Red Over White

[LIGHTINING STRYKER]

Red over white were fishing tonight. If you are not showing these lights you are considered a rec. fisherman and are not legal to fish any bouy gear nor do you have right of way over the vessels that are around you.On the other hand if you are a rec. an see the red over white lights on another vessel the law states that you are required to give right of way. Not sure of the required distance I will try to find out and post.

[The BEAST]

Rule 3
The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restrict maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manageability.

Buoys free floating in the water do not restrict their vessel's maneuverability. My interpretation is that they are considered a normal power vessel when not actively engaged in the actual setting or pulling of a line at that particular time. Running 1/4 mile up/down stream to set or check a buoy rig would not constitute a 'right of way'.

My 2 cents!

[Hicatch]

Originally Posted by The BEAST

Rule 3
The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restrict maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict manageability.

Buoys free floating in the water do not restrict their vessel's maneuverability. My interpretation is that they are considered a normal power vessel when not actively engaged in the actual setting or pulling of a line at that particular time. Running 1/4 mile up/down stream to set or check a buoy rig would not constitute a 'right of way'.

My 2 cents!

Knowing the rules and interpreting them to ones benefit are entirely different. Well done Jim..

[LIGHTINING STRYKER]

Thats your interpretation. But the law says to yield right of way to a vessel with red over white [color regs.] I guess if the other captains interpretation is different then yours thats between you, him, an the coast guard. Once a comercially registered vessel enters federal water and is fishing for profit that vessel is required to show the red over white lights.I am trying to find my chapmans book to see if i can find more info. I have a head ache from looking through the magnuson stevens act.The regs should definatly be more clear.We are probably in the only place on earth that this type of situation exists. P.S. I do have a directed permit but do not deploy bouys.

[CaptKen]

Originally Posted by LIGHTINING STRYKER

Once a comercially registered vessel enters federal water and is fishing for profit that vessel is required to show the red over white lights..We are probably in the only place on earth that this type of situation exists.

You are exactly right, key word being federal, once in federal waters a whole differnt set of rules apply that most dont know about or do know and ignore. life raft,preservers,fire ext's,lighting,ice for fish,registration, Insurance. and the list goes on and on. not the same rules for a pleasure craft.
Its not interpation, your either right or your not. but then again whos gonna enforce it ? I cant see the marine patrol for instance going and pulling a buoy to check for circle hooks as an example.

[The BEAST]

Quit looking at the Chapmans and look a the COLREGS.

Read Rule #3 again. By your interpretation he could go out there, throw one line in the water and run around for miles scouting his bottom machine for new places and having the 'right of way' simply becasue he is flying red over white even though he is not engaged in the act of fishing? I see shrimp boats flying the green over white as they idle down the home channel here. I see boats running 40 mph with the dive flag up. Should we give them the benefit of the doubt that they are trawling shrimp in the channel or snorkeling/diving at 40 mph.

You know the 2 above scenarios are against CG regs as much as not having lights on or flags up.

The key words are ENGAGED and RESTRICTS maneuverability... not lights on... not somewhere near the gear... not running to set up gear...

If they are actually engaged in the act of fishing be it setting up gear, retrieving gear, or actually engaged in retreiving a fish, THEN they are RESTRICTED IN MANEUVERABLILTY.

WE won't even get into day shapes. That would blow everyones mind because most have no clue where to look for them let alone what they are looking at or what they mean.

I do side work for Wolf Technical in Indiana as an expert witness in boating accident cases and trials. If you read enough depositions you would be shocked at what some peoples interpretations are. If you read the USCG Regs word for word, verbatim, you almost never go wrong.

[LIGHTINING STRYKER]

Day shapes LOL I thought that was just for reading pleasure at sea school. I personally have only seen them on the mississippi river. Beast not sure of who you are but I could only hope that everyone had your understanding of boating rules.Most don"t and until they do we will continue to have issues on the waters here. I recently heard that some of the recs. are starting to cut bouys loose from the main line this could get interesting.

[Warbird]

Whats happening redneck. Hey man I need to get a hold of you. I lost your number if you have mine give me a call. If not post back and well hook up and go kill some ****!!!

[LIGHTINING STRYKER]

no problem jesse i will call you sometime today. you done in g.a.?

[underdog]

Practically all south florida lobster boats display day shapes, two black triangles point to point!

[Tuna Devil]

[quote=The BEAST;56687]

WE won't even get into day shapes. That would blow everyones mind because most have no clue where to look for them let alone what they are looking at or what they mean.

QUOTE]



I did not realize you were the only guy in South Florida with basic Seamanship knowledge.

[freezorburn]

What's the reason for the refresher course on basic Captain skills? Did i miss a prior descussion?

[Reef-i]

Originally Posted by LIGHTINING STRYKER

. P.S. I do have a directed permit but do not deploy bouys.

not to bust balls but, since i know you're not fishing a LL and you can't make nearly enough money to make a "living" rod and reel swordfishing the way you can with bouys, i have to assume you own the directed permit only as a means of being able to sell your fish and possibly recoup some of your gas money...You probably also have a day job.

I just don't see the point of NOT fishing that gear if you intend to own a permit and try to "make a living" by selling your catch.

i see nothing wrong with having a day job, owning a permit, fishing when you can, and selling your fish to cover the cost of your trip. Heck, you shelled out the money to buy the permit in the first place.

i'm not bashing - and i'm not certain that i have a real point, but, i just can't imagine not fishing the most effective gear possible to maximize your catch while minimizing your effort and cost.

[Flatsfish B]

Originally Posted by Reef-i

not to bust balls but, since i know you're not fishing a LL and you can't make nearly enough money to make a "living" rod and reel swordfishing the way you can with bouys, i have to assume you own the directed permit only as a means of being able to sell your fish and possibly recoup some of your gas money...You probably also have a day job.

I just don't see the point of NOT fishing that gear if you intend to own a permit and try to "make a living" by selling your catch.

i see nothing wrong with having a day job, owning a permit, fishing when you can, and selling your fish to cover the cost of your trip. Heck, you shelled out the money to buy the permit in the first place.

i'm not bashing - and i'm not certain that i have a real point, but, i just can't imagine not fishing the most effective gear possible to maximize your catch while minimizing your effort and cost.

I'll take a stab...

Bouys are hard work, it is not relaxing, and takes the fun out of it. Maybe he has had the permit for a while and got it before the prices went sky high.
If i had a permit i would do the same thing, i love fishing, i don't really care about eating fish, most trips i let the rest of the crew take the fish. But this way on trips were you put a night wieght of fish in the boat you can make back the gas/line/rigs/squid that you have spent money on the past month since your last good trip.

Just a guess...