Aug. 9 (UPI) — A recreational boat capsized in New York Harbor, killing a 5-month-old baby and her mother, and the captain of the boat was arrested.

Antonella Garcia, 5 months, and her mother, Sara Sanchez, 27, of College Point, Queens, N.Y., died in the accident. Divers recovered them from the water. They were taken to NYU Langone Health Brooklyn in critical condition and were later pronounced dead.

The baby’s father, who is Sanchez’s boyfriend, was aboard the boat, sources told The New York Post.

The captain of the 2019 21-foot white Yamaha AR210 runabout, Manuel Hernandez, 46, was arrested and charged with 13 counts of reckless endangerment, the U.S. Coast Guard said in a statement Sunday. There were 14 people aboard the boat, which has a capacity of 10. It’s not clear whether the passengers were wearing life jackets.

Coast Guard investigators are working with New York police to find out if “the operation constitutes an illegal charter operation.”

“We are deeply saddened by the tragic loss of life last night, and our thoughts are with the victims’ family and loved ones during this incredibly difficult time,” said Captain Doreen McCarthy, commander of the Coast Guard Sector New York. “We are extremely grateful for the heroic, swift actions of our partner agencies and the Good Samaritan vessel that assisted in rescuing survivors from the water. We are working closely with CGIS and the NYPD to investigate this incident. We are committed to holding illegal operators accountable to the highest extent of the law to ensure the safety of everyone on our waterways.”

An illegal charter is any passenger-for-hire vessel operation that lacks required U.S. Coast Guard credentials, safety equipment and certificate of inspection.

The 911 call came in at about 10:25 p.m. EDT Saturday, and reported an overturned vessel near Liberty Island, in Upper New York Bay, The New York Times reported. The other 12 people were rescued from the water. They were taken to area hospitals and are reportedly in stable condition.

Liberty Island is the home of the Statue of Liberty, a popular tourist destination.