This has been discussed on another board and few people with "Captains" licenses offered their understanding of the issue. One recently went thru the testing and certification, so the rules were current. Personal power boats (or charters) that are sport fishing do not qualify as "fishing boats", even if their mobility is restricted due to their method of fishing. A boat powered by sail almost always has right of way over our type of boats (non-commercial power
boats)unless it is coming from astern and overtaking us. A sailboat using its motor is considered a power boat so it must follow the right of way rules we do.

This is from another fishing site:

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General Rules

Rule 3

(d) The term "engaged in fishing" means any vessel fishing with nets, lines, trawls or other fish apparatus which restricts maneuverability, but does not include a vessels fishing with trolling lines or other fishing apparatus which do not restrict maneuverability.

The key words are restricts maneuverabilty.. "We" can never be restrcited in our ability to maneuver. The guys hauling 600-yards of net are certain restricted.

Steering and Sailing Rules

Rule 13 (overtaking)

(a) Notwithstanding anything contained in the Rules of Part B sections I and II, any vessel overtaking any other vessel shall keep out of the way of the vessel being overtaking

(b) A vessel shall be deemed to be overtaking when coming up with another vessel from such a direction more than 22.5 degrees abaft her beam, that is, that at night she would be a ble to see only the sternlight of that vessel but neither sidelights

(c) When a vessel is in doubt as to whether she is overaking another, she shall assume that this is the case and act accordingly.

(d) Any subsequent alteration of bearing between the two vessels shall not make the overtaking vessel a cossing vessel within the meaning of these rules or relieve her of her duty of keeping clear of the overtaken vessel until she is finally past and clear.

If I remember correctly you mentioned that the sailing vessel was approaching form astern... Does the criteria for overtaking exsist in your situation?

If so, the sailboat was required to keep clear. One the same token... Rule 17 (c) states, " When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as best to avoid collision.

Sounds like you did the right thing...

I would recommend to all owners/operator of vessels to snuff up on the rules.. We have too many knuckleheads on the water... and the fines are stiff if you were found not to be in complaince with the Rules...

Captain John

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I will second taking a Power Squadron basic safety course. I did when I purchased my boat several years ago. In addition to learning the basic rules of right of way, you will learn what safety equipment is required for your type of boat, State regulations, basic navigation information, and lots more. Rules on the water are different than the road and it is important to be familiar with them, even if many people don't know or observe the rules.