Boater safety question

[Kwan]

Dear Common Sense,

 

Where oh where have you gone

 

I think the guy who said/thought that the fisherman shoulda reeled it in and turned on the motor and dive out of the way was blowing his steam off for what happened to his side of the incident. Which is

 

I didn't know they could get charged with impeding with right to fish. I woulda thought harassment, but I rather just leave those guys alone or talk to them when they're calmer or something. If he read some of the posts from this thread he'd apologize. Hopefully

[Rich Clemens]

Unbelievable. I know that when I am under power going through a narrow area, if there is another boat, motorized or not sitting/fishing there, I will definitely slow down as to not make a large wake. Even wider areas, when I see a canoe, I'll slow down until we pass. Common sense and courtesy goes a long way.

[Rizzo]

Thanks for all the info...it appears to be unanimous. The funny thing is, the neighbour was going on and on about how these guys don't know the rules, probably don't have an operators card etc. He was so convinced he was right almost had me doubting...thought ,maybe there was a "no fishing in a narrow part of a lake" clause I wasn't aware of!

[spincast]

of course, just cause you're in the right doesn't mean he'll change his mind (sounds like he might have to find it before he changes it?). Might want to just hand him the Boat Safety book, open at the page discussing ROW under power vs not under power, with the section that says the vessel under power needs to steer clear highlighted? . He'll be there next year, but likely the dolt in the boat will choose a bigger lake to tube in next year, so proving the point (especially too forcefully) might open more issues than it closes?

[Rizzo]

so proving the point (especially too forcefully) might open more issues than it closes?

 

bingo...this person is regularly upset about one thing or another, just that type of personality I guess. I need to find a delicate way to explain that the fisherman had the right to be there, and it was not their responsibility to get out of the way when they saw him coming.

[spinnerbaitking]

You could always have a G2G on your lake:devil:& see if that helps, if the fishing OK a few of us could come up & give you a hand explaining the rules, or just carry a video camera with you & record him in action, that would be hard to argue with

Richard

[Guest gbfisher]

Playing chicken with a float plane. . ...its no wonder he didn't lose his head.

 

 

As for the boarder. They have to give way to anyone fishing power or no power.

There are spots where I troll that get very narrow. You should see the Yachts scream to a halt when they realize they can't get by at full steam.

 

[xpedx789]

Also, you cant have you're neighbor chasing off you're tenants like that either! I would consider telling him he owes you for 1 weeks rent! If he is really that upset, and believes so adamantly that he is right, you may need to take it a step further, and just file a report with the local law enforcement....

 

Just a thought...

[Woodsman]

Becomes a real gray area.. as the legislation for doing x KPH within so many meters of shore excludes picking up or dropping off a water skier/wake boarder/tuber.

Not so grey Wayne. From pg.57, Safe Boating Guide TP 511E (01/2009)

"Some Provinces have adopted speed limits of 10 km/h within 30 m (98'5") of shore line within their boundaries. This speed limit applies in Ontario. This speed limit is in effect whether posted or not. Exceptions include:

* recreational towing where the boat follows a path at a 90 deg. angle to the shore in an area designated by buoys for recreational towing."

Unless the towing boat is at 90 degs to the shore & it's a designated buoyed area the shore line speed limit applies.

 

I think that within 100 ft (30m) of shore you must do less than 10km. This means that on many rivers you are not on plane.

Actually unless posted it does not apply to rivers.

From pg.57, Safe Boating Guide TP 511E

"Some Provinces have adopted speed limits of 10 km/h within 30 m (98'5") of shore line within their boundaries. This speed limit applies in Ontario. This speed limit is in effect whether posted or not. Exceptions include:

* rivers less than 100 m (328') wide, as well as canals and buoyed channels."

[Tybo]

I just went through the department of justice again. The rules are still the same.

The "vessel" that has the better mobility must give way.

This also goes for sail boater to boaters that are fishing.

 

Oh by the way. In the real rules and laws. The word the right of way never

appear. Since the idea is to prevent a collision!!

Edited October 20, 2010 by Tybo

[glen]

Fishing always has the right of way unless its a floatplane.

 

Rizzo nice of you to give them there money back. They didnt ask for any trouble.

[Sharkbait22]

Thanks for the clarification. Nice to know about rivers.

 

 

Not so grey Wayne. From pg.57, Safe Boating Guide TP 511E (01/2009)

"Some Provinces have adopted speed limits of 10 km/h within 30 m (98'5") of shore line within their boundaries. This speed limit applies in Ontario. This speed limit is in effect whether posted or not. Exceptions include:

* recreational towing where the boat follows a path at a 90 deg. angle to the shore in an area designated by buoys for recreational towing."

