[Rev. 3/27/2014 8:25:29 PM]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R054-13, R055-13

[NAC-488 Revised Date: 7-13]

CHAPTER 488 - WATERCRAFT

GENERAL PROVISIONS

488.010              Definitions.

488.045              “Undocumented motorboat” interpreted.

488.050              Removal of personal information from list sold by Department.

NUMBERING AND REGISTRATION

488.100              Application for certificate of number or certificate of ownership.

488.105              Contents of certificate of number.

488.115              Certificates of number for motorboats used for hire.

488.120              Vessel for which marine documentation pending or issued by Coast Guard: Temporary operating permit; certificate of number and validation decal.

488.125              Certificates of number: Duplicates.

488.130              Certificates of number: Expiration date.

488.135              Renewal certificates of number.

488.140              Certificates of number: Invalidity and surrender.

488.145              Destroyed or abandoned motorboats.

488.150              Identification numbers: Contents.

488.155              Numbers issued to motorboats exempt from requirement of registration.

488.160              Identification number: Placement on vessel.

488.165              Removal of identification number and decals.

488.170              Dealer’s report of motorboat sale and temporary operating permit.

488.175              Temporary certificates of number and authorization numbers.

488.180              Validation decals.

488.185              Hull numbers; decals.

488.195              Manufacturers and dealers: Application for certificate of number and authority to issue report of sale; criteria for approval or denial of application.

488.200              Dealer in new boats: Evidence of franchise required.

488.205              Dealer’s certificates of number: Number of certificates allowed; renewal.

488.210              Motorboats used for demonstration or testing: Certificate of number; identification number.

488.215              Grounds for revocation of authority to serve as boat dealer for Department.

CERTIFICATES OF OWNERSHIP

488.300              Applications accepted without sale or purchase.

488.305              Proof of ownership; prerequisites to rebuild certain motorboats.

488.315              Contents of certificate of ownership.

488.320              Inspection of motorboat upon transfer or sale.

488.322              Transfer of certificate of ownership of vessel that is subject of lien for storage.

488.324              Transfer of certificate of ownership of vessel that is subject of lien for wages due, work performed or services rendered.

488.326              Certain transfers of ownership disallowed.

BOAT LIVERIES

488.350              Documentation for certain vessels; prohibited rentals; provision and review of information relating to operation of certain vessels.

EQUIPMENT AND OPERATION

488.400              Light required for manually propelled vessel.

488.405              Life preservers: Number and types required.

488.410              Life preservers: Condition; markings; size; requirements for inflation.

488.415              Fire extinguishers: Number and types required.

488.420              Motorboat engines: Ventilator ducts.

488.425              Motorboat engines: Flame arresters and similar devices.

488.430              Applicability of certain federal laws and regulations to waters within boundaries of this State.

488.435              Prima facie evidence of reckless or negligent operation.

488.440              Notice of death or disappearance of person.

488.445              Report concerning certain occurrences.

488.450              Waterskiing and similar activities.

488.455              Areas in which reduced speed required.

488.458              Mooring or anchoring of vessels; placement and removal of mooring buoys.

488.460              Restrictions on noise; fee for certain permits; mufflers; tests of noise levels.

488.465              Areas in which vessels prohibited.

488.467              Restrictions on use of vessels in wildlife management areas.

488.470              Areas limited to vessels without motors and vessels powered by electric motors; exceptions.

488.476              Activities prohibited within Laughlin boating and fishermen’s access area.

REGATTAS, RACES AND OTHER EVENTS

488.490              “Marine event” defined.

488.492              Approval of marine event: Restriction; agreement to reimburse Department.

488.495              Temporary placement of buoy for practice courses or marine events; fee; administrative fine.

488.500              Diagram of course for marine event; fee.

488.510              Spectators prohibited from area designated as closed in permit.

AQUATIC INVASIVE SPECIES

488.520              Duties of person required to decontaminate vessel or conveyance.

488.523              Fee.

488.525              Decals.

488.527              Exception.

DISPOSAL OF WASTE

488.530              Marine sanitation devices: Approval; barriers or methods of securing.

488.535              Prohibited discharges.

488.540              Violation of provisions.

EDUCATION IN SAFE BOATING

488.553              Definitions.

488.556              “Boat Nevada correspondence course and self test” defined.

488.559              “Boater education card” defined.

488.563              “Course in safe boating” defined.

488.566              “Proctor” defined.

488.569              “Proficiency examination” defined.

488.573              Issuance of boater education card to person who successfully completes Boat Nevada correspondence course or proficiency examination; methods of compliance; information on courses.

488.576              Issuance of boater education card to person who submits certain documentation.

488.579              Prerequisites to issuance of duplicate boater education card.

488.583              Instructor of course in safe boating: Prerequisites.

488.586              Provider of course in safe boating: Imposition of fee; submission of information regarding persons who successfully complete course.

 

 

GENERAL PROVISIONS

q1w2e3NAC 488.010  Definitions.

      NAC 488.010  Definitions. (NRS 488.045, 501.181)  As used in this chapter, unless the context otherwise requires:

     1.  “Commission” has the meaning ascribed to it in NRS 488.035.

