Navigating Waterways: Fishing Vessels and Right of Way

When it comes to determining the right of way on water, the rules can vary based on the type of vessel, specific circumstances, and local regulations. This article will explore the nuances surrounding fishing boats in terms of their navigation rights, clarifying some common misconceptions and highlighting the importance of understanding navigational rules.

Fishing Vessels and Navigational Rights

Under the International Regulations for Preventing Collisions at Sea (COLREGs), fishing vessels engaged in fishing activities, including trawling, have a certain right of way. However, the concept of a "right of way" is not as straightforward as it might seem. According to the Rules, a vessel has a specific obligation of conduct, often referred to as "stand on" or "give way" vessels, but this does not mean they can simply ignore navigational rules or common sense.

Sailing vs. Powerboats and Navigational Rules

One key distinction lies in the difference between sailing and power-driven fishing vessels. If a fishing vessel is under sail, it generally must give way to power-driven vessels. This is because the COLREGs prioritize power-driven vessels, recognizing their greater maneuverability and speed. However, if the fishing vessel is involved in trawling or actively engaging in fishing activities, it may have the right of way over other types of vessels. This is due to the fact that trawling and active fishing are more labor-intensive and can cause more damage if not properly managed.

Common Sense and Safety

While fishing vessels can have specific rights under certain circumstances, all boaters must adhere to the navigational rules applicable to the waters in which they operate. These rules can vary by country and region, making it crucial for boaters to be familiar with local regulations. Additionally, boaters should always practice caution and courtesy on the water, prioritizing safety and avoiding collisions, especially in busy or narrow waterways.

Pecking Order and the Stand on-Vessel Principle

The idea of a "right of way" can be misleading. The term is not used in the COLREGs, and there is a clear pecking order of who must give way to whom. For example, an ordinary power-driven vessel must stay clear of a vessel fishing, as per the standard regulations. Similarly, a sailing vessel or seaplane must also stay clear of a fishing vessel. However, there are classes of vessels that a fishing vessel must stay clear of, such as a vessel not under command, a vessel restricted in ability to maneuver, or a vessel constrained by draft.

The term "stand on" vessel refers to a vessel that has the right of way and must maintain her course and speed. This does not give the stand on vessel the freedom to ignore other rules. The stand on vessel must act in a manner that avoids collision, which is not the same as having a "right of way."

International and Local Regulations

There are subtle and not-so-subtle differences between the International COLREGS and the US Inland Rules. Boaters operating in US waters must understand both sets of rules depending on whether they are inside or outside the COLREGS demarcation line. Simply guessing the applicability of the rules can lead to incorrect assumptions, potentially placing other boaters and vessels at risk.

To ensure safe navigation and compliance with legal requirements, boaters must study and fully understand the navigational rules. Failure to do so can result in hazardous situations, risking lives and property. By regularly studying and adhering to these rules, boaters can contribute to a safer and more predictable maritime environment.

Conclusion

In summary, while fishing vessels may have certain rights on the water, it is crucial for all boaters to be aware of and adhere to local regulations. Understanding the pecking order and the specific rules governing different types of vessels can help prevent misinterpretations and collisions. By prioritizing safety and following established guidelines, boaters can help ensure a safer and more navigable environment for all.