Based on evidence and information gathered to date, Operator was operating his vessel to get offshore.  Operator instructed the two passengers to stand behind the helm holding onto the rocket launchers.  The passenger did not position herself in the ordered manner and was ejected from the vessel when it took a large wave over the bow.  Operator made three attempts to rescue Passenger and on the third attempt the vessel was struck by a large wave on the starboard side.  The vessel made an immediate port turn leaving the stern facing the break and disabling the engines.  At this point, Operator and Passenger2 put out a distress call over VHF radio and exited the sinking vessel from the port side.  The primary contributing factor of the boating accident was hazardous water conditions.

Vessel Description:  Vessel 1; (V1) V1 Registration#:  FL 4759 HW, Year: 1989, Make: Saltshaker, Length: 30', Hull Material: Fiberglass, Color: Blue, Motors: 450hp, HIN# RFR280127889.
Pre Accident: On May 05, 2013, at approximately 1230 hours, a Mayday distress call came over the VHF Radio regarding a vessel is distress taking on water and preparing to capsize.
Accident: Through investigation and sworn written statements, V1 occupied X's 3 was heading offshore from Jupiter inlet.  V1 was heading in a south-east direction approximately ¼ mile south of Jupiter Inlet.  While V1 began to clear the 1st break, the operator  instructed the two passengers to stand directly behind him, holding onto the rocket launchers.  Passenger did not position herself as instructed and stood on the port side between the helm and the gunwale.  V1 was hit by a "large steep wave" and took a lot of "blue water" over the bow.  Operator said the surge of water totally covered the boat causing Passenger to be ejected from the vessel.  Operator immediately headed eastward to empty the water from the vessel.  Once V1 cleared the water from the hull, they made another attempt to pull Passenger from the water.  Passenger missed the line and type IV throwable PFD.  While the attempted rescue was in progress, V1 took another wave over the bow with considerable water intake.  V1 headed back out in an east direction to empty the water from the hull before attempting to try another rescue.  V1 headed back in the break to retrieve Passenger and this time V1 was on a slight angle.  A wave broke and pushed V1 hard to port, filling the boat from the stern and disabling the engines.  At this time, Operator knew the vessel was going down and had time to get a distress call out over VHF radio.  Operator and Passenger2 exited the vessel from the port with their life vest on.  Shortly after the occupants exited, the vessel capsized.
Post Accident: I, Officer of the Florida Fish and Wildlife Conservation Commission arrived on scene at 1231 hours and observed Palm Beach County Ocean Rescue retrieving three subjects from the water with a capsized vessel nearby.   Once PBC Ocean Rescue had secured the subjects and Sea Tow attained the vessel, I responded to Dubois Park to gather appropriate information for the investigation.  PBC Fire Rescue was on scene at Dubois Park.  Passenger2 and Passenger were both transported to Jupiter Medical Center for non life threatening injuries.  Operator did not require medical attention.  I, Officer responded to Jupiter Medical Center to issue sworn written statements and interview the subjects.  
Conclusion:  The vessel accident consisted of two subjects with injuries beyond first aid.  As of 05/13/2013 Passenger2 suffered from a lower back sprain.  Passenger sustained a laceration on the right elbow and a soft tissue injury to the right shoulder.  V1 is considered to be a total loss by the owner; estimated damages are approximately $75,000.00.  Based on evidence and information gathered to date, Operator was operating his vessel to get offshore.
JUPITER