Vessel #1 was at anchor approximately 20 yards above the buoys at the power dam with one anchor off the starboard bow and another anchor off of the port stern.  The three persons aboard had been fishing for 4-5 hours when the Operator observed that there was water in the vessel.  He asked Occupant #1 to make sure the bilge pump was working and Occupant #1 confirmed that it was.  At this point the Operator stood up in response to a bite on his fishing line; as he did so, the transom of Vessel #1 went under water and Vessel #1 flipped backwards and upside-down.  The two Occupants ended up under Vessel #1, but were able to get back out.  Occupant #1 directed Occupant #2 to hang on to Vessel #1 and was able to get her to don a life jacket.  Occupant #1 then located the Operator and, after the Operator verbally confirmed that he was all right, the Operator than spit up some water and went unconscious.  Occupant #1 then tied the Operator to Vessel #1 with a line and swam to shore for assistance; he was able to wave down a vehicle to call 911.  The capacity plate on Vessel #1 for persons was 500 pounds; the actual weight of the persons on board Vessel #1 at the time of the incident was 746 pounds.
Defiance                      