In the COLREGS kayaks, SUPs and other non-motorized craft and specifically recognized as “Vessels” and are granted no specific exceptions as far as following the rules for the give-way and stand on-vessel.
3. What “vessels” are required to comply with the Navigation Rules? In Rule 3 the word vessel includes every description of watercraft, including non-displacement craft, WIG craft, and seaplanes, used or capable of being used as a means of transportation on water.
The only exception made for kayaks and non-motorized vessels are in regard to lights.
13. Where do Kayaks and Canoes fit into the Navigation Rules? Kayaks and Canoes are a vessel under oars and are addressed specifically in Rule 25 (lights)
Although a vessel under oars may be lit as a sailing vessel, one should not infer that they are considered to be a sailing vessel for other Rules (i.e. Rule 9, 10, 12, 18 or 35). Ultimately, the issue of whether a vessel under oars is the give way or stand-on vessel would fall to what would be required by the ordinary practice of seamen, or by the special circumstances of the case (Rule 2), and, the notion that they are less able than most other vessels.
In a general sense, a kayak has the same rights and obligations as a motorized dinghy, cabin cruiser, or oil tanker. However, there are many exceptions. A boat under sail, a large commercial vessel, a boat restricted to a channel, a boat trawling or engaged in fishing, a large boat maneuvering in a crowded marina, etc. are all considered to be restricted in maneuverability and would have the right of way in most circumstances. There are many such exceptions. In many cases a kayak, which is highly maneuverable and can go in very shallow water must give way to other larger craft.
The COLREGS or NAVRULES instituted by the Department of the Interior and enforced by the USCG are very complex, coming in at 226 pages, but nowhere will you find a section that makes a kayak the stand-on vessel when compared to a motorized vessel as a general rule. Just the opposite in fact, in spite of what some people think.
The actual idea of "right of way’ is not found in the COLREGS, and in fact is discouraged. The overarching concept is that every mariner must do everything in their power to avoid a collision or accident. Most court findings for marine incidents end up apportioning liability rather than finding one side entirely at fault.