     2.  “Demonstrating” or “demonstration” means to operate a motorboat on the waters of this State for the purpose of selling, transferring, bartering, trading, negotiating or attempting to negotiate the sale or exchange of any interest in a new or used motorboat, including the operation of the motorboat by a manufacturer for purposes of testing the motorboat. The term does not include the operation of a motorboat for personal purposes by a dealer or manufacturer or an employee of a dealer or manufacturer, or by the friends or the members of the families of those persons.

     3.  “Department” has the meaning ascribed to it in NRS 488.035.

     4.  “Flat wake” has the meaning ascribed to it in NRS 488.035.

     5.  “Identification number” means the number assigned by the Department to each motorboat registered in accordance with chapter 488 of NRS.

     6.  “Legal owner” has the meaning ascribed to it in NRS 488.035.

     7.  “Length” means the length of a vessel measured in a straight line from one end of the hull to the other, excluding the deck, bowsprits, bumpkins, rudders, outboard motor brackets and similar fittings or attachments.

     8.  “Motorboat” has the meaning ascribed to it in NRS 488.035.

     9.  “Operate” has the meaning ascribed to it in NRS 488.035.

     10.  “Owner” has the meaning ascribed to it in NRS 488.035.

     11.  “Personal watercraft” has the meaning ascribed to it in NRS 488.580.

     12.  “Registered owner” has the meaning ascribed to it in NRS 488.035.

     13.  “State of principal use” means the state on whose waters a vessel is used or to be used for most of the calendar year.

     14.  “Under way” has the meaning ascribed to it in NRS 488.035.

     15.  “Vessel” has the meaning ascribed to it in NRS 488.035.

     16.  “Waters of this State” has the meaning ascribed to it in NRS 488.035.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 1, eff. 2-10-82]—(NAC A 12-3-90; 12-16-92; 11-23-94; 3-13-97; R206-97, 6-19-98; R122-03, 1-20-2004)

q1w2e3NAC 488.045  “Undocumented motorboat” interpreted.

      NAC 488.045  “Undocumented motorboat” interpreted. (NRS 488.045, 488.065, 501.181)  For the purposes of NRS 488.065, the Department shall interpret the term “undocumented motorboat” to mean a vessel which does not have a marine document issued by the United States Coast Guard.

     (Added to NAC by Bd. of Wildlife Comm’rs by R020-08, eff. 6-17-2008)

q1w2e3NAC 488.050  Removal of personal information from list sold by Department.

      NAC 488.050  Removal of personal information from list sold by Department. (NRS 488.045, 501.181)  Upon the written request of a person who has obtained a certificate of number or a certificate of ownership, the Department shall remove the name and other personal information of the person from any list sold by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R122-03, eff. 1-20-2004)

NUMBERING AND REGISTRATION

q1w2e3NAC 488.100  Application for certificate of number or certificate of ownership.

      NAC 488.100  Application for certificate of number or certificate of ownership. (NRS 488.045, 488.075, 501.181)

     1.  Except as otherwise provided in subsection 2, each application for a certificate of number or certificate of ownership must contain:

     (a) The name, social security number, or tax identification number if the application is made under a business name, and address, including the zip code, of each owner;

     (b) The state of principal use;

     (c) The number previously issued for the motorboat, if any;

     (d) The reason for the application, including applying for a new number, renewal of number or transfer of ownership;

     (e) The manner in which the motorboat is used, including pleasure, livery, demonstration, commercial transportation, commercial fishing or other use;

     (f) The manufacturer of the motorboat;

     (g) The year the motorboat was manufactured;

     (h) The hull number assigned by:

          (1) The manufacturer; or

          (2) The Department pursuant to NAC 488.185, if the manufacturer did not assign a hull number;

     (i) The length of the motorboat;

     (j) The type of motorboat, including open, cabin, house, sail, inflatable, personal watercraft, rubber or other type of motorboat;

     (k) The material from which the hull was made, including wood, steel, aluminum, fiberglass, plastic, rubber or other material;

     (l) The type of propulsion used, including inboard, outboard, inboard-outdrive, electric, air thrust, jet, sail or sail with auxiliary motor;

     (m) The type of fuel used, including gasoline, diesel or other type of fuel; and

     (n) The signature of the owner.

     2.  An application for a certificate of number for a motorboat which is to be used by a manufacturer or dealer for demonstration need not include the information described in paragraphs (f) to (m), inclusive, of subsection 1.

     3.  The following documents, when presented with an application for a certificate of number or certificate of ownership as evidence of proof of ownership of a vessel, will be attached to the application and may be used as evidence of information requested in the application:

     (a) A title to the motorboat or vessel;

     (b) A manufacturer’s statement of origin;

     (c) A Statement of Fact submitted pursuant to subsection 2 of NAC 488.305;

     (d) A dealer’s report of motorboat sale;

     (e) A copy of a valid marine document issued by the United States Coast Guard for a documented vessel;

     (f) A certificate of inspection of the vessel completed by an employee of the Department;

     (g) Proof of payment of Nevada sales or use tax paid to the Department of Taxation or proof of exemption from those taxes as provided in NRS 372.320; and

     (h) Such other proof of ownership as may be requested by the Department.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 5, eff. 2-10-82]—(NAC A 3-21-96; R114-02, 1-21-2003; R122-03, 1-20-2004)

q1w2e3NAC 488.105  Contents of certificate of number.

