Well, I guess you didn't read my whole post. Probably about 3/4 of the way down, I agreed with you that the stand on status was not because of the fishing status of the vessel in the cases that I cited. It was for another reason that I listed. Lets cross that one off the list.OK, I'll try this one more time.
Recreational fishing status gives that vessel zero priorities on the water. It is not open to interpretation, assumptions or any other questions. If you don't believe me call the coast guard.
A downrigger is operated from the stern quarter of a vessel; it just won't work anywhere else. If you'd ever fished with one you would know this. Downrigger fishing is very slow, as I mentioned. If a boat has two (or more) downriggers working it may not be able to turn radically, but it can stop at any time, or just pull up the riggers; many are electric and come up with the flick of a switch, automatically fairly quickly. Furthermore, as downriggers are down there, one would not often fish with them in skinny or congested waters, so most likely any encounter would happen in deeper, open water where the recreational fishing vessel would still be the burdened vessel.
I have operated sportfishing vessels in SE Alaska, Tutukaka, NZ, SF Bay area and offshore, Cairns, Australia and Florida, both coasts and the Keys, just to name a few of the places, professionally. It would be pretty damn irresponsible for me to be operating any of these vessels, especially with passengers aboard, without knowing the legalities of the job. Ignorance is no excuse in the eyes of the law.
I have had only one profession over the last 5 decades and am not a retired stockbroker or lawyer who decided to become a Caribbean charter boat skipper later in life. I'm not guessing or supposing when I say that recreational fishing vessels have no more priority on the water than any other comparable motor vessel; that is how it is.
That's it. I have no more to say and I'm tired of repeating myself.
You may find it surprising that I actually do know how to use a downrigger. I have one hanging off of one of my boats right now. Two ways that I have seen them rigged, that are not the standard configuration, are as follows - I have seen one rigged off of a pilot house & I have seen 4 rigged off of a single boat, with 2 in the stern corners & 2 at midship. The midship riggers were run deeper & with heavier weights to cover a greater section of the column.
Thank you for the insight that you provided.
Sorry to have tired your fingers with so much repetitive typing.
Have a good night,
Jim