In my experience, during daylight and especially good weather, your scope is likely to be spotted if you are close to an enemy ship. The higher out the water your scope is then the more likely it is to get seen and fired on.
At night, provided you don't alert the enemy escorts by making too much noise, or attacking something, you can sail around with your scope up and you should be okay.
However, once you have launched an attack and the enemy knows roughly where you are then they will play their searchlights around you and if your scope is spotted, shot at again. Even in rough weather at night with the waves breaking over your scope, it's still visible if they lock their searchlights onto your position.
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