Yes, you should stand on until it becomes apparent that the other vessel is not responding in a timely manner at which point you make the adjustment to course to avoid a collision. I treat such instances like defensive driving and usually slowing down is enough to guarantee a safe passing.
She is showing Fishing day shape ... Hmmm assuming you had not noticed the fishing shape... The question has to be why stand on? You can see a boat of fish type (if you have not seen day shape) ...
Fishing boats and boats exhibiting the fishing day shape don't have right of way. Vessels engaged in fishing do, which is quite a different matter. If you read through the MAIB reports you'll see several cases of accidents, some serious, in which fishing vessels had nobody at the wheel or keeping a look out.
Fishing boats and boats exhibiting the fishing day shape don't have right of way. Vessels engaged in fishing do, which is quite a different matter. If you read through the MAIB reports you'll see several cases of accidents, some serious, in which fishing vessels had nobody at the wheel or keeping a look out.
Your first sentence seems to suggest standing on one's rights.
The last sentence illustrates why this is often not a good idea in the case of fishing boats.
Which do you actually do in practice?
I cannot think in the rules where it is for you to decide if fishing boats are engaged in fishing? If they are displaying the shapes they are fishing, that's how the rules work?
As for the standards of watch keeping and correct use of signals on fishing boats (or any other vessel for that matter, as yachties are we that diligent in showing motor sailing cones) that's a totally separate subject.
For the record I would of probably done similar to the OP and allowed the boat to pass at a close but safe distance, sailing for me is about pleasure..
Lets face it if he is incorrectly showing day-shapes and not keeping a proper lookout he is not likely to be the most diligently in following the rules?
No. It's laid down very clearly in Rule 3:
(d) The term “vessel engaged in fishing” means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.
You'll notice that it does not say "vessel engaged in fishing means any vessel displaying the lights and marks of a fishing vessel, regardless of what it's actually doing"
There are points of similarity. If you saw a yacht with mainsail only up, heading into wind at 7kts and displaying no cone, would you give way on the grounds that you cannot think in the rules where it is for you to decide whether sailing boats are engaged in sailing?
No. It's laid down very clearly in Rule 3:
(d) The term “vessel engaged in fishing” means any vessel fishing with nets, lines, trawls or other fishing apparatus which restrict manoeuvrability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manoeuvrability.
You'll notice that it does not say "vessel engaged in fishing means any vessel displaying the lights and marks of a fishing vessel, regardless of what it's actually doing"
There are points of similarity. If you saw a yacht with mainsail only up, heading into wind at 7kts and displaying no cone, would you give way on the grounds that you cannot think in the rules where it is for you to decide whether sailing boats are engaged in sailing?
Agreed, twice.
The correct course of action for the OP if the boat as appears is incorrectly showing day shapes and/ or not keeping proper lookout is to report the boat to the authorities.
Can I report all the fishing boats tied up in harbour that are showing "engaged in fishing" symbols - welded to the mast?
To the OP - don't get in the way: they are working hard to earn a living in a tough trade.
Whilst not wishing to turn this into another colregs thread, I think you are wrong here. Rule 26 says (and I'm précising here) "A vessel engaged in trawling (or fishing) shall exhibit....two cones one above the other". Therefore any vessel showing the two cones IS fishing according to the colregs, regardless of what you might think.
A vessel with sails up and no motoring cone IS sailing according to the colregs, regardless of what you might think.
The rules are not open to interpretation.
Well I've tried loading the photo several different ways and given up now, it's my bed time! I thought it should be easier with the 'new' forum.