      NAC 488.105  Contents of certificate of number. (NRS 488.045, 488.075, 501.181)

     1.  Except as otherwise provided in subsections 2 and 3, each certificate of number will contain:

     (a) The name and address of the owner, including the zip code;

     (b) The state of principal use;

     (c) The manner in which the motorboat is used, including pleasure, livery, demonstration, commercial transportation, commercial fishing or other use;

     (d) The manufacturer of the motorboat;

     (e) The year the motorboat was manufactured;

     (f) The hull number assigned by the manufacturer, if any;

     (g) The length of the motorboat;

     (h) The type of motorboat, including open, cabin, house, sail, inflatable, personal watercraft, rubber or other type of motorboat;

     (i) The material from which the hull was made, including wood, steel, aluminum, fiberglass, plastic, rubber or other material;

     (j) The type of propulsion used, including inboard, outboard, inboard-outdrive, electric, air thrust, jet, sail or sail with auxiliary motor;

     (k) The type of fuel used, including gasoline, diesel or other type of fuel;

     (l) The identification number assigned to the motorboat;

     (m) The expiration date of the certificate; and

     (n) The provisions of the Nevada Boat Act relating to the:

          (1) Change of ownership or address;

          (2) Documentation of a vessel by the United States Coast Guard;

          (3) Loss, destruction, abandonment, theft or recovery of a vessel;

          (4) Carriage of the certificate on board the motorboat;

          (5) Provision of aid in a boat accident; and

          (6) Requirement of reporting casualties and accidents.

     2.  A certificate issued for a livery boat will not include the type of propulsion and fuel used by the boat if it is to be rented without a motor.

     3.  A certificate issued for a motorboat which is to be used by a manufacturer or dealer for demonstration will not include the information described in paragraphs (d) to (k), inclusive, of subsection 1.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 6, eff. 2-10-82]—(NAC A by R114-02, 1-21-2003; R122-03, 1-20-2004)

q1w2e3NAC 488.115  Certificates of number for motorboats used for hire.

      NAC 488.115  Certificates of number for motorboats used for hire. (NRS 488.045, 488.075, 501.181)

     1.  The certificate of number issued for a motorboat which is to be used for hire will be plainly marked “livery boat.”

     2.  As used in this section, “motorboat which is to be used for hire” includes, without limitation, vessels that are owned by businesses which rent or lease vessels for consideration according to a contract of membership which affords vessels for use by its members.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 7, eff. 2-10-82]—(NAC A by R182-08, 8-25-2009)

q1w2e3NAC 488.120  Vessel for which marine documentation pending or issued by Coast Guard: Temporary operating permit; certificate of number and validation decal.

      NAC 488.120  Vessel for which marine documentation pending or issued by Coast Guard: Temporary operating permit; certificate of number and validation decal. (NRS 488.045, 488.175, 501.181)

     1.  The Department may issue a temporary operating permit to a vessel owner who has applied to the United States Coast Guard for a marine document and who is awaiting approval for such a document.

     2.  A vessel owner who requests a temporary operating permit must provide to the Department a copy of the application for a marine document that:

     (a) The vessel owner submitted to the United States Coast Guard; and

     (b) Includes the vessel’s physical description and hull identification number.

     3.  A temporary operating permit issued by the Department pursuant to subsection 1 is valid:

     (a) For the time period prescribed by the Department on the permit, not to exceed 90 days; and

     (b) Only on the waters of this State.

     4.  The Department shall issue a certificate of number and validation decal for a vessel which has a valid marine document issued by the United States Coast Guard if the vessel owner presents to the Department a copy of that marine document.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 15, eff. 2-10-82]—(NAC A by R122-03, 1-20-2004; R134-04, 10-28-2004)

q1w2e3NAC 488.125  Certificates of number: Duplicates.

      NAC 488.125  Certificates of number: Duplicates. (NRS 488.045, 488.075, 501.181)  If a certificate of number is lost or destroyed, the person whose name appears on the certificate as the owner may apply for a duplicate certificate by submitting to the Department:

     1.  An application on a form provided by the Department; and

     2.  A fee of $20.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 18, eff. 2-10-82]—(NAC A 11-23-94; R122-03, 1-20-2004)

q1w2e3NAC 488.130  Certificates of number: Expiration date.

      NAC 488.130  Certificates of number: Expiration date. (NRS 488.045, 488.135, 501.181)  A certificate of number expires on December 31 of the year in which it is issued unless it is renewed by the purchase of a decal for the ensuing year. A current certificate of number will be honored through January 31 of the ensuing year.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 14, eff. 2-10-82]

q1w2e3NAC 488.135  Renewal certificates of number.

      NAC 488.135  Renewal certificates of number. (NRS 488.045, 501.181)  When a renewal certificate of number is printed, the Department shall issue a certificate which incorporates any change in the address of the owner of a vessel.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 19, eff. 2-10-82]—(NAC A by R122-03, 1-20-2004)

q1w2e3NAC 488.140  Certificates of number: Invalidity and surrender.

