Who has the right of way

[Mike]

We were fishing on a reef on Lake Winnebago and saw a boat come out and set some very large bouys that were about 2 miles apart on either side of the reef. About 1/2 hour later we saw about 25 small sailboats all packed together flying out of the harbour right at the boats that were fishing the reef. Some of the fishing boats were anchored, some were drifting and some were trolling. These sailboats came right through the middle of the fishermen. A couple of the sailboats missed the fishing boats by about 5 feet and had to steer hard just to miss the fishing boats. The one that came closest to up apologized and stated that he didn't know why they always brought them through the fishermen on that reef.

My question is, who has the right of way. The sailboats, the anchored fishermen, the drift fishermen, or the trollers???

[Boatnut]

A good question which will surely open a can of worms. typically a sailbote will have the right of way IF he is under sail ONLY and not using an auxillary motor as well. If you are anchored but NOT in a designated anchorage area then you generally wont have any special priveleges. I suspest that the blowboaters were having a "race" or whatever they call it and often they have permission from the local authorities to place bouys and have there fun. Sounds like someone screwed up in issuing them authority to stage an event in a well known fishing area.
my 2 cents.
Mike(boatnut)

[Gabby_SD]

First of all ,I believe that the International sailing rules (14 ) state that a sailboat must avoid contact if reasonably possible.
Then 1st in priority is All Capsized, Anchored, or aground vessels and vessels rendering aid.
Then a vessel with "restricted in ability to manouver" with proper flags or lights displayed. Usually vessels under tow.
Then vessels under sail or non-powered vessels.
Then fishing vessels (not pleasure craft)not us yet!
Then powered vessels (us)

[CHAD]

If anchored you can stay.
If under power you must move.

[RANGER]

The one with the 50 cal. mounted on a swing mount! Same one used for PWC dinks!! And a 20mm Gatling below gunnel on flip-up tripod! ;-)

Actually, what GABBY said!


RANGER


"KEEP YOUR LINES WET, YOUR POWDER DRY and THE BEER COLD"!

[Pitts]

I don't know about Wisconsin but in MN if you are not at anchor the sailboats will always have the right of way. I know it is tough to get clear if you are trolling but that is the law. I was at Tomahawk scout res last week and watched many fisherman run fast next to the inexperienced sailers and watched them hang on and almost swamp so there is a good reason for this law.
Like you said the person apologized for the intrusion and it must have been real tight quarters to be only 5 ft from other boats. Be sure and mention you frustrations in a tactfull manner to the people in charge of the race or outing and maybe that will help with the placement of the bouys.

Sailboats are quiet much better than pwc's.

Pitts

[groovymoe]

We've had sailboats on Erie actually go through the packs of fishing boats attempting to snag lines with their keels. It doesn't work very well with guy's using downriggers or Dipsey's, but just decimates a flatliner. It sounds to me like you may have had a race, or something, but with all the veg. heads who knows for sure. Groovymoe

[Gumbo]

Gabby has the right answer. But as a fisherman and a sailor I have to question the fishermen fishing right around buoys that are placed for a race. But then I've got to question the race officials for placing the buoys on a popular fishing reef. Maybe the water surrounding is the reef is too deep for placing buoys?? What was there first? ...the buoys or the fishermen? Did the fishermen come because of the buoys?? Lots of questions.

My Catalina 27 is moored on the Great Salt Lake, which of course doesn't have any fish or fishermen. And that's the lake the regattas are held on. So I'm not used to competing with fishermen for the same water.

But I think both the fishermen and the sailors need to be considerate of each other's rights to the water. Personally, when I see a sailboat I give it a wide berth. And I'm smart enough not to throw anchor in the path of an impending race. Consideration needs to be extended both ways.

[Bottomfeeder]

The fishermen were on the reef at sunup. No self respecting sailboater would ever get up before 10:00 on a Saturday. At about 9:00 the buoy boat came out and placed the buoys around the fishermen. Lake Winnebago is 45 miles long, 8 miles across and has a max depth of 20 feet. There are not that many reefs and there is a whole lot of lake without fishermen on it. The reef in question is probably the most popular reef on the entire lake. The fishermen had no chance to give consideratiuon to the sailboats. Most of them were either anchored or drifting. It almost seems like the local yacht club just consideres the fishermen either to be another set of buoys to play with.

