Accident Date & Time - 05/17/2013 at about 07:45 pm. 
Vessel - 1975, 13'11" Fiberglass Livingston Runabout powered by a 15 HP Mercury Outboard Motor 

Passenger/injured reported that she and the owner/operator had met at the Everett boat launch on 5/17/2013, at about 6:40 pm, in preparation for a trip to Hat Island.  Operator loaded building supplies into the Livingston.  Passenger listed the building supplies as between 6 and 10 sheets of Wonderboard (a cement based backer board for tile weighing 40 lbs. per board according to Lowes Home Store) and 4 bags of grout (50 lbs. per bag according to Lowes).  They also loaded a 2-day supply of food and clothing plus some beer and a fifth of vodka.  Passenger said that prior to leaving the boat launch area Operator said he had never seen his boat ride that low in the water before. 

Passenger reported that she and Operator left the boat launch area in the Livingston at about 7:15 pm and motored down the river and past the navy base then turned towards Hats Island.  She stated that Operator became concerned about the balance of the boat and moved around to where he was standing in front of the steering console and driving with his back towards the front of the boat.  He then moved the 4 bags of grout up to the bow of the boat and continued driving while standing in front of the console.  Passenger said that the boat was not able to move very fast because of the weight of the boat. 

Passenger reported that at about 7:45 pm the boat took a wave over the stern and then a couple of waves over the bow and the boat capsized.  She and Operator both ended up in the water but climbed onto the upside down boat in order to get out of the water.  They stayed on the hull of the boat for about 45 minutes.   

At about 8:30 pm the sun was starting to set and Passenger said that she made the decision to start swimming towards the tower with the white light.  She got into the water and started swimming and Operator entered the water right behind her.  She said that the current pushed them past the tower and they could not swim fast enough to beat the current. 

Passenger said that after dark she got separated from Operator and didn't know where the boat was.  She started screaming for help and clinging to her life jacket which she had around her neck but did not have the strap attached that goes behind her neck.  She said she does not remember being pulled out of the water by those aboard the rescue boat.  She was transported to Providence Hospital Colby Campus suffering from hypothermia and exposure. 

At about 4:15 am, a Sector Puget Sound helicopter spotted the victim (Operator) and vessel on the beach in position 48.03N/122.16W.  They were not able to get close enough to the victim because of shallow water.  Tulalip fire personnel were able to reach the victim (Operator) and determined he was deceased.  Fire personnel and Tulalip Fisheries personnel recovered the victim and brought him to their dock area in Tulalip Bay.   

The toxicology report is pending but it is believed that the cause of death had been ruled as a saltwater drowning complicated by hypothermia. 

1 Injury / 1 Fatality 
Alcohol Involvement is unknown - Pending toxicology report. 
Damages estimated at $500. 
PFDs were worn by both parties involved. 
The operator did not have a mandatory Boater Education Card. 
There were no Rules of the Road Violations.
Everett