Who is right?

[capeguy]

I'd like to get your opinions on who is right in the following encounter...

A tidal river in New England has a narrow mouth and a narrower channel (about 20 yds in spots). The mouth is very fishy as strong currents flow through it, rocks on one side and a large sand bar on the other. At the same time, the falling tide against a wind/swell creates sometimes dangerous conditions with standing waves. The mouth is a popular surfcasting spot (although access is limited) and often boats anchor up and liveline macs and pogies among the rocks.

Once fully inside the river, it is no-wake for the entire river stretch.

A GW Sailfish is coming home from a day fishing and approaching the inlet. Another GW Sailfish is in the middle of the channel in its narrowest spot, slow trolling. Sailfish #1 passes the fishing GW on the right side of the channel at cruising speed. The captain of Sailfish #2 throws his arms up and yells, upset with the wake that is coming his way. Captain of Sailfish #1 shrugs and gestures to the channel.

Question: Is Captain of SF #1 in the wrong for maintaining cruise speed through the channel (this is NOT the no-wake zone), and throwing a wake at a boat fishing in the channel, or is the Captain of SF #2 wrong for complaining about a wake while fishing in the middle of the channel?

 

[Fishtales]

My view is that folks should not be trolling in any channel - especially one that narrow and with that wave action.
In well defined larger channels, while technically (in my book anyway) a violation, I would be ok with it.

I like to boat and fish, but I've run into people that think they own the ocean or certain spots or just because they are fishing, they have the right of way. I tell them nicely as you did and then I'll let them know my thoughts in not so nice language.

 

[Tuna Man]

The boat making the wake in the channel has every right to do so in my opinion.

Here in NJ, I have no choice to go through a shallow (3-8 feet deep) channel to go from my dock to Barnegat Inlet. This channel is as narrow as about fifty feet in certain areas. I get no pleasure from causing a wake with other boats fishing the channel, but it would add an extra hour to reach the inlet without making a wake (typically, it takes about twenty minutes with no boat traffic). I am under the impression that the channels primary purpose is to give us a safe place to navigate, not to provide fishing spots for fisherman. On most weekends there will be between ten and a hundred boats ranging from twelve foot aluminum boats to sport-fisherman. I try to give the boats as much room as I can, but there is not always a lot of room. Like many on this website, my first years on boats were spent on fourteen to sixteen foot runabouts, so I certainly have experienced wakes from larger boats firsthand.

 

[onoahimahi]

Interesting situation. What if the fishing craft was a kayak rather then another Sailfish?

For the Sailfish-on-Sailfish scenario, if I was driving the returning boat, I would have slowed down. It sounds like it was just a matter of slowing down a minute earlier than required by the approaching no-wake zone, anyways.

The irony, however, is that I think my Sailfish kicks up a bigger wave when pushing hull speed then at cruising.

 

[mboyatt]

In my opinion, SF 1 is in the right. Especially when considering the potentially dangerous conditions you describe when entering this narrow inlet. What does SF 2 expect people to do? I experienced similar nonsense recently when people were paddle boarding on the 4th of july in the entrance to a busy harbor. One that gets pretty constant traffic and a ferry boat that runs on the hour. Really?? :-| People just do some pretty bone headed things. I wouldn't stress about the rude reaction. You were in the right.

 

[Salinity Now]

The true who has right of way, who is give way, as per rules of the road would depend on which way the boats were facing, how they are "meeting" so to speak, (crossing port to stbd, overtaking, meeting head to head etc). The sheer fact one was going slow, one was going fast .....eh, really has no meaning under rules of the road....(caveat ofcourse, they must be operating at a "safe speed" given the known conditions, surrounding areas, weather and traffic etc.......safe speed is one of those lawyer'd up terms theyve put in the rules of the road for maritime traffic to be argued out in court).

All that aside, you are ALWAYS responsible for your wake.......be it open ocean, no wake zone, rough inlet etc. Yeah, you on a fast moving boat in a choppy area expect the other craft around that area to be smart enough to know there could be big wakes, large boats etc, ie having a boat that can handle the situations that may arise (common sense).....but the rules say, you have to be able to slow, stop, even reverse in enough time to prevent a dangerous situation from occurring while operating (lawyer'd up term in Rules of the Road is "operating in extremis" meaning you have to take action to prevent a collision/situation from occurring, regardless of whos at fault/right of way.

