The operator of a boat that capsized in New York Harbor, killing a mother and her five-month-old daughter, is facing criminal charges as authorities investigate whether the vessel was being used as an illegal charter, the U.S. Coast Guard said Sunday.

The 22-foot Bayliner speedboat overturned at about 10:25 p.m. Saturday near Liberty Island, where the Statue of Liberty is located, according to the Coast Guard.

According to the Coast Guard, NYPD divers, New York Fire Department first responders, two Coast Guard vessels and an NYPD helicopter responded to a report of “persons on board going into the water.”

Twelve people were rescued from the water before police arrived. Police divers later found the 27-year-old woman and her infant daughter in the water. Both were taken to NYU Langone Brooklyn, where they were pronounced dead. The remaining passengers were in stable condition, the Coast Guard said.

“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 Coast Guard Sector New York. “We are extremely grateful for the heroic, swift actions of our partner agencies and Good Samaritan vessel who assisted in rescuing survivors from the water."

Manuel Hernandez, 46, of New York, has been charged with 13 counts of reckless endangerment, police said. Hernandez was arrested by the NYPD at around 2:30 a.m. Sunday, roughly four hours after his boat capsized. No phone number for him could be found Sunday, and the case has not yet been entered into online court records.

An illegal charter is a passenger-for-hire vessel operating without the required U.S. Coast Guard credentials, safety equipment or certificate of inspection. Such vessels may not meet the safety standards required of legal charter operations, potentially putting paying passengers at greater risk.

The victims' identities have not been released pending notification of family, police said Sunday.

The Coast Guard, along with its investigative service and the NYPD, is actively investigating the circumstances and cause of the fatal vessel capsizing.