View Full Version : Dragger cut my anchor. What to do ? poll:


thefishingfreak
10-03-2011, 07:51 AM
Anchord in the fleet over the weekend {where I had spent the entire night, not like I just showed up and set up in anyones way} when a dragger clipped my anchor, towing us about 100 yards before parting the line. I couldn't get them on the radio, so I had to chase him down..
Long story short. The guy refused to take responsability. Stop dragging to talk about it, or even admit it happened.
After way too much screaming on my part I got them to haul back. The deck hand claimed the Capt. didn't speak english, so he just hid out in the wheelhouse, and they "Don't know what to tell you" "the nets not damaged, your anchor isn't stuck in the net and You can't prove it" So I called the coast guard.
Thay told me to file a report on land and asked if "MY" insurance would cover it?

Should I just let it go and suck up the couple hundred bucks this jerk just cost me? or try to get reimbursed?

PRBuzz
10-03-2011, 08:09 AM
What kind of deductible do you have? Did you get all the boat ID information? Picture of being dragged?

WTF: the Capt didn't speak English!:wall:

Piscator
10-03-2011, 08:28 AM
Talk about timing.......................I was at a well known marine supplier in Marshfield on Saturday and I was asking the guy how the whiting bite has been recently, he said "if you are going to fish it, watch out for you anchor, I think the dragger captains have a bet going on how many they can get this year"

thefishingfreak
10-03-2011, 09:09 AM
I have all ness info for vessel owner. my deductable is 7% I believe.

Mind you this happened to me a few years ago in the same scenario. Back than the capt told me I "should have know better than to set up where they were working"
nothing happened, I just let that go ..

I am a commercial fisherman just as much as they are and like me, they need a commercial vessel operators permit.
I guess it doesn't pay to set up on the outside edge of the fleet..

fish4striper
10-03-2011, 09:26 AM
sucks, You got nothing to lose to file except some time I guess.

iamskippy
10-03-2011, 09:34 AM
i hate the " speak no English" part i prob would have been in the wheel house giving him a free English lesson. - you could turn this into a whale wars type incident!

Raider Ronnie
10-03-2011, 11:21 AM
One thing I've learned in my years fishing offshore, especially near commercials.
Laws don't apply out there and things are self policed.
Almost always the bigger boat and the one most crazy wins !
The real commercial full time tuna fishermen typically won't have these problems as they and the guys running draggers, gill net boats ect.... usually know each other and are friends.

nightfighter
10-03-2011, 11:39 AM
Please post the name of said FV......

Typhoon
10-03-2011, 11:46 AM
I watched it all happen as I was anchored up right near you mike. My friend has a slip in P-town and said the captain of the Pamet speaks portugeuse but certainly understands english when he needs to.

Yours truly had the 30 second run off of death and a broke a crimp on
a big fish Saturday .

big jay
10-04-2011, 06:22 AM
It's just the cost of fishing there. Happens a few times every year, and there's nothing you can do about it.

Go buy another anchor and let it go.
Posted from my iPhone/Mobile device

buckman
10-04-2011, 09:37 AM
Might be time to load up on some of that stuff they throw on whale wars. Eff them scum bags. I'm a firm believer in treating others as they treat you.

PRBuzz
10-04-2011, 09:48 AM
Might be time to load up on some of that stuff they throw on whale wars.

WW's uses butyric acid but go for the isobutyric acid, much more STINK!

Raider Ronnie
10-04-2011, 10:48 AM
Might be time to load up on some of that stuff they throw on whale wars. Eff them scum bags. I'm a firm believer in treating others as they treat you.



You really think it would be smart to pick a fight with a boat 3-4 times bigger and probably a crew 5 times as crazy ?

big jay
10-04-2011, 11:29 AM
Throwing butyric acid at boats while they're working is a good way to get your a$$ beat shoreside - and deservedly so.

Keep in mind that area is closed to fixed gear for a short season so those guys can drag unencumbered.
Posted from my iPhone/Mobile device

buckman
10-04-2011, 11:43 AM
You really think it would be smart to pick a fight with a boat 3-4 times bigger and probably a crew 5 times as crazy ?

