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Originally Posted by Gavia immer
The captain is required to maintain a proper watch regardless. He also may not display lighting that interferes with his capacity for night operations and keeping a proper watch.
While one or both kayaks violated visibility regulations, the captain is responsible that a proper watch is kept and responsible for the safety of his passengers and crew. Unlighted kayak, raft, island, shoal or cruiser, conditions that night were ideal for the captain to avoid a collision. A captain cannot pick and choose what he may collide with.
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I pretty much agree with you
but, and it's a big but (
) when you're out at night w/o a light I really can't blame the power boat. That far out from shore I'd be expecting any non-fixed hazards to do their part by having some lighting. I'm not sure where the collision occured but the Moon might not have been illuminating that spot at that time. I believe it set about 3:30 that AM. Maybe more info from Sue will follow.