Unless the towing boat is at 90 degs to the shore & it's a designated buoyed area the shore line speed limit applies.

 

 

Actually unless posted it does not apply to rivers.

From pg.57, Safe Boating Guide TP 511E

"Some Provinces have adopted speed limits of 10 km/h within 30 m (98'5") of shore line within their boundaries. This speed limit applies in Ontario. This speed limit is in effect whether posted or not. Exceptions include:

* rivers less than 100 m (328') wide, as well as canals and buoyed channels."

[POLLIWOGG]

These are where someone is a little bit right and then does something a whole lot wrong.

 

The wake boarder is right in a vessel cannot park itself in the way as it is against the law to impede the free flow of traffic, but this would hardly be the case as there is lots of room to get by without an exchange of paint. Doesn't matter if the drifting boat is legal or not the wake boarder should have given way to the drifting boat. Sounds more like he wasn't keeping watch and the realization that he might have killed someone made him look for someone else to blame.

 

If you are fishing in a channel and boats have to slow down for you, you are impeding the flow of traffic and should move on. But again he should not have been there is no excuse for running over someone.

 

Same thing with the float plane, Float plane on the water is a water craft subject to the same rules as a motor boat so the guy was right on that but wrong when he assumed right of way and ran into it or allowed it to run into him, as Tybo points out no vessel ever has right of way. The regs read vessels give way but never does it say assume right of way and any publication that says different is a usually a screwed up simplified version written by car guys,not boaters. There are so many exceptions to the rules that make it difficult to dictate a right of way, its better to have nobody with right of way, way is always given never taken. The collision regs state you must always avoid a collision no matter if you are the give way vessel or the stand on vessel, you can't run into some one or not avoid them running into you.

 

Tybo , under the definitions none of us would be considered a vessel in the act of fishing that would require another vessel to give way to us. This is for commercial boats that are working all kinds of gear that restrict their movement .

 

A copy of the collision regs makes for good reading when the fish aren't biting.

[Tybo]

Polliwogg. If you are long lining(200ft plus line out)or down rigging.Your mobility is

restricted by the lines. Then you are classified as a fishing vessel.

[smally21]

skiers and boarders and tubers seem to think no rules apply. no way condoning anything from the original post.

 

not trying to start anythig with trolling guys but when you've got 150 feet of line out and you're trolling a narrow channel what is the 'other' boater supposed to do? i guess just sit and wait for the fisherman to drive thru a 1000m channel at 1.5knots? i suppose the act of fishing and such applies however its not like this is your livelihood or feeding your family. at some point the fisherman needs to realize legal or not her is engaged in a recreational activity, tying up a thru way on the water and the other boater might actually have something more important going on than catching the big one. we always talk about our right to fish and invoke the 'engaged in the act of fishing' like we're whalers on a three year voyage and how the other guy is a jerk but lets face it-

 

as a fisherman i have a right to fish and typically the law is on my side. but i have a responsibility not to impede traffic

 

as a boater constantly slowing down and yielding right of way to a fisherman drifting thru the channel, or trolling thru the narrows impedes my enjoyment of the lake we share, as well as impedes my right to travel freely on the waterways WE SHARE. i just might be actually working on the lake, or going to work on the lake, and doing something more important than fishing - but i have a responsibity to not endanger or impede others right to fish

 

my point just saying what some others have said - recreational fishing is just that

 

i guess ive spent more time dodging tin cans in my cruiser than trolling thru the narrows so i come off a little more on the boaters side.

[canadadude]

Just because a sail boat is under sail it does not have the right of way over a power boat.The on coming vessel must give way to the slower or moored vessel.I know from trolling Lake Ontario many sail boats think because they are under sail they have right of way over a power boat trolling.However after this being said it's always in your best interest to give way to avoid a collision right or wrong it's better to untangle a few lines then be run over.

[POLLIWOGG]

Rule 3 General Definitions

 

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 maneuverability.

 

They don't consider trolling lines or riggers restrictive enough to get you the "vessel engaged in fishing" designation.

 

I was wr-wr -wr- wrong about the float plane, the guy was right, a seaplane is to keep clear of all vessels but if a risk of collision exists complies with the rules the same as a boat. But he was still wrong in not avoiding a collision.

[fish-miester]

at least you didn't try fishing around his dock

 

 

lol

 

never mind

 

 

 

 

 

hahahaha!