I know...kinda sounds like the Pats/Raiders game. Undergunned and overmatched:rotf2:

Raider Ronnie
10-04-2011, 11:49 AM
I know...kinda sounds like the Pats/Raiders game. Undergunned and overmatched:rotf2:


Haha
Don't know if I agree with that Steve.
The Raiders are much crazier and commit stupid penalties just like the guys on those draggers

buckman
10-04-2011, 03:02 PM
Haha
Don't know if I agree with that Steve.
The Raiders are much crazier and commit stupid penalties just like the guys on those draggers

I'll say this Ron...I wouldn't let anyone that can't speak English drive me off of American fishing grounds. :rocketem:

Raider Ronnie
10-04-2011, 03:19 PM
I'll say this Ron...I wouldn't let anyone that can't speak English drive me off of American fishing grounds. :rocketem:

Whats the difference.
Obama gets done screwing up this country , millions of non English speaking people will be driving lots of Americans off plenty of other things besides fishing grounds

Hooper
10-10-2011, 07:09 AM
Let it go

likwid
10-10-2011, 07:02 PM
You really think it would be smart to pick a fight with a boat 3-4 times bigger and probably a crew 5 times as crazy ?

Lets not forget probably hopped up on coke and meth.

Mike, were you showing the proper lights? :hihi:

thefishingfreak
10-10-2011, 08:01 PM
It's broad daylight and I'm under 12 meters, not required
Posted from my iPhone/Mobile device

JackK
10-11-2011, 01:36 PM
Did you have an anchor ball displayed? I was under the impression that any vessel regardless of length is required to have a black ball displayed when at anchor.

Not that I've ever seen one, especially out in that clusterf*ck... :hihi:

Saltheart
10-11-2011, 05:23 PM
Definitely file the reports with the Coast Guard. As far as Insurance etc goes , look into the economics of it all.

Filing the paperwork helps put it on record this A hole did it. If he does it to a few others then there is a paper trail and something may happen.

Unfortunately its the wild west out on the water.

likwid
10-12-2011, 07:34 AM
It's broad daylight and I'm under 12 meters, not required
Posted from my iPhone/Mobile device

30a/b

file a report and they'll most likely want to know.

thefishingfreak
10-12-2011, 09:34 AM
30a/b

file a report and they'll most likely want to know.


2/a

thefishingfreak
10-12-2011, 09:55 AM
Filed a lenghty report with the coast guard.
Called my insurance co- No help there, it's under my deductable.
Got qoute from hamilton marine for replacement value of what was taken from me{$490.00}
Called owner who did returned my call ,then told me to go Eff myself. Sent certified mail including CG reports, quote and demand for payment to company\corp. owner with intent to file lawsuit within 14 days.
Next step, i'm fileing small claims lawsuit for 490.00 for what was taken from me.
Accident or not, that does not relieve the captain of responsiblilty.
He effin dragged my boat for over 100 yards before the line snapped and then tried to screw!
I'm out 600' of line, 15' of 5/8 chain, a 22# anchor and a few shackles..I want it back! simple as that.
It's no different then someone running over your spread of 8 spreader bars cutting every single one and then simply turning a blind eye and denying it ever happened. or taking one of your penn 50's
Not chump change here.
I want back what was taken from me..

MakoMike
10-12-2011, 10:30 AM
Filed a lenghty report with the coast guard.
Called my insurance co- No help there, it's under my deductable.
Got qoute from hamilton marine for replacement value of what was taken from me{$490.00}
Called owner who did returned my call ,then told me to go Eff myself. Sent certified mail including CG reports, quote and demand for payment to company\corp. owner with intent to file lawsuit within 14 days.
Next step, i'm fileing small claims lawsuit for 490.00 for what was taken from me.
Accident or not, that does not relieve the captain of responsiblilty.
He effin dragged my boat for over 100 yards before the line snapped and then tried to screw!
I'm out 600' of line, 15' of 5/8 chain, a 22# anchor and a few shackles..I want it back! simple as that.
It's no different then someone running over your spread of 8 spreader bars cutting every single one and then simply turning a blind eye and denying it ever happened. or taking one of your penn 50's
Not chump change here.
I want back what was taken from me..

Good for you! Go get 'em Mike!

FishermanTim
10-12-2011, 11:46 AM
Filed a lenghty report with the coast guard.
Called my insurance co- No help there, it's under my deductable.
Got qoute from hamilton marine for replacement value of what was taken from me{$490.00}
Called owner who did returned my call ,then told me to go Eff myself. Sent certified mail including CG reports, quote and demand for payment to company\corp. owner with intent to file lawsuit within 14 days.
Next step, i'm fileing small claims lawsuit for 490.00 for what was taken from me.
Accident or not, that does not relieve the captain of responsiblilty.
He effin dragged my boat for over 100 yards before the line snapped and then tried to screw!
I'm out 600' of line, 15' of 5/8 chain, a 22# anchor and a few shackles..I want it back! simple as that.
It's no different then someone running over your spread of 8 spreader bars cutting every single one and then simply turning a blind eye and denying it ever happened. or taking one of your penn 50's
Not chump change here.
I want back what was taken from me..


