You aren't kidding...found this video of the same class of destroyer doing a 180 degree turn. Surprisingly nimble. https://www.youtube.com/watch?v=5Vih4tGmqjs
ColRegs Rule 5
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
[1] https://www.navcen.uscg.gov/pdf/navrules/navrules.pdfI'm wondering why they would be that confident.
AIS transponders are required on merchant ships above a certain length. Like with all technology, this can make people complacent and rely on it too much. As others mentioned, in this case the destroyer probably switched their AIS transponder off (but should still be able to receive).
Even then, the navy ship would still appear on the radar screen (not to mention its navigation lights), but radar is much more noisy since it can be affected by the environment (e.g. rainy squalls or waves).
The above is based on my experience as a sailor.
[1] https://en.wikipedia.org/wiki/Automatic_identification_syste...
Air-conditioned bridge, slowly rolling waves, practically nothing to see or do... If they're on a typical watch pattern, 0230 means they got out of bed an hour ago and had just settled into the watch routine.
Pretty easy to drift off.
However, yes, even if BNWAS were operational the watch could doze off for long enough to miss the fact that they were being passed, but not by enough, by a smaller faster vessel with no lights and AIS turned off.
The USS Fitzgerald is 153m and crewed by 200. It is extremely maneuverable and is professionally navigated. While its AIS transponder was most likely turned off for security reasons, it has radar and an AIS receiver and deck watches.