Even more aside......sounds like both guys had ego issues, one guy expecting the world to cater to his fishing situation/environment.......while the other guy expecting the same to his cruising situation/environment.

The beauty of Maritime Law, there is no Wrong or Right........now its just "percentage of fault"!!!! (Thats not a joke either)

 

[VeroWing]

The true who has right of way, who is give way, as per rules of the road would depend on which way the boats were facing, how they are "meeting" so to speak, (crossing port to stbd, overtaking, meeting head to head etc). The sheer fact one was going slow, one was going fast .....eh, really has no meaning under rules of the road....(caveat ofcourse, they must be operating at a "safe speed" given the known conditions, surrounding areas, weather and traffic etc.......safe speed is one of those lawyer'd up terms theyve put in the rules of the road for maritime traffic to be argued out in court).

All that aside, you are ALWAYS responsible for your wake.......be it open ocean, no wake zone, rough inlet etc. Yeah, you on a fast moving boat in a choppy area expect the other craft around that area to be smart enough to know there could be big wakes, large boats etc, ie having a boat that can handle the situations that may arise (common sense).....but the rules say, you have to be able to slow, stop, even reverse in enough time to prevent a dangerous situation from occurring while operating (lawyer'd up term in Rules of the Road is "operating in extremis" meaning you have to take action to prevent a collision/situation from occurring, regardless of whos at fault/right of way.

Even more aside......sounds like both guys had ego issues, one guy expecting the world to cater to his fishing situation/environment.......while the other guy expecting the same to his cruising situation/environment.

The beauty of Maritime Law, there is no Wrong or Right........now its just "percentage of fault"!!!! (Thats not a joke either)

Exactly! Even though in any inlet there will always be some boaters fishing, both drifting and many times anchored in clearly marked channels, ultimately you will always be responsible for your wake.

 

[Greatty]

The sailfish entering the channel, jmho. And i don't think it's a matter of '...egos...' as someone stated above, but merely a case of judgement. If i fish in the channel of our harbor, wakes are to be expected. However, if I am passing other boaters/kayakers fishing in the channel, I try to be mindful of my own wake. - Bob

 

[JeffN]

If i fish in the channel of our harbor, wakes are to be expected. However, if I am passing other boaters/kayakers fishing in the channel, I try to be mindful of my own wake. - Bob

This and what were the conditions like at the time of the incident.

 

[fishie1]

IMO #1 would likely be in the wrong. It may not be a marked no-wake zone but if it truly is narrow, only 20 yards wide then cruise speed is not apporpriate. Most states have no-wake regulations within a certain distance of shore or within confined areas and it sounds like this scenario may fall under those distances. :sorry

For this example, tidal river, trolling/fishing, and surfcasters are all irrelevant beyond the rule of being responsible for your wake.

 

[onoahimahi]

North River...? 8)

 

[NOTHING ELSE MATTERS]

If it is as you say 20 yards wide channel, boat #2 has no business trolling at the mouth of a so narrow channel because he's putting in danger him and other boaters(i.e might get thrown at the the rocks trying to avoid/steer away from the trolling boat). Also, if the boat #1 would slow down it would throw a much bigger wake.

 

[capeguy]

Interesting, looks like about 50/50. I tried to be completely objective in describing the scenario, but many of you correctly assumed I was the one entering the inlet.

This is the North River and in this instance, as is usually the case, it was relatively calm. In certain conditions (falling tide into NE wind) it can be very nasty.

Of course, as many point out, safety comes first. I did not point out, as I should have, that this was not a safety issue. I completely agree we are responsible for our wake and if I thought this presented a dangerous situation I would certainly have slowed. Kayaks, small boats, of course I slow, despite them being in the middle of a channel. In this case, a 28' boat sitting in the channel fishing is not in danger, it is a matter of having to hold a grab rail for a few waves. In my opinion, they should not expect every boat to slow down for their comfort.

