In regards to the "engaged in fishing" side of the comment above, that is an attempt to refer to the boat that was hit as "engaged in fishing" by which it does not fit the definition. Engaged in fishing refers only to those who would be restricted in their ability to maneuver. A boat fishing with standard lines, and even trolling does not fit the definition as such and therefore has no special right of way.. If they were a Purse Seiner hauling nets, then it would qualify as a fishing vessel restricted in ability to maneuver. The boat that did the hitting was overtaking the boat that was fishing which unless anchored which I do not believe was the case, was in fact charged with the same duty to see and avoid collision. As in most cases the insurance companies will probably end up with a split of liability with the majority falling on the knucklehead on the yacht. Who according to the accounts i've read was handicapped, boarded in a wheel chair, unable to see where he was going, and distracted by a cell phone, and fairly elderly. Very lucky he didn't kill anyone, however in the statements he has given he seems not even remorseful and blaming the other boat....damn lucky no one was killed,..and certainly a statement for small boaters wearing some manner of life preserver at all times...