Billy you're right and since I spent 6 years at sea as a 3rd Mate I thought I'd share the actual rules. When approaching another boat, vessel or sailor, the starboard tack holds course (right arm forward for kiters) and doesn't make any direction changes except to windward to avoid cross the port tack sailor. The USCG rules apply. They always suggest "as practicable" and the rule specifies "Port to Port passing" so for kiters the starboard sailor holds direction and the port tack does not cross to windward. Of course if you have tons of room it's a moot point. I also believe that kiters leaving the beach have right of way and the direction of tack is irrelevant.
Here's a link to the USCG rules if your interested.
http://navcen.uscg.gov/?pageName=navRulesContent#rule2
I think we fall under rules in Sub Part II. Here's what the rule says on passing...
Rule 12 - Sailing Vessels Return to the top of the page
(a) When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:
(i) when each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;
(ii) when both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward;
(iii) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.
(b) For the purposes of this Rule the windward side shall be deemed to be the side opposite that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.
