Replies

Well yes and no. If you read your NavRules (
US Coast Guard Navigation Rules http://www.navcen.uscg.gov/mwv/navrules/navrules.htm) they are both at fault.

RULE 8
ACTION TO AVOID COLLISION

(a) Any action taken to avoid collision shall be taken in accordance with the Rules of this Part and [Intl] shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

(b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided.

(c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.

(d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.

(e) If necessary to avoid collision or allow more time to asses the situation, a vessel may slacken her speed or take all way off by stopping or reversing her means of propulsion.

(f)

1. A vessel which, by any of these rules, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel.
2. A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by the rules of this part.
3. A vessel, the passage of which is not to be impeded remains fully obliged to comply with the rules of this part when the two vessels are approaching one another so as to involve risk of collision.

The Ady Gil was the stand on vessel as the Japanese vessel was crossing on the Ady Gil’s port side. The Japanese vessel was the give way vessel and should of either stopped or passed on the Ady Gil’s stern. I don’t have a dog in this hunt as I don’t care for the whalers and I definitely don’t approve of the Sea Shepard’s tactics.

The Ady Gil altered it speed which puts it at fault.

“The Ady Gil was the stand on vessel as the Japanese vessel was crossing on the Ady Gil’s port side. The Japanese vessel was the give way vessel and should of either stopped or passed on the Ady Gil’s stern.”

While this is true, having the right of way does not give you to demand the right of way if it will cause a collision. if the Ady gill did not accelerate that would not have been a collision.

The Ady Gil altered it speed which puts it at fault.

“The Ady Gil was the stand on vessel as the Japanese vessel was crossing on the Ady Gil’s port side. The Japanese vessel was the give way vessel and should of either stopped or passed on the Ady Gil’s stern.”

While this is true, having the right of way does not give you to demand the right of way if it will cause a collision. if the Ady gill did not accelerate that would not have been a collision.

The Ady Gil was the stand on vessel as the Japanese vessel was crossing on the Ady Gil’s port side. The Japanese vessel was the give way vessel and should of either stopped or passed on the Ady Gil’s stern.

The smaller boat has only slight headway which would not allow it to pass safely in front of the large ship. There would have been no collision if the smaller boat had not suddenly accelerated into the path of the whaling ship thus causing the collision.

I watched the video. At the beginning of the video the Ady Gil was roughly abeam of the Shonen Maru #2.

The Ady Gil was the stand on vessel and had a duty to maintain its course and speed. It also had a duty to attempt to avoid a collision without regard to the actions of the Shonen Maru #2.

The Ady Gil increased its speed and maneuvered to close the Shonen Maru #2. When it did so, it gave away its rights as to right-of-way. At that point, being the more maneuverable vessel, the Ady Gil became the burdened vessel and was required to maneuver away from the Shonen Maru #2.

Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)