      NAC 488.140  Certificates of number: Invalidity and surrender. (NRS 488.045, 501.181)  A certificate of number is invalid and must be surrendered to the Department if:

     1.  The person listed on the certificate as owner of the motorboat transfers all or part of his or her interest in the motorboat or loses his or her interest by a legal process;

     2.  The motorboat is destroyed or abandoned;

     3.  The application for the certificate contains a false or fraudulent statement; or

     4.  If fees for the issuance of the certificate are not paid.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 16, eff. 2-10-82]—(NAC A by R122-03, 1-20-2004)

q1w2e3NAC 488.145  Destroyed or abandoned motorboats.

      NAC 488.145  Destroyed or abandoned motorboats. (NRS 488.045, 488.145, 501.181)

     1.  The registered owner of a destroyed or abandoned motorboat that is numbered pursuant to chapter 488 of NRS shall provide the notice required by NRS 488.145 to the Department in writing. The written notice must be signed by the registered owner and notarized.

     2.  The written notice provided pursuant to subsection 1 must indicate the reason for the destruction or abandonment of the motorboat and the current location and condition of the motorboat.

     3.  The registered owner shall surrender to the Department the certificate of number and the certificate of ownership issued for the motorboat, if in existence, at the time he or she provides the written notice to the Department pursuant to subsection 1.

     4.  Once a vessel has been destroyed or abandoned, the Department shall print the word “salvage” on each subsequent certificate of number and certificate of ownership which it issues for that vessel.

     (Added to NAC by Bd. of Wildlife Comm’rs by R144-98, eff. 11-13-98; A by R116-00, 3-29-2001)

q1w2e3NAC 488.150  Identification numbers: Contents.

      NAC 488.150  Identification numbers: Contents. (NRS 488.045, 488.075, 501.181)

     1.  The identification numbers issued by the Department will consist of the letters “NV” followed by four numerals and two more letters.

     2.  The Department will not issue an identification number which contains the letters “I,” “O” or “Q.”

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 2, eff. 2-10-82]—(NAC A 12-16-92)

q1w2e3NAC 488.155  Numbers issued to motorboats exempt from requirement of registration.

      NAC 488.155  Numbers issued to motorboats exempt from requirement of registration. (NRS 488.045, 488.175, 501.181)

     1.  Numbers issued by the Department for motorboats which are exempt from the statutory requirement of registration must be displayed in the same manner as the identification numbers issued to nonexempt motorboats.

     2.  The number issued to an exempt motorboat will consist of the letters “NV” followed by a combination of four numerals and the letters “EX.”

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 10, eff. 2-10-82]—(NAC A by R114-02, 1-21-2003)

q1w2e3NAC 488.160  Identification number: Placement on vessel.

      NAC 488.160  Identification number: Placement on vessel. (NRS 488.045, 488.075, 501.181)

     1.  Except as otherwise provided in subsections 3 to 6, inclusive, the owner shall paint on or otherwise permanently attach to each side of the forward half of his or her vessel the identification number assigned to that boat by the Department.

     2.  The number must:

     (a) Be in numerals and letters which are vertical, not less than 3 inches in height and without border, trim and shading;

     (b) Be in numerals and letters of a solid color which contrasts with the background on which it is placed and is distinctly visible;

     (c) Have a space or hyphen between the letter and numeral groups which is equal to the width of a letter other than “I” and a numeral other than “1” of the same size used to display the number;

     (d) Be on the forward half of the hull or permanent superstructure of the motorboat in a place which is clearly legible from another vessel or the shore; and

     (e) Be placed so as to read from left to right.

     3.  The number issued to a manufacturer or dealer for a motorboat which is to be used in connection with the demonstration, exchange or sale of motorboats may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the motorboat. The number so displayed must meet the requirements of subsection 2.

     4.  If a motorboat is built so that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to the forward half of the boat so that it is clearly visible on both the port and starboard sides.

     5.  The number assigned to an inflatable boat may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the boat. The number so displayed must meet the requirements of subsection 2.

     6.  A vessel documented by the United States Coast Guard is exempt from the requirements of this section.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 3, eff. 2-10-82]—(NAC A 11-23-94; R114-02, 1-21-2003; R122-03, 1-20-2004)

q1w2e3NAC 488.165  Removal of identification number and decals.

      NAC 488.165  Removal of identification number and decals. (NRS 488.045, 488.075, 501.181)  The person whose name appears on a certificate of number as the owner of a vessel shall remove the number and validation decals from the vessel when the certificate of number becomes invalid.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 17, eff. 2-10-82]—(NAC A by R122-03, 1-20-2004)

q1w2e3NAC 488.170  Dealer’s report of motorboat sale and temporary operating permit.

      NAC 488.170  Dealer’s report of motorboat sale and temporary operating permit. (NRS 488.045, 501.181)  The Department or a boat dealer authorized by the Department may issue a dealer’s report of motorboat sale and a 10-day temporary operating permit which is valid only on the waters of this State.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 12, eff. 2-10-82]—(NAC A 12-3-90; R114-02, 1-21-2003)

q1w2e3NAC 488.175  Temporary certificates of number and authorization numbers.

