I Officer with the Florida Fish and Wildlife Conservation Commission was leaving my residence for duty and received a call from dispatch about a boating accident. The accident occurred in a pond located on Klondike Rd. The call was originally received by the Jackson County Sheriff's Office. There were deputies and emergency medical units already on scene. The authorities on scene could not access the victim without a vessel. They advised that there was one person in the water and believed to be trapped in the air pocket under the vessel.  I returned to my residence, hooked up to my vessel and traveled to the scene. It was very cold this morning and the air temperature was 35-37 degrees at the time the call was received
  When I arrived, there were emergency units everywhere. The deputies had cut a hole in the fence to the property so a vessel could be launched. I backed my vehicle to the water's edge and got in my vessel. I had a deputy back the boat into the water. The water was so shallow at the edge the vessel would not come off the trailer without backing my vehicle all the way in the pond. I had two EMT's board my vessel and help push the vessel off the trailer after backing as far as possible.  I could see a small vessel capsized with a small portion of the right gunwale sticking out of the water. We went to it and as we pulled near, I could see the victim. He was on his back with just his face out of the water. His body was completely submerged and entangled in Lilly pads. He had heavy camouflage clothing on. His arm was hooked around a gunwale support. His lips were blue and his eyes were wandering and not tracking equally. He appeared in shock and showing signs of hypothermia. His hands were drawn in and clenched into tight fists. I  grabbed his arm and with the help of EMT's pulled him on to the bow of my vessel. We immediately traveled to the shore and relayed him to waiting medical units. He was then transported to the Jackson Hospital Emergency Room and treated for moderate-severe hypothermia. 
  Officer arrived at the scene and accompanied me to the emergency room for interviews. The victim was being treated but was able to speak when we arrived. He gave me the following summary:
 
  The victim went to Williams Pond duck hunting. Williams Pond is a cattle pasture that has a water retention area and filled with previous wet weather. They arrived prior to daylight. subject set up in position to hunt from land at waters edge. operator launched a plastic, one man kayak style vessel. The vessel did not have a motor attached and was propelled manually. He paddled out approximately 200 yards to a small island of brush and Lilly pads. operator made the following statement:
 - I borrowed this boat.  - This was the first time I used it. It was very unstable.  - I turned to shoot at two ducks over my shoulder and the back of the boat dipped in to the water.  - It flipped over with me. 
 - It took me a few minutes to get my boots off because they filled with water.  - It also took me about ten minutes to get my heavy jacket unzipped and off.  - My gun went to the bottom. It was my son's shotgun.
 - I couldn't move hardly and could not touch bottom.  - At that point I just held on.

  I spoke with (witness) at the emergency room. witness told me the following:
 - I heard him shoot and honestly, I thought he shot himself. 
 - I looked and realized that he had flipped the boat.
 - I was panicking and tried to go in after him. 
 - I got a few steps out and sunk down in the mud.
 - I realized that was not going to work and dialed 911. 
 - I just kept yelling to him and keeping him talking.

  An inspection of the scene and vessel revealed that there was no required safety gear in or around the vessel. operator advised me that he had forgotten to bring any safety gear with him the morning of the accident. He was not wearing a PFD when t
MALONE