According to statements made by the operator, he was headed home when he observed bouys for a fisherman's net in front of him.  With the water being rough and the reflection of the sun off the water, he could not locate the other bouys to tell which way the net was running.  Before he could locate the other bouys, the prop of his motor got caught up in the float line of the net.  The section of the float line that was caught up in his prop was approximately 10 feet away from the anchor of the fishing net.  With the boat stopped, the stern of the boat was being held down by the weight of the anchor of the fishing net.  He then tried to cut the net away from the prop.  With the water being rough, and the stern of the boat being held down, the waves began to come into the boat.  The boat then began to fill up with water, so the operator and passenger then went to the bow of the boat to try to even the weight out.  The boat continued to take on water.  The boat then filled up with water to the gunwales and began to sink.  According to the operator, there were type iii pfds in the bow of the boat.  Both himself and the passenger had a type iv pfd in hand since that's all they had time to get a hold of.  When the boat sank they then waded to shore.  When they made it to shore they then called for ems and ems transported both operator and passenger to albemarle hospital in elizabeth city where they were both treated for hypothermia.  The use of alcohol and/or drugs was not believed to be a contributing factor in the accident.  The floatline caught in the prop, and the weight of the anchor of the fishing net along with the rough waters caused the stern to take on water and caused the vessel to sink.  No charges were filed in this accident.

**************************************************
Pfds were used by the operator and passenger.

Please note:  even though this accident was the result of entanglement with another fisherman's net, this vessel was not involved in commercial activity.  This was a recreational boating accident not a commercial one.

MOYOCK                        