RedactedNarrative: On May 16 2016, I was advised by Officer1 of Delaware Division of Fish and Wildlife Natural Resource Police, of a boating accident that occurred on May 9, 2016 @ 1130 hours, approximately 4 miles east of Cedar Creek in the Delaware Bay. On May 17, 2016 I contacted Owner1 of Camden, DE who was the owner operator of said vessel and met him at his residence for an interview. Owner1 stated he went underway @ approximately 1015 from Cedar Creek boat ramp and was fishing approximately 1 mile from Cedar Creek at approximately 1100, sea conditions were good.  Owner1 and his Sister, Passenger1, decided to move further east in attempt to fish another spot. Owner1 stated as he was getting his fishing rods ready when the wind and waves increased causing him to take a wave over the stern of said vessel.  Owner1 advised his sister to place her life jacket on due to the amount of water in the boat and his concern for capsizing.  Owner1 stated at this point they had another wave come over the stern causing the vessel’s stern to go completely under water and he and his sister were ejected from the vessel. Both individuals were unable to put their lifejackets on properly but were able to hang on to them as they entered the water.   Owner1 was able to access his personal cell phone and place a 911 call at approximately 1128.  Owner1 and Passenger1 were rescued by a passing commercial waterman and Delaware Bay Launch vessel.  Owner1 and Passenger1 were transported to Cedar Creek boat ramp where emergency personnel were standing by.  Both subjects were transported to Milford Memorial Hospital and treated and released for minor abrasions on arms, bruised ribs and exposure to the cold.  
  
  During my investigation I discovered Owner1 had placed an outboard engine on the vessel that exceeded the manufacture spec rating of 2 horse power.  Owner1 stated he was aware of the maximum horse power rating on the manufacturer spec plate however, he had placed a 9.8 HP Nissan outboard on the vessel because of the electric start option.  I advised Owner1 it was unlawful to operate or place equipment on his vessel that did not fall within the ratings of the Manufacture Specs.  I issued Owner1 a citation for negligent operation, no further investigation required.