      NAC 488.175  Temporary certificates of number and authorization numbers. (NRS 488.045, 501.181)

     1.  Pending the issuance of a certificate of number, the Department may issue a temporary certificate which is valid for not more than 60 days after it is issued.

     2.  If the application for a certificate of number for a vessel was made via the Internet, the Department may issue to the applicant a temporary authorization number that is valid for use of the vessel on the waters of the State for not more than 10 days after the date of issuance.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 13, eff. 2-10-82]—(NAC A by R122-03, 1-20-2004)

q1w2e3NAC 488.180  Validation decals.

      NAC 488.180  Validation decals. (NRS 488.045, 501.181)

     1.  A person may not use a vessel which does not have a current validation decal on each side of the vessel unless:

     (a) The vessel is exempt pursuant to NRS 488.175;

     (b) Not more than 10 days before the date of the use of the vessel, the Department issued a temporary authorization number for the vessel pursuant to subsection 2 of NAC 488.175; or

     (c) The person possesses a valid temporary operating permit issued by the Department pursuant to NAC 488.120.

     2.  Except as otherwise provided in subsection 3, the decals required for a vessel must be attached:

     (a) Within 6 inches of the last letter of the identification number on the port side;

     (b) Within 6 inches of the letters “NV” on the starboard side; and

     (c) Level with the identification numbers on both sides.

     3.  A vessel with a valid marine document issued by the United States Coast Guard:

     (a) Is exempt from the requirements of subsection 2;

     (b) Must be properly marked, pursuant to federal requirements, with the name and home port of the vessel; and

     (c) Must have the validation decal of the vessel attached to each side of the forward half of the vessel so that the decal is distinctly visible on both the port and starboard sides.

     4.  The year in which each validation decal expires will be indicated by the colors blue, international orange, green or red in rotation beginning with blue for decals that expire in 1973. The decal will be approximately 3 inches square.

     5.  A validation decal that has been cut, trimmed or otherwise altered is not valid.

     6.  For the purposes of this section, a vessel is being used if the vessel:

     (a) Is upon the waters of this State, including, without limitation, if it is tied or fastened to a dock, mooring or shore; and

     (b) Is not aground on the shore.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 20, eff. 2-10-82]—(NAC A 12-16-92; R206-97, 6-19-98; R122-03, 1-20-2004; R134-04, 10-28-2004)

q1w2e3NAC 488.185  Hull numbers; decals.

      NAC 488.185  Hull numbers; decals. (NRS 488.045, 488.065, 501.181)

     1.  Whenever the Department assigns a hull number to a vessel, the number will consist of two letters designating the State followed by the letter “Z,” the next five characters will be an identifying serial number, and the last four characters will indicate the month and year that the vessel is issued a certificate of ownership.

     2.  The registered owner of a vessel for which a hull number has been assigned shall carve, burn, stamp, emboss or otherwise permanently affix the assigned hull number to the outboard side of the starboard side of the transom, or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism and above the waterline of the boat in such a way that alteration, removal or replacement would be obvious and evident. The number must be at least one-quarter inch in height.

     3.  On and after January 1, 1995, the Department shall affix to each vessel which has been assigned a hull number a decal which indicates the assigned hull number. The decal must be affixed no more than 2 inches below the location of the hull number placed pursuant to the provisions of subsection 2. At the time of affixing the decal, the Department shall also affix a duplicate of the decal to an unexposed portion of the interior of the vessel.

     4.  Unless written approval is first obtained from the Department, it is unlawful to remove, alter or deface a decal or duplicate decal which has been issued for or affixed to a vessel pursuant to the provisions of subsection 3, or to affix or otherwise display such a decal or duplicate decal on any vessel other than the vessel for which the hull number was assigned.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 21, eff. 2-10-82]—(NAC A 4-27-84, eff. 5-25-84; 11-23-94)

q1w2e3NAC 488.195  Manufacturers and dealers: Application for certificate of number and authority to issue report of sale; criteria for approval or denial of application.

      NAC 488.195  Manufacturers and dealers: Application for certificate of number and authority to issue report of sale; criteria for approval or denial of application. (NRS 488.045, 488.075, 501.181)

     1.  The Department shall not issue a dealer’s certificate of number to a manufacturer or dealer or authorize the manufacturer or dealer to issue a dealer’s report of sale until he or she submits an application to the Department which contains such information as the Department may require.

     2.  In determining whether to approve or deny an application submitted pursuant to subsection 1, the Department may consider, without limitation, the following criteria:

     (a) Whether the applicant has been convicted of violating a law or regulation relating to wildlife or watercraft within the 5 years immediately preceding the date of the application.

     (b) Whether the applicant has been convicted of a felony or a crime involving moral turpitude.

     (c) The cooperation of the applicant and employees of the applicant.

     (d) Characteristics of the business where the applicant would issue a dealer’s report of sale, including, without limitation:

          (1) Accessibility of the business to all segments of the public;

          (2) Hours the business will be open to the public; and

          (3) The number of times ownership of the business has been transferred.