Wouldn't that be the nautical equivilent of a "hit and run"?

Although you didn't suffer any serious damage or physical loss, it could have happened just as easily.

This "part-time english speaking POS needs to be made to pay!
Although revenge and retaliation sound justified, they would just lower you to his level. Make sure to try an include ALL your court cost in the small claims filing, so that he can feel the pleasure of paying for you to beat his sorry arse in court!!!

JohnnyD
10-12-2011, 01:08 PM
Great for you. Good luck with the small claims proceeding. I'd be curious if he tries to pull the "no speak english" with the court and doesn't show up.

Please keep us posted.

Mr. Sandman
10-19-2011, 04:16 PM
This goes directly to the earlier post about carrying guns on board.
If your boat starts being pulled...fire a warning shot! You need to get his attn. That is a very dangerous situation. Imagine if you were tied up beam-to...Gunshots at sea are a universal language that everyone understands.
Hope it all works out for you. The comm guy will ignore you and drag their feet until you give up. Your insurance probably has a deductible > than the loss.
Sounds like you need to institute justice on the spot next time.

likwid
10-19-2011, 04:19 PM
This goes directly to the earlier post about carrying guns on board.
If your boat starts being pulled...fire a warning shot! You need to get his attn. That is a very dangerous situation.
Hope it all works out for you. The comm guy will ignore you and drag their feet until you give up. Your insurance probably has a deductible > than the loss.
Sounds like you need to institute justice on the spot next time.

You act like they don't have guns.

Mr. Sandman
10-19-2011, 04:36 PM
That guy would drag your ass underwater and not look back. Once free you can outrun them.

Mossberg with the marinecoat large single slug

likwid
10-19-2011, 04:43 PM
That guy would drag your ass underwater and not look back. Once free you can outrun them.

You can't outrun a radio.

Mr. Sandman
10-19-2011, 04:48 PM
Yeah but you are alive....Also,By then you can call the CG and tell them this guy tried to kill you and you were protecting your property and life. He did not respond to the radio. Let the guy who can't speak English and who is probably wasted explain that to the CG

likwid
10-19-2011, 04:51 PM
Yeah but you are alive....Also,By then you can call the CG and tell them this guy tried to kill you and you were protecting your property and life. He did not respond to the radio. Let the guy who can't speak English and who is probably wasted explain that to the CG

And you took a shot at them.
He may get a slap on the wrist, but you're getting arrested at the dock.

The rules say if another vessel doesn't make any effort to avoid a collision, you must make every effort to move. You can't just sit on your hands and hope for the best.

thefishingfreak
10-19-2011, 07:02 PM
Ted u love to play devils advocate. Nobody was sitting on there hands hoping for the best. Just because I didn't make an effort to get out of this guys path doesn't put the blame on me. The rules are very clear. I have the right of way as nuc. I'm anchored, he got too close. Simple as that.
If you slam into the back of a car stopped on the highway your not relieved of blame because the other car didn't make an effort to get out of the way.
7 days left to pay up.
Posted from my iPhone/Mobile device

RIROCKHOUND
10-19-2011, 07:16 PM
TThe rules are very clear. I have the right of way as nuc.
Posted from my iPhone/Mobile device

Were you displaying red over red or two black balls?
Were you unable to start engines or anchor...

at anchor is NOT a NUC!

"The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel."

"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."


The guy is in the wrong for grabbing your anchor and dragging you, but make sure you are fighting on the correct grounds...

thefishingfreak
10-19-2011, 08:07 PM
That's open to interpretation. The exceptional circumstance is that I'm anchored to the bottom and therefore unable to maneuver
Posted from my iPhone/Mobile device

likwid
10-19-2011, 08:14 PM
That's open to interpretation. The exceptional circumstance is that I'm anchored to the bottom and therefore unable to maneuver
Posted from my iPhone/Mobile device

Open to interpretation? But the rules are clear?

Can't have it both ways.

(Devil's advocate is fun, people talking about pulling guns is gay.)

n/m, B got it already.

And an example of "exceptional circumstance" is equipment failure, not being anchored.

