On Friday, 30 June 2023, at approximately 1430 CST, I was notified of a two-vessel accident that had occurred in the Intercoastal Waterway of the Upper Laguna Madre on North Padre Island in Corpus Christi, Nueces County, Texas. Other game wardens were already enroute at the time I was notified of the incident. The involved parties and vessels were transported to Marker 37 Marina. I arrived at that location at approximately 1510 CST, which was roughly one hour after the accident had occurred. Although I was the last game warden to arrive, I took lead on the investigation. Once on scene, I made contact with employees of Nauticool Adventures, which is the rental company that owned the personal watercraft (PWC aka jetski) that was found to be at fault in causing the accident. 

The individual operating that PWC (later identified) had been transported to Bay Area hospital due to injuries he had sustained. Also onboard that PWC was an eleven (11) year old male minor child who had been transported to Driscoll Children's Hospital with significant injuries to his left arm. The PWC bearing the registration number, was properly registered with Texas Parks and Wildlife Department.

The other vessel involved was properly registered with Texas Parks and Wildlife Department. Onboard that vessel were the following individuals: O2 who owns the vessel; passengers 1, 2, 3. Prior to the accident occurring, this vessel had run out of gas. The owner  was at the helm, while 1 was sitting on the bow and operating the vessel via its trolling motor. Approximately nine (9) hours after the accident occurred, O1 had soreness in his left arm and sought out medical care resulting in the diagnosis of a broken left wrist as well as a concussion.

There were two witnesses to the accident. Based on information they provided on the day of the accident, the PWC operator P2 was operating recklessly in the vicinity of the vessel that was struck. Both stated there was another (third) vessel in the area, whose wake may have been factor in turning the PWC toward the struck vessel. However, that vessel nor its occupants could be identified. The owner of Nauticool Adventures was able to pull tracking data from the PWC which indicated a speed of approximately 32 knots/36 miles per hour at the time of impact. This would indicate that the PWC operator was not aware of his proximity to the struck vessel and in violation of the ’50 Foot Rule’. Per Texas Parks & Wildlife Code Chapter 31, Section 106, it is unlawful for any person to “operate PWC within 50 feet of another PWC, motorboat, vessel, platform, person, object, or shore except at headway speed without creating a swell or wake.” Headway speed is defined as “a slow, idle speed, or speed only fast enough to maintain steerage.” The GPS data pulled from the PWC shows that the speed at time of impact was well above headway speed.

During the course of my investigation, I spoke with the owners and operators of both vessels involved in the accident. The information provided to me by those parties would indicate that O2 was the ‘at fault’ party. As such, he will be charged with two (2) Class C Misdemeanors and cited for the following offenses: ‘PWC jumping a wake recklessly or too close to another vessel’ and ‘PWC operated within 50 feet in excess of headway speed’, which are both violations of Texas Parks & Wildlife Code Chapter 31, Section 106. It was also found that the operator of the other vessel, O1, has not completed a Boater Education Course, which is a requirement for anyone operating a vessel and was born on or after 01 September 1993. As such, he will be charged with one (1) Class C Misdemeanor and cited for the following offense: ‘Violate Boater Education requirements’, a violation of Texas Parks & Wildlife Code Chapter 31, Section 109.

On the day of the accident, 30 June 2023, at approximately 1620 CST, O1 gave consent for and provided a sample of his blood. It will be sent to the Texas DPS Crime Lab for toxicology testing. Results are pending at this time.
7370 UPPER LAGUNA MADRE
CORPUS CHRISTI                