hope to inform others via this forum, some may consider this a soapbox and an itinerant typist wailing of poor sportsmanship.
let me be clear. and minimalist here.
Do not exhibit aggressive behavior to another vessel. Do not attempt to damage or forcibly board another vessel underway.
you may get away with it.
Or you may be sunk
Playing somali poker with me is not advisable.