Power gives way to sail? - Not with a fishing boat

1:47 AM Fri 25 Sep 2009 GMT

'If he’s fishing, he has right-of-way' .

In a case that cruising sailors will want to take note of, a sailing boat was recently found to be in the wrong when they filed a complaint about a fishing boat.

The investigation found that, in open water, 'a sailing vessel shall keep out of the way of a vessel engaged in fishing.'

The case involved a doctor and an assistant district attorney, who were aboard a sailing vessel in Wellfleet Harbour on Aug. 19. They filed formal complaints with the harbourmaster, the Wellfleet police and the Coast Guard after fishermen David Ziemba and his son Michael Ziemba, of the fishing vessel Sadie Mae, allegedly engaged in "wanton and reckless behavior."

The complaints filed by Dr. Richard Rubens and Frank Glaser, an assistant district attorney, included a videotape of the incident that Glaser said "created the risk of serious bodily injury to my two children."

His children, wearing vests, had jumped off into the water behind Ruben's sailboat, "Trial Balloon," and were on boogie boards when the "Sadie Mae" came up behind them and passed then on their left, Glaser said in his complaint.

Rubens, Glaser said, "cupped his hands around his mouth and yelled loudly at the fishing boat, 'We have swimmers in the water, get your boat out of here.'"

He yelled at the fishing boat two more times, but the fishing boat instead turned to run parallel to the sailboat.

Rubens, in his complaint, said the Sadie Mae failed to comply with the rules and regulations and his warning to stand off "to avoid the danger of collision or injury to my swimmers in the water."

The video was given to Wellfleet Police Chief Richard Rosenthal. He said he turned it over to the Coast Guard.

The Provincetown Coast Guard station handled the initial complaint, then turned it over to their Marine Safety Office, where Petty Officer Craig Sears investigated the matter. By Monday, Sears had concluded the investigation and found in favor of the Ziembas.

"The evidence collected shows that the fishing vessel Sadie Mae was actively engaged in fishing during the close call with the sailing vessel Trial Balloon," Sen. Chief Ronny German said, reading from Sears' report.

"The investigation determined that the recreational sailing vessel had been out for the day and had two children off the stern wake boarding. In incidences in which sailing vessels are in open water, Rule 18 shall apply, in which a sailing vessel shall keep out of the way of a vessel engaged in fishing, " Sears said in his report.

"The vessels did pass at a close, but safe, distance for the weather conditions, and the sailing vessel "Trial Balloon" would be at fault if an incident had happened."

by Marilyn Miller/Sail-World Cruising