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

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
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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.

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....

Lets not forget COLREGS is not "open to interpretation"
They're very black and white.

Yes I see. Points taken
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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.

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.***

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.

:rotf2:

[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

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.

Good luck. What was their "attitude" towards you?

Not bad , not hostile or anything. They were just denying they did it or that I could prove it was them.
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Hopefully the Judge will see right through that BS.

Trying to get the word out.

BEWARE - Whales and Sharks Attacking Anchor Lines, Dragging Boats - Mass Bay

Judgement for the Plaintiff!!!
$539.00

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:

Way to Mike! That will buy on hell of an anchor.:rotf2:

How was his English in a court room?

Capt'n didn't speak, only Corp. owner and deck hand spoke.
So true to form.. "Ain't nobody talk to da captain man"

Glad to hear that!!!

Some good news!! Nice reward for sticking with it.

Got the check today. $$$
Case closed.
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[QUOTE=Piscator;894630]I wonder what the scrap price for that woud be? $20k?

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

We shoulda done the same thing
 

: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