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Published on MadMariner.com (http://www.madmariner.com)
Boaters Should Not Be Licensed
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Motor into any marina, listen to the talk on any dock, and it seems like everyone has an opinion about whether recreational boaters should be licensed. While you might say "drivers need licenses, why not boaters," there are passionate supporters on both sides of the issue. For the most part, it's a debate that pits general safety against the creation of a law that, in my opinion, would hinder more than help by placing a heavy burden on many boaters.

I think there's a better way.

LAW AND ORDER

Rather than creating a licensing law, I believe it is time to create a minimum standard qualification for boat operation, which could be obtained after completing a U.S. Coast Guard Auxiliary Boating Skills and Seamanship Course. Without this qualification, would-be boat owners would be prohibited from getting bank loans to purchase or insurance to cover their vessels.

In addition, insurance policies would only cover accidents that occur when a boat is operated by a certified owner, or another adult who has the proper credentials from a boating class. It would also be illegal for anyone under the age of 16 to operate a power boat, or for anyone under the age of 12 to operate a non-motorized sailboat or rowboat.

After all, most of us received extensive training before we got our driver's licenses, so why not require at least as much to promote boating safety? Currently, Insurance companies give a discount on insurance premiums to those who have graduated from boating safety courses. Why not just require basic education for everybody up front?

MOVE OR BE MOVED 

That training certainly would have come in handy during a near-collision I recently witnessed on the San Joaquin River.

It was there that I passed a bass boat that was unwittingly anchored dead-center in the river's main commercial shipping channel. It seemed the boat's captain was unaware that under US law it is illegal to anchor and fish in a navigable channel.

That's because the main channel on navigable waterways is reserved for commercial vessels only. The Narrow Channel Rule is very specific when it says "A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway." It goes on to say "Every vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel."

Therefore, sport fishing in a 16-foot skiff is not sufficient reason to anchor in the channel.

Of course, these anglers likely never took the U.S. Coast Guard-Auxiliary Boating Skills and Seamanship Class, so they didn't know that the Navigation Rules exist.

At about the same time we encountered the fishing boat, we noticed a large cargo ship approaching up river at 16 knots, accompanied by two tugs. Knowing the cargo ship would close the distance between us in less than four minutes, we diverted our course into the shallow waters just outside the main channel, in accordance with the navigation rules. By doing so we allowed the larger commercial ship, which is constrained by her draft, to maneuver in the narrow channel.

Yet, the bass fishermen just remained anchored in the channel. The fishermen saw the cargo ship coming but did nothing. Perhaps they once heard someone say "fishermen have the right of way," and figured "let him go around us." But the narrow channel prevented the ship from going anywhere but straight through.

Also, out of ignorance, the anglers had failed to hoist a black ball, which is a required signal under the Navigation Rules, which indicates to other vessels that a boat is anchored, not underway. They also failed to display markers to indicate that they are fishing. Those markers are required to be displayed on commercial fishing vessels in order to claim the Fisherman's Right of Way.

Because of all the miscues, the cargo ship's captain likely deduced that the fishing boat would move to the side of the channel, as is required of all vessels under 65 feet.

Still the angler just sat there, much like a drunk driver parked on a railroad crossing.

About three minutes from impact, the cargo ship sounded five short whistle blasts, an internationally recognized danger signal. Nevertheless, the fishermen clearly didn't know what the signal meant and continue to sit, unaware that the cargo ship is not going to slow down.

With less than sixty seconds on the clock before a collision occurred, the cargo ship whistled an additional five blasts and the fisherman finally realized that their lives were in imminent danger. With the lines still hanging over the side of their boat, they scrambled to get in their anchor and managing to surf away on the ship's bow wave.

It was way too close.

As the ship disappeared up river and we headed for the marina, we watched in disbelief as the fishermen reset their anchor in mid-channel.

Their actions were just crying out for a course on boating safety.


Source URL:
http://www.madmariner.com/blogs/alan_hugenot/2210