No....you cannot.
Well, I suppose if you are able to...you can....but if you are sailing and you are not under engine power......you will be liable for any damages, etc.
You do not have right away over fishing boats that are fishing.....this does not include bass boats, etc.
Great discussion.....all points being made could lead to a completely new discussion in themselves......very cool.
However, unless we are in a court of law....we are measuring a brick with a micrometer....so to speak...
My 2 cents is this...
If you are 'making way" and your bow is pointing at ....say ....90 degrees mag compass (at the helm)...it can be said that you are on a "Heading" of 90 degrees magnetic.
If you are making ...say....1 knot in speed and the wind is blowing at 40 knots against your port side and it pushes you to starboard at ...say....3 knots....your "COURSE" would not be 90 degrees magnetic....regardless as to where the bow is pointing.
If a collision occurred, I suppose legally the Coast Guard would say that you hit the other vessel at a "course" of something other than 90 mag.
If you're a narrow channel following the bends in the channel....you are constantly changing your heading and course.
AND if you are a sailboat (sailing).......you don't always get the right of way over power boats.....
If you are in a sailboat and DO NOT have your engine running.......Some vessels have rights over you.
1.Any anchored vessel (not under command)...if you hit an anchored vessel....you are at fault.
2..vessels restricted in their ability to maneuver....say a pipe laying dredge.......
3.a vessel constrained by their draft....say a tanker....she can't get out of the way without going aground...
4. A fishing vessel that's fishing......not a bass boat or center console guide boat, etc
All these vessels have "stand on rights" over a sailboat if sailing with no engine.......
If your sailboat's engine is running and causing you to make way ...that's another matter....you are now a power boat and you have to yield to sailboats that have no engine power....
You cannot go out in the middle of a fishing fleet that have their nets out and do donuts with your sailboat......you can..... but if you foul their nets you, my friend, are liable....you do not have the right of way
1972 Collision Regulations....called "72 col regs"