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Old 07-28-2014, 09:08 AM   #64
NH_boater
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This is a good question. I think it would be very difficult to prove most circumstances where a specific wake caused damage to another boat.

I was fishing in a kayak in Alton Bay one morning where a 35' Baja Outlaw came into to dock in his slip. He swung by at the perfect speed and the perfect arc to produce a 4' wave coming straight at me. I am pretty sure he was outside the 150' safe passage distance so he was not violating any law that I know. I have a sit-on-top and was able to spin my kayal for a bow first entry. My gear (3 poles, tackle boxes, fish finder, VHF, Phone, anchor, lights, etc.) are all waterproofed and secured fast so other than a good soaking from the neck down, no harm nor damage. I needed to execute a good brace to keep upright as the kayak pitched when the wave hit. The shape, speed and size of the wave ensured I went through it, not over it. (I actually enjoyed the experience as I now better understand what kind of a wave I can recover from without capsizing.)

I sometimes wonder if it was an elderly couple in a canoe, or if my gear was not lashed down, what recourse would be possible. A witness could easily identify the boat, now sitting a half mile away in their slip, and could identify a huge wake clearly from their boat. It was otherwise calm and quiet. Proving this one would seem much, much easier than most. I am sure most incidents are much more difficult to prove.
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