RedactedNarrative: On Friday March 23, 2018 at 2145 hours, I, Florida Fish and Wildlife Conservation Commission (FWC) Officer was on State Water Patrol in the area Southwest of Bear Cut Bridge when I was dispatched to a report of a capsized vessel with multiple persons in the water. The reported location was in the Intracoastal Waterway (ICW) at ICW channel marker "61".
  I ascertained that the 3 male occupants rescued by TowBoat US were uninjured and not in need of any medical evaluation. One female occupant was clearly in shock and had visible injuries to her upper leg/thigh area (determined to be minor lacerations, abrasions, and contusions). She refused any further EMS medical treatment or evaluation and requested to remain together with the rest of her party.
  Operator stated that he had launched his vessel at Dinner Key Marina at approximately 2045 hours. He, and the other passengers listed above got underway and headed North toward the Miami River to "go eat around the Miami River and go sight-seeing". He stated that he was operating the vessel, they were "driving in the bay around downtown and Brickell taking pictures and seeing all the buildings". he noticed they were far from the channel (referring to the ICW channel running alongside the eastern seawall of Brickell Key) and turned the boat "right toward the channel and accelerated the boat to around 1/4 (one quarter) of throttle. He noticed he was 10-15 feet from hitting a pole (referring to ICW channel marker "61"), and "turned the boat left (to port) as hard as I could. Next thing I noticed we were in the water." 
  Using the physical evidence of damages to the vessel and to the ICW channel marker "61", along with the Sworn Written Statements of all the occupants involved in the boating accident, it can be concluded that the vessel was traveling in a northbound course within or parallel to in close proximity to the ICW along Brickell Key. Operator was operating the vessel at a speed characterized as "vessel on plane" at approximately 20 miles per hour. Operator approached a fixed object (ICW channel marker "61"), which entered his field of view suddenly. Operator attempted to steer the vessel to avoid collision, however his efforts to avoid the ICW channel marker "61" were insufficient, and resulted in the starboard aft side of the vessel to strike the fixed object. At collision, all 4 occupants of the vessel were ejected in a north by north west vector. The collision caused the vessel damage described as deep through - hull gauges, which ultimately caused the vessel to begin taking on water. Once the vessel was flooded with seawater and lost its displacement characteristics of flotation, the vessel capsized and was maintained afloat by air trapped in the bow of the overturned vessel.
  This section of the ICW where the boating accident occurred is categorized as a "Slow Speed Minimum Wake Manatee Zone", which is best described as a vessel shall be settled in the water, making way while creating a minimum vessel wake. 
  Based on the time of the incident, with limited night visibility and shoreline light pollution created by the building and city lights, Operator failed to maintain a proper look-out (as defined by United States Coast Guard Navigation Rules & Regulations Inland 33 Code of Federal Regulation (CFR) 83 Rule 5 Look-Out 83.05). Additionally, by operating at speed in excess of safe operation given the location and lighting conditions (as defined by United States Coast Guard Navigation Rules & Regulations Inland 33 CFR 83 Rule 6 Safe Speed 83.06), Operator was operating a vessel in a careless manner.
  Operator also failed to meet the Florida requirement to possess a Boater ID card, obtained after successfully passing a boating safety education course.
  
  