     (e) If the applicant was previously a boat dealer for the Department:

          (1) Whether the applicant complied with all laws and regulations for the issuance of a dealer’s report of sale and properly used a dealer’s certificate of number for demonstration purposes only; and

          (2) Whether the applicant’s authority to serve as a boat dealer for the Department was cancelled. If the authority was cancelled, the applicant must provide proof that the reason for cancellation has been corrected.

     3.  Except as otherwise provided in this subsection, if an applicant wishes to be a boat dealer for the Department, the business of the applicant must have been established for at least 1 year immediately preceding the date of the application. The Department may waive this requirement if the applicant has previous experience in the business of buying and selling boats and the Department determines there is a need for a boat dealer for the Department.

     4.  A dealer must have an established place of business in Nevada and a permanent building or structure on a lot owned or leased with sufficient space to display one or more boats.

     5.  As used in this section, the term “permanent building or structure” does not include a residence.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 27, eff. 2-10-82]—(NAC A 4-27-84, eff. 5-25-84; 11-23-94; R122-03, 1-20-2004)

q1w2e3NAC 488.200  Dealer in new boats: Evidence of franchise required.

      NAC 488.200  Dealer in new boats: Evidence of franchise required. (NRS 488.045, 488.075, 501.181)  The Department will not issue a dealer’s certificate of number to a dealer in new boats unless the dealer has first furnished the Department a copy of an instrument executed by or on behalf of the manufacturer certifying that he or she is a franchised dealer for the kinds of boats to be sold.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 28, eff. 2-10-82]—(NAC A 11-23-94)

q1w2e3NAC 488.205  Dealer’s certificates of number: Number of certificates allowed; renewal.

      NAC 488.205  Dealer’s certificates of number: Number of certificates allowed; renewal. (NRS 488.045, 488.075, 501.181)

     1.  The Department shall determine the number of dealer’s certificates of number to which the manufacturer or dealer is entitled. A manufacturer or dealer must not be issued more of the certificates than a number equal to one more than the number of his or her salespersons.

     2.  A dealer must sell at least one boat during the previous 12 months to be eligible for renewal of certificates of number. The Department may require proof of the sales.

     3.  Upon failure by a dealer to renew a certificate of number for 2 consecutive years, that number will become inactive. If the dealer wishes to renew the number and the dealer is in good standing with the Department, the Department shall reactivate the number.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 29, eff. 2-10-82]—(NAC A 4-27-84, eff. 5-27-84; R122-03, 1-20-2004)

q1w2e3NAC 488.210  Motorboats used for demonstration or testing: Certificate of number; identification number.

      NAC 488.210  Motorboats used for demonstration or testing: Certificate of number; identification number. (NRS 488.045, 488.075, 501.181)

     1.  The certificate of number issued for a motorboat which is to be used by a manufacturer or dealer for demonstrating or testing will be plainly marked for demonstration.

     2.  The identification number assigned to such a motorboat will consist of the letters “NV” followed by a combination of four numerals and the letters “DL.”

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 8, eff. 2-10-82]—(NAC A by R114-02, 1-21-2003)

q1w2e3NAC 488.215  Grounds for revocation of authority to serve as boat dealer for Department.

      NAC 488.215  Grounds for revocation of authority to serve as boat dealer for Department. (NRS 488.045, 488.075, 501.181)  The Department shall revoke authority to serve as a boat dealer for the Department if:

     1.  The certificate of number issued to a manufacturer or dealer for a motorboat for demonstration or testing of the motorboat is used for a purpose which is not connected with the demonstration, exchange or sale of a motorboat;

     2.  The boat dealer or an employee of the boat dealer falsifies any information on, or otherwise fails to issue correctly, a dealer’s report of sale, or aids in, causes or attempts such an act; or

     3.  The boat dealer or an employee of the boat dealer fails to comply with applicable laws, regulations and procedures of the Department.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 9, eff. 2-10-82]—(NAC A by R122-03, 1-20-2004)

CERTIFICATES OF OWNERSHIP

q1w2e3NAC 488.300  Applications accepted without sale or purchase.

      NAC 488.300  Applications accepted without sale or purchase. (NRS 488.045, 488.075, 501.181)  The Department will accept an application for a certificate of ownership from a motorboat owner who wishes to obtain a certificate of ownership for the boat even though a sale or purchase has not been transacted.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 26, eff. 2-10-82]

q1w2e3NAC 488.305  Proof of ownership; prerequisites to rebuild certain motorboats.

      NAC 488.305  Proof of ownership; prerequisites to rebuild certain motorboats. (NRS 488.045, 488.075, 501.181)

     1.  Except as otherwise provided in subsection 2, each applicant for a certificate of ownership must submit one of the following documents to the Department as evidence of proof of ownership:

     (a) The original bill of sale from the dealer and subsequent bills of sale from all owners of the motorboat up to the present owner.

     (b) The previous owner’s certificate of ownership for the motorboat.

     (c) If the motorboat is homemade, a sworn statement attesting to the identity of the builder, the location or place of construction, the source of the material used for construction and a description of the boat. The statement must also be accompanied by any receipts received for the purchase or acquisition of the materials used in the construction of the motorboat and a copy of the construction plans, if any.

