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Originally Posted by NightWing
The wayward swim raft normally wouldn't be occupied, would be close to shore and wouldn't be required by law to display proper lighting.
Regardless if the water was calm, traffic low, a full moon and clear visibility, the fact remains that a vessel was operating during the hours of darkness, between sunset and sunrise, without displaying proper lighting. The operator was at extreme risk of being killed.
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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.