[QUOTE=Kennebec Captain;118256]Unlit is one thing, the other is was it charted?[/QUOTE]
Good point. I recently went thru a situation like this with a vessel hitting a submerged object that was not marked with the correct buoy. While the case is still pending the big argument is that it was still on the navigation chart for that area. So, the buoy may not have been the correct one and arguments are being made that the buoy was not close enough either. But its hard to argue with an object that has been on a navigation chart for the last 7-8 years.
Hopefully this situation gets sorted out but if its on the chart you have been advised something is there.