Re: You are NOT "FISHING"
As someone else noted, black cones would be flown during the day & at night, green touching white means fishing at night. I've never seen these type of signals on a 6 pack charter or recreational boat therefore, IMHO they are the give way vessel.
I believe in the past (not sure when it changed) smaller boats engaged in fishing were not required to display day shapes.
hunter Legend 37 Semper Paratus
Formerly - Tartan 34C Yawl