Are your Scouts using nonmotorized means, i.e. paddling, rowing, surfing, or SAILING (emphasis) on a trip on the water of at least four hours or 5 miles?
If yes, it counts.
The sailing adventure in question is staying in the sailboat out on the water at night, so I don't think that really counts towards 9a. I wasn't sure about 9b because that seems to be about canoeing or kayaking as opposed to sailing.
I would advise you to chase this as a program improvement point and not a punitive point. Raising it such as "I am concerned that without proper messaging and clarity the camping variance from the council event that our CC utilized might be viewed as allowed outside an NCAP environment. We don't want to normalize the view that we can just camp with who we want when we want. I want to make sure that in order to follow Safeguarding and the GTSS we understand that unit level camping outside of an NCAP regulated event doesn't allow this." versus "CC did this and I don't think we should allow it. What are we going to do to prevent this from happening again?"