When I fish off Long Pt in PTown, I don't expect the whale watchers and ferries to slow down for my comfort...

I encounter similar situations regularly in this inlet. Boats leaving the river at idle speed, causing multiple boats behind to either pass or wait in line. we have already been in a no-wake zone for 20 minutes to get there, it is very annoying to have another 5 because someone chooses to putt out of the mouth.

In my opinion, if you can navigate the inlet, in the existing conditions, safely at cruising speed, you should be. Otherwise you are forcing everyone else to either pass or sit behind you.

How many of you would patiently drive behind a car doing 20mph on a highway with a 55mph speed limit when you have a safe passing lane?

 

[DogBone]

capeguy,

I'm in total agreement with what you stated above. If it is not a safety issue with your wake, then a few waves are not going to hurt another boat in the channel, especially one the same size as yours. If they don't want to get hit by wakes while fishing, fish somewhere else.

 

[Pez Vela]

Right or polite, that's the distinction I see. If you had slowed and thrown a wave with your hand instead of your boat, I bet you would have gotten a nod of appreciation and a friendly gesture back at you. Instead, you got a flared temper and a little tantrum. You didn't have to slow down for the fisherman, but I think you would have felt better about yourself if you had. What are you going to do next time?

 

[fishie1]

You asked who is right.

From The Official Boating Handbook of the Massachusetts Department of Natural Resources

Improper Speed or Distance is not maintaining a proper speed and/or distance while operating a vessel. Specifically, it is illegal to operate any vessel:

•At a distance from other vessels or at a speed that exceeds safe and reasonable limits given the waterway traffic; marked speed limits; visibility; wind, water, and current conditions; and the proximity of navigational hazards•At greater than 45 miles per hour on any inland waters of Massachusetts, except on areas posted otherwise
•At any speed within the following swimming areas:
◦150 feet of shorelines used as swimming areas
◦75 feet of floats or markers that designate swimming areas
•At a rate of speed that creates a wake that causes damage, injury, or excessive rocking to other vessels, rafts, or floats
•At more than headway speed under any of the following conditions:
◦Within 150 to 300 feet of shorelines used as swimming areas
◦Within 150 feet of marinas, ramps, rafts, or floats
◦Within 150 feet of swimmers
◦When vision is obscured by bridges, bends in the waterway, or any other reason
◦When operating in a channel, unless channel markers state that higher speeds are allowed

As Captain of your vessel you would need to ascertain whether any of these situations were the case and operate accordingly. You mention that the Sailfish that is trolling was in the channel when passed. If a LEO disagrees with your assessment than you may receive more than waving arms.

Forewarned is forearmed.

 

[Graybeard]

Well, almost every narrow channel in my area of the Chesapeake Bays has a 6 mph speed limit. So I've never experienced a situation like that. But trolling in a narrow channel isn't a very smart thing to do and may be contrary to the rules of the road if it is limiting any other boats needing to use the channel. Throwing a wake at a smaller boat isn't a seaman like thing to do either. A little courtesy on the water never hurt anyone and if I saw a boat trolling in a channel I'd try to show them some courtesy by regardless of how inconsiderate I thought they were. Planner Boards are now very popular with the trollers in these parts. If they are not flying flags they are hard to see and before you know it you can find yourself cruising through someone's lines. There was no accident or apparent violation of the rules of the road in this instance, only an ignorant fisherman who assumed everyone knew he was trolling and expected the world to adjust to him.

 

[gradydriver]

With so many places to choose to fish.....Why do people sit in the middle of a channel and then complain when they get passed by another boat that has to use that channel.... If wakes from another boat anger you.....maybe boating isn't your thing

 

[ahill]

I've been running rough inlets my whole life. Either as a young passenger or operator.
When you are coming in a tight inlet with standing waves a slowdown because of an idiot blocking your safe path is not an option unless you want to risk your passengers and boat.
I see a lot of jet skiers running rough inlets that create all kinds of problems for incoming vessels.
There is no PC answer, get in safe and don't worry about those that don't understand the danger.
Let the trolling guy broach because someone impeded his safe entry and then see what he says.