     (d) If the motorboat has been rebuilt, a sworn statement attesting to the identity of the rebuilder, the location or place of rebuilding, the source of the material used for rebuilding and a description of the boat. The statement must also be accompanied by:

          (1) Any receipts received for the purchase or acquisition of the materials used in the rebuilding of the motorboat; and

          (2) Documentation indicating the source of the original hull and proof of ownership from the previous owner.

     2.  If neither of the documents listed in paragraph (a) or (b) of subsection 1 is available, the applicant must submit an affidavit of ownership or attach to his or her application a completed Statement of Fact.

     3.  Before a motorboat which was originally manufactured on or after January 1, 1972, is rebuilt, the owner of the motorboat shall:

     (a) Cause the motorboat to be inspected by the Department to determine the hull identification number; or

     (b) Provide such other proof of ownership as the Department may require.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 22, eff. 2-10-82]—(NAC A 11-23-94; R122-03, 1-20-2004)

q1w2e3NAC 488.315  Contents of certificate of ownership.

      NAC 488.315  Contents of certificate of ownership. (NRS 488.045, 488.075, 501.181)  The certificate of ownership for a motorboat will include:

     1.  The name and address of the legal owner and the registered owner;

     2.  The date on which the certificate is issued;

     3.  The type of boat;

     4.  The hull material;

     5.  The identification number of the boat;

     6.  The name of the manufacturer of the boat;

     7.  The hull number of the boat;

     8.  The year the boat was manufactured;

     9.  The length of the boat;

     10.  The type of propulsion;

     11.  The type of fuel;

     12.  The intended use of the boat; and

     13.  A statement in substantially the following form:

 

     The Department of Wildlife of the State of Nevada hereby certifies that, pursuant to the provisions of chapter 488 of the Nevada Revised Statutes and the regulations adopted pursuant thereto, an application has been made for a certificate of ownership for the motorboat or vessel described in this certificate. The Department has received information, including statements signed under penalty of perjury, which indicate that the statements contained in this certificate correctly indicate the ownership of the motorboat or vessel described in this certificate. The Department has not made a title search to establish conclusively the ownership or lienholders, or both, of the motorboat or vessel and makes no warranty as to the truth of the statements contained in this certificate.

 

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 24, eff. 2-10-82]—(NAC A 10-13-95; R122-03, 1-20-2004)

q1w2e3NAC 488.320  Inspection of motorboat upon transfer or sale.

      NAC 488.320  Inspection of motorboat upon transfer or sale. (NRS 488.045, 501.181)

     1.  Except as otherwise provided in subsection 2, any motorboat for which a certificate of ownership is required under the Nevada Boat Act must be inspected by the Department or a person designated by the Department when the motorboat is transferred or sold.

     2.  A motorboat need not be inspected if:

     (a) The motorboat has a Nevada certificate of ownership;

     (b) The owner produces a correctly completed certificate of origin from the manufacturer of the motorboat; or

     (c) The Department is certain that the description of the motorboat is correct, after reviewing other documents submitted by the owner.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 25, eff. 2-10-82]—(NAC A by R114-02, 1-21-2003)

q1w2e3NAC 488.322  Transfer of certificate of ownership of vessel that is subject of lien for storage.

      NAC 488.322  Transfer of certificate of ownership of vessel that is subject of lien for storage. (NRS 488.045, 501.181)

     1.  In addition to any other applicable requirements relating to the transfer of a certificate of ownership of a vessel set forth in this chapter and chapter 488 of NRS, to transfer a certificate of ownership of a vessel that is the subject of a lien pursuant to NRS 108.473 to 108.4783, inclusive, relating to the storage of vessels, a transferee of a certificate of ownership of the vessel must provide:

     (a) Proof of any lien satisfied from known persons holding a security interest in the vessel, and evidence satisfactory to the Department of a valid release of all claims to the vessel from all owners and legal owners of the vessel in the form of a title to the vessel that has been signed over, a notarized affidavit that the title to the vessel was lost or a legal document which indicates that the lien has been discharged or released.

     (b) If a valid release of a lien is not available because of:

          (1) A failure to make a claim after lawful demand and notice or dissolution of a secured party:

               (I) A complete and notarized affidavit that states that all requirements contained in NRS 108.473 to 108.4783, inclusive, have been satisfied;

               (II) A description of the vessel that includes the boat number and hull identification number, if known;

               (III) Evidence, if any, of the status of all claims attached to the vessel; and

               (IV) A notarized copy of the affidavit of publication for the sale or auction of the vessel; or

          (2) A failure to notify all persons holding an interest in the vessel, a notarized affidavit stating that all reasonable attempts were made, including notification to the registered owner, legal owner and any other known person who may have an interest in the vessel and setting forth the reasons why those attempts were unsuccessful. For the purposes of this paragraph, a “reasonable attempt” includes, without limitation, mailing a certified letter to the main office of the successors to the business that originally held the lien and was subsequently relocated or reorganized, if known.

     (c) A copy of the notice of sale sent by certified mail to the holders of the secured interest in the vessel and if the certified letter was:

          (1) Delivered, a copy of the letter and certified return receipt.

