No, because in that case the powerboat is supposed to give way to the sailboat. I'm not totally sure what the FAA's position is but the CAA's is along the lines of drones are supposed to give way to manned aircraft. i.e. in the UK it's a criminal offence if a drone endangers the safety of an aircraft. You could probably argue in court that if the pilot felt he had to take avoiding action then the aircraft's safety was endangered, i.e. you don't have to have the two colliding for an offence to be committed.