RedactedNarrative: Operator of v1 describes launching the vessel at approximately 1030 hours on 1-12-19, to fish Topaz Lake. Operator1 stated that they had 3 men and 3 fishing poles and 2 tackle boxes on board, which is under the 5 person capacity, and although we cannot recreate exact weights of everything onboard, we believe they were under the 775 pound weight capacity, when the vessel started sinking from the back, approximately 1 hour after launch. 
  
  Occupant1 fell into the water.  Operator1 and Occupant2 jumped off of the vessel and all 3 attempted to swim to shore, approximately 150 yards away.  Witnesses and Operator1 describe the vessel then capsized. Operator1 knew he couldn’tt make it to shore so he returned to the swamped vessel and held on to the vessel until rescue arrived. Operator1 described watching one of the other two occupants, Occupant1 "go under." Operator1 said he saw Occupant2 jump into the lake and swim with all he had to make it to shore. None of the three occupants were equipped with PFD''s, nor did the vessel contain any on board.  
  
  The pedal boat vessel shows an approximately 34.5 inch tear in plastic on the port side of the vessel, where the gunwale meets the hull, beginning 40.5 inches from the bow of the vessel, continuing to 75 inches from the bow of the vessel.  There was a bead of silicone along the tear.  It appears the silicone "failed" to hold the seam, but we cannot say at what point the seam failed, but it played a role in this boat accident. The cold water, cold air, weight of the passengers and the age of the silicone could have attributed to the seam failure. The vessel took on water and swamped.  The operator and passengers were not prepared for cold water immersion.  There were no PFD''s on board.  Because of the failure in the hull, the boat swamped and capsized and all passengers ended up in the water, resulting in 2 of them attempting to swim to shore and drowning and 1 realizing he wouldn’t make it to shore and turning back to the swamped boat.  
  
  Owner, Operator1''s girlfriend, bought the pedal boat approximately 5 years ago at a yard sale.  She did not know about the silicone "fix."  The vessel has been used since that time, on the water, with no failures.  Operator1 did see the silicone, but did not think anything about it.
  
  Occupant2 was recovered by Washoe County Search and Rescue approximately 20 yards from shore on 1-12-19.  Occupant1 was recovered on 1-13-19 by Washoe County Search and Rescue approximately 150 yards from shore, virtually drowning soon after entering the water. Operator was taken to Cason Valley Medical Center in Gardnerville, NV for hypothermia, after spending approximately 30 minutes partially submerged in the 41 degree water.
  