[bigfish1965]

Under canadian law the anchored vessel has the right of way. The logic behind this should not escape anyone. The only exception is if a vessel not in distress has anchored in a marked channel, which is not permitted. Temporary race markers do not constitute a channel.

[Shellback]

From Chapman's Piloting,Seamanship and small boat handling. Sailing vessels underway must keep out of the way of sailing vessels or boats fishing with nets, lines or trawls. Also states that boats engaged in fishing do not have the right to obstruct a fairway used by vessels other than fishing vessels or boats. Sounds to me like the sailing club needs to brush up on their Chapman's manual.

[Boatnut]

Sorry, but Chapman's reference to "vessels engaged in fishing" refers to commercial fishing vessels ONLY. Recreational boats are not included in there reference.

Mike(boatnut)

[JMC]

Actually the most important wording in the rules of navigation are "least maneuverable vessel" has the right of way. If you head for a pack of boats because you think your right (I'm in a sail boat) you DO NOT belong at the helm of a boat. To put your crew and others in danger to prove a point not only makes you in the wrong, it makes you a idiot (get back in your car and get on the highway with the rest of the idiots). It is the responsibility of all captains to do whatever is necessary to avoid a collision. If your under power (wind or motor) and the other boats are not you adjust your course. We're all out there to enjoy our own thing, show a little consideration and everybody will have a more enjoyable day.

If that don't work then cast into the sailbote with a 2oz sinker that will get them away !!!
Just kidding !!

[Shellback]

Boatnut, My book has no reference as to commercial or recreational fishing, it just states fishing! Also no boat under sail has right of way over an anchored boat or for that matter a boat drift fishing. Now a boat trolling could be in a gray area.

[bob oh]

Ask the Coast Guard, the regulations have been interpreted to mean vessels engaged in "commercial" fishing -- if you are trolling in a private vessel you are just a power boat under way. And there is nothing in the regs about the "least maneuverable boat."


Bob

[RANGER]

I still think the 50 cal. is the answer!! ;-)


RANGER


"KEEP YOUR LINES WET, YOUR POWDER DRY and THE BEER COLD"!

[tim(wi)]

Shellback. Any mention of fishing vsls in the Navigation rules book from the USCG means Commercial fishing. How do I know this? I am in the Coast Guard.

[Shellback]

Tim, What's the ruling on the above question then? I would assume that a sailboat underway would have to give way to an anchored boat or a boat drifting. P.S. if you understand the meaning of my handle you'll know I sent some time on the sea myself.

[CJHughes]

I 'm with Ranger 50 cal. if that doesn't work use up all of those flares for your flare gun that are out of date . Remeber to lead 'm a little with the flare gun. Aim for the middle of their sail , and don't worry about them chasing you down on the trip home ,there isn't a VolVo made that can catch a pickemup truck .

[RANGER]

Hey, CJ - Did you try that spoiler on the back of your van to settle the boat and trailer down? Was wondering if it worked for you as it did for me? (previous posting)


RANGER


"KEEP YOUR LINES WET, YOUR POWDER DRY and THE BEER COLD"!

[CJHughes]

Ranger I haven't had the van back from the bodyshop where my wife backed it into my truck $ 250.00 deductible on both . The big 3 ,could save big bucks by not putting those rearview mirrors on any vehicle owned by a woman.

[JMC]

Bob, read the regulations, the ability to maneuver is the determining factor for the rules that determine right of way. I quote rule 18

(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; and
(iii)a vessel engaged in fishing

trolling is listed as NOT fishing but under way.
There is NO referance to commercial or recreational fishing.
To answer the question the order of right of way in this situation is: 1-anchored boats
2-drifting boats
3-sailbote
4-trollers

The Navigation Rules can be found at the Coast Guard wed site.