So it is the activists responsibility to get out of the way.
I don't know who rammed who, and I don't want to make a judgement call on it based on just some videos... but by what you just said, the greenies are at fault for the entire situation to begin with for getting too close to an un-maneuverable ship in open waters.
Well it's not quite that simple. Here is a cut and paste:
The term “vessel restricted in her ability to manoeuvre” means a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and is therefore unable to keep out of the way of another vessel. The term “vessels restricted in their ability to manoeuvre” shall include:
(i) a vessel engaged in laying, servicing or picking up a navigation mark, submarine cable or pipeline;
(ii) a vessel engaged in dredging, surveying or underwater operations;
(iii) a vessel engaged in replenishment or transferring persons, provisions or cargo while underway;
(iv) a vessel engaged in the launching or recovery of aircraft;
(v) a vessel engaged in mine clearance operations;
(vi) a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course.
The whaling vessel isn't considered as restricted in this case. Clearly with the hard turn to starboard to ram the batboat, she has fair manoeuvre capablity. The whaling ship is even smaller than a destroyer, and those turn on a dime.
Whaling vessel at fault.