          (2) Returned undelivered in the envelope, unopened if possible, with a copy of the certified letter and documentation of attempted postal delivery.

     (d) Evidence of the affidavit of publication that the sale took place at least 22 days after the date of the first advertisement.

     (e) If the occupant of the storage unit is not the registered or legal owner of the vessel, evidence that separate notices were sent to the registered owner and the legal owner of the vessel and to the occupant of the storage unit.

     (f) A notarized affidavit attesting that a notice of auction was posted, including the dates when and locations where the notice was posted.

     2.  As used in this section, “transferee” means the lien claimant or a new buyer of the vessel that is subject to NRS 108.473 to 108.4783, inclusive.

     (Added to NAC by Bd. of Wildlife Comm’rs by R116-00, eff. 3-29-2001)

q1w2e3NAC 488.324  Transfer of certificate of ownership of vessel that is subject of lien for wages due, work performed or services rendered.

      NAC 488.324  Transfer of certificate of ownership of vessel that is subject of lien for wages due, work performed or services rendered. (NRS 488.045, 501.181)

     1.  In addition to any other applicable requirements relating to the transfer of a certificate of ownership of a vessel set forth in this chapter or chapter 488 of NRS, to transfer a certificate of ownership of a vessel that is the subject of a lien pursuant to NRS 108.670 to 108.760, inclusive, relating to vessels, a transferee of a certificate of ownership of the vessel must provide:

     (a) Proof of any lien satisfied from known persons holding a security interest in the vessel, and evidence satisfactory to the Department of a valid release of all claims to the vessel from all owners and legal owners of the vessel in the form of a title to the vessel that has been signed over, a notarized affidavit that the title to the vessel was lost or a legal document which indicates that the lien has been discharged or released.

     (b) If a valid release is not available because of:

          (1) A failure to make a claim after lawful demand and notice or dissolution of a secured party:

               (I) A complete and notarized affidavit that states that all requirements contained in NRS 108.670 to 108.760, inclusive, have been satisfied;

               (II) A description of the vessel that includes the boat number and hull identification number, if known;

               (III) Evidence, if any, of the status of all claims attached to the vessel; and

               (IV) A notarized copy of the affidavit of publication for the sale or auction of the vessel; or

          (2) A failure to notify all persons holding an interest in the vessel, a notarized affidavit stating that all reasonable attempts were made, including notification to the registered owner, legal owner and any other known person who may have an interest in the vessel and setting forth the reasons why those attempts were unsuccessful. For the purposes of this paragraph, a “reasonable attempt” includes, without limitation, mailing a certified letter to the main office of successors to the business that originally held the lien and was subsequently relocated or reorganized, if known.

     (c) A copy of the notice of sale sent by certified mail to the holder of the secured interest and if the certified letter was:

          (1) Delivered, a copy of the letter and certified return receipt.

          (2) Returned undelivered in the envelope, unopened if possible, with a copy of the certified letter and documentation of attempted postal delivery.

     (d) Evidence of the affidavit of publication for the sale that took place at least 22 days after the date of the first advertisement.

     2.  As used in this section, “transferee” means the lien claimant or a new buyer of the vessel that is subject to NRS 108.670 to 108.760, inclusive.

     (Added to NAC by Bd. of Wildlife Comm’rs by R116-00, eff. 3-29-2001)

q1w2e3NAC 488.326  Certain transfers of ownership disallowed.

      NAC 488.326  Certain transfers of ownership disallowed. (NRS 488.045, 501.181)

     1.  The Department will not transfer the certificate of ownership of a vessel that is the subject of a lien pursuant to NRS 108.473 to 108.4783, inclusive, or 108.670 to 108.760, inclusive, if the lien claimant has refused to entertain bids at an advertised sale or auction of the vessel.

     2.  The Department will not transfer the certificate of ownership of a vessel that is the subject of a lien pursuant to NRS 108.473 to 108.4783, inclusive, that was obtained as the result of the sale of a sealed storage unit if the person seeking to transfer the certificate of ownership of the vessel does not have evidence of notification or attempted notification, as appropriate, to the registered owner and legal owners of the vessel.

     (Added to NAC by Bd. of Wildlife Comm’rs by R116-00, eff. 3-29-2001)

BOAT LIVERIES

q1w2e3NAC 488.350  Documentation for certain vessels; prohibited rentals; provision and review of information relating to operation of certain vessels.

      NAC 488.350  Documentation for certain vessels; prohibited rentals; provision and review of information relating to operation of certain vessels. (NRS 488.045, 501.181, 501.243)

     1.  The certificate of number for a vessel less than 26 feet in length that is leased or rented to a person for noncommercial use by the person for less than 7 days may be retained on shore by the owner of the vessel or his or her representative at the place from which the vessel departs or returns.

     2.  Each person using a vessel to which subsection 1 applies shall present the certificate, lease or rental agreement to any federal, state or local law enforcement officer for inspection at his or her request.

     3.  The lease or rental agreement must contain the identification number, the period of time for which the vessel is leased or rented, the signatures of the livery owner or his or her representative and the person leasing or renting the vessel, and the number of persons to whom the vessel was leased or rented.

     4.  The owner