First of all, in the diagram shown it does not appear that either boat has the capacity to make the mark without tacking.
True but the original poster thought he might have been able to pinch the mark which made the diagram inaccurate. We have also become a little sidetracked to more windward/leeward discussion
The windward boat may manage to pinch around the mark with luck... but judging by the angle, it's more than likely that neither boat will lay. (If these were lasers the angles would be more believable)
If this is the case, and if I were the leeward boat, the first thing that I would do is try to pinch the windward boat off. Because it is very likely that neither one of us would lay the windward mark, I'd hope that by forcing the windward boat to tack (to avoid backwinding/making contact) I would not only allow myself more clear air but also (more importantly) have created a hole in which I could make a doubletack and lay the mark as well.
The biggest tactical advantage to this approach is in controlling the situation. If both boats have to tack to lay the mark, then why not use my rights as the leeward boat to control when the windward boat makes their tack. Once they tack, I can too... in fact, if things work out really well, then I may even be able to position myself (on port tack) to windward and on their hip, and prevent them from tacking (because they cannot "tack too close") until I do (obviously, it isn't legal to take them past proper course)
As long as my maneuver (tacking to lay the mark, then tacking back) did not interefere in any way with the red boat/force them to alter course to avoid collision (once they're on starboard again), or even just alter course at all, then I would be in the clear.
Sound advice - would take some serious skills to get the tacking thing right on a cat and as somebody else as mentioned we are assuming there is no other traffic to contend with - others laying the mark on starboard would complicate things no end!
The point is: there are many approaches that can be taken, and as many rules can apply as the sailors involved want to argue about. It's probably more likely that the leeward boat would get rolled and have to eat shitty air before tacking to make the layline anyway.
The question posed was a very interesting one, and although, perhaps, my analysis (which I think makes sense given my knowledge of the rules, but may also appear questionable seeing as I have not directly quoted the rule book) may seem troublesome in a catamaran... it would work very well in dinghies.
Just to clarify... avoiding contact; It is just as illegal to negate the aversion of boat on boat contact as it is to be the fouling port tacker/windward barger... etc. etc.
Its been a long day but I think you are saying that hitting other boats is as bad as port not giving way to starboard and this is essentially true. The "but" is that as per rule 14.b, the right of way boat (or that entitled to room) shall not be penalized under that rule if there is no damage.
Cheers,
Tiger Mike