If you are actually not under command, you need to make it known.

nightfighter
10-19-2011, 08:17 PM
I would have considered shooting a flare into his wheelhouse.....:devil2:

likwid
10-19-2011, 08:32 PM
I would have considered shooting a flare into his wheelhouse.....:devil2:

Don't you have a kite to pack or something? :hihi:

thefishingfreak
10-19-2011, 08:39 PM
Ahhhhhh whatever. I'll let the magistrate decide who's at fault.
A vessel at anchor is by definition unable to keep out of the way. Back to rule 2
Posted from my iPhone/Mobile device

big jay
10-20-2011, 12:12 AM
There's something else that you should really consider.

That are of Cape Cod Bay is closed to "Fixed Gear Fishing". This means no lobster gear, gillnets or tub trawls - this was put into place so the whiting boats could work freely without getting fouled up.

If you go ahead with this lawsuit, the magistrate, or Paul Diodati himself could decide that anchoring up to commercially fish for tuna in this restricted zone is the equivalent of "fixed gear".

And if that happens, you're going to have a sh*tload of seriously pissed off tuna guys.

RIROCKHOUND
10-20-2011, 06:08 AM
That's open to interpretation. The exceptional circumstance is that I'm anchored to the bottom and therefore unable to maneuver
Posted from my iPhone/Mobile device

No, it's not.

Unless you are displaying NUC symbols/lights you are NOT NUC! Typically, this means you were declaring on the radio you were NUC as well... As ted said, if you lost power, tossed the hook and radioed you were NUC, you might have a leg to stand on.

Anchored and fishing w/lines is not NUC or even RAM. it is an ANCHORED Powerboat.....

Not trying to piss on your stance, but don't try and wrongly interpret the rules for your sake....

likwid
10-20-2011, 06:25 AM
Lets not forget COLREGS is not "open to interpretation"
They're very black and white.

thefishingfreak
10-20-2011, 06:28 AM
Yes I see. Points taken
Posted from my iPhone/Mobile device

RIROCKHOUND
10-20-2011, 06:53 AM
Yes I see. Points taken
Posted from my iPhone/Mobile device

Again, not trying to piss on your parade... I'd rather see realize the faults in the argument here among friends rather than in court!

I do hope you can get the $$ back. the crappy thing is, they probably have a collection of anchors at their shop just from things like that....

likwid
10-20-2011, 06:57 AM
Again, not trying to piss on your parade... I'd rather see realize the faults in the argument here among friends rather than in court!

I do hope you can get the $$ back. the crappy thing is, they probably have a collection of anchors at their shop just from things like that....

anchors, lobster traps, motorcycles, cable, chain, other #^&#^&#^&#^& that boggles the mind that people have chucked over the side.

Mr. Sandman
10-20-2011, 07:09 AM
First, stop with all this jail talk about firing a gun at sea. It is not illegal. It is way outside city jurisdiction and quite frankly if a vessel is being dragged uncontrollably by a dragger who will not stop... is clearly a vessel in serious distress.
If not responding to radio/horn etc, a gun shot (every 60 seconds) is a perfectly LEGAL way to to get some attention.

SECTION 1: DISTRESS SIGNALS
(PRESCRIBED BY THE INTERNATIONAL REGULATIONS FOR PREVENTING
COLLISIONS AT SEA 1972)
To be used or displayed, either together or separately, by a vessel (or seaplane on the water) in distress requiring assistance from
other vessels or from the shore.
1.A gun or other explosive signal fire at intervals of about a minute
2. A continuous sounding with any fog-signaling apparatus.
3. Rockets or shells, throwing red stars fired one at a time at short intervals.
4. A signal made by radiotelegraphy or by any other signaling method consisting of the group • • • – – – • • • SOS in the
Morse Code.
5. A signal sent by radiotelephony consisting of the spoken word “MAYDAY”.
6. The International Code Signal of distress indicated by NC.
7. A signal consisting of a square flag having above or below it a ball or anything resembling a ball.
8. Flames on the vessel (as from a burning tar barrel, oil barrel, etc.).
9. A rocket parachute flare or a hand flare showing a red light.
10. A smoke signal giving off a volume of orange-colored smoke.
11. Slowly and repeatedly raising and lowering arms outstretched to each side.
12. The radiotelegraph alarm signal.*
13. The radiotelephone alarm signal.**
14. Signals transmitted by emergency position-indicating beacons.***

nightfighter
10-20-2011, 07:35 AM
I can see where this may end up getting bogged down in technicalities.... However, Mike states he was anchored, within the fleet, in daylight. That the dragger deliberately chose a course that clipped his anchor and dragged his vessel, is poor seamanship and just wrong in my opinion. The Bank is large enough for the two factions to coexist, yet this captain has to pull this crap. He had room and opportunity to avoid this "collision". Nothing more than trying to be the bully. Lights, balls, and signals aside, he was just wrong.

likwid
10-20-2011, 08:39 AM
This goes directly to the earlier post about carrying guns on board.
......
Sounds like you need to institute justice on the spot next time.

:rotf2:

Piscator
10-20-2011, 09:26 AM
[QUOTE=likwid;894571]anchors, lobster traps, motorcycles, cable, chain, other #^&#^&#^&#^& that boggles the mind that people have chucked over the side.[/QUOTE

Example, The US Navy tosses the aressting gear cabels from aircraft carriers overboard after they reach 100 arrested landings. Those things are huge and are like $80K a piece.

Sorry, off topic

thefishingfreak
12-08-2011, 11:47 AM
Just got out of court.
The vessel owner, the Capt. & the deck hand were all there.
Their defense was pretty much "it wasn't us" and "maybe a shark or a whale did it". I can't prove it was them etc...

The court is going to take it under advisement and we will get a decision in the mail, in about a week.

nightfighter
12-08-2011, 11:49 AM
Good luck. What was their "attitude" towards you?

thefishingfreak
12-08-2011, 12:07 PM
Not bad , not hostile or anything. They were just denying they did it or that I could prove it was them.
Posted from my iPhone/Mobile device

MakoMike
12-08-2011, 12:11 PM
Hopefully the Judge will see right through that BS.

riff_raff
12-08-2011, 02:57 PM
Trying to get the word out.

BEWARE - Whales and Sharks Attacking Anchor Lines, Dragging Boats - Mass Bay (http://www.noreast.com/discussion/ViewTopic.cfm?topic_ID=173542)

thefishingfreak
12-13-2011, 10:21 AM
Judgement for the Plaintiff!!!
$539.00

Slipknot
12-13-2011, 10:26 AM
Well THAT'S Great news Mike :btu:

chaulk up another one for the little guy
there is justice after all.
I guess the judge saw right thru that shark or whale defense:rotf2:

PRBuzz
12-13-2011, 10:28 AM
Way to Mike! That will buy on hell of an anchor.:rotf2:

How was his English in a court room?

thefishingfreak
12-13-2011, 11:27 AM
Capt'n didn't speak, only Corp. owner and deck hand spoke.
So true to form.. "Ain't nobody talk to da captain man"

Mr. Sandman
12-13-2011, 02:07 PM
Glad to hear that!!!

Moses
12-13-2011, 04:56 PM
Some good news!! Nice reward for sticking with it.

thefishingfreak
12-30-2011, 07:03 PM
Got the check today. $$$
Case closed.
Posted from my iPhone/Mobile device

O.D. Mike
01-02-2012, 08:53 AM
[QUOTE=likwid;894571]anchors, lobster traps, motorcycles, cable, chain, other #^&#^&#^&#^& that boggles the mind that people have chucked over the side.[/QUOTE

Example, The US Navy tosses the aressting gear cabels from aircraft carriers overboard after they reach 100 arrested landings. Those things are huge and are like $80K a piece.

Sorry, off topic

I wonder what the scrap price for that woud be? $20k?

MakoMike
01-04-2012, 02:26 PM
Got the check today. $$$
Case closed.
Posted from my iPhone/Mobile device

Good for you, nice going. Maybe it'll make them a little more cautious for the rest of us.

mungerish
01-04-2012, 07:12 PM
:smash:

In the summer of 2010, we had a Hinkley from Bristol RI come thru the bank on auto pilot. I just got a funny feeling about this guy as he approached... Even though we had a kite up and all kind of baits out on balloons, I told my buddies I was going to move...To which they all said : " Nah..He's gonna vere off. Don't worry about it"

Needless to say the D-bag crashed right thru all the gear and took the kite with him. I know he had left the helm b/c I could see him climbing back to the wheel as he went past us. If I had not slowly tried to move away, he would have T-Boned me.
Now all the meat heads on the boat with me want to chase him down and throw sinkers at him even though he had a big lead on us...So we chased him, but ended up calling the CG.
When I followed up with the CG days later, they basically said they tried to hail him on the radio but he would not answer.
No #^&#^&#^&#^&, really? If he would not answer for us I was not surprised.
I had the impression when I radioed them that someone from the Newburyport station was going to intercept him as he looked like he was headed to NH or ME.

Do to the wonders of the internet, within an hour of getting home I was looking at a satelite image of the guys house. My bud who lost the gear wanted to take it from there, but he never folowed thru.

Anyway, good on ya for staying up the creeps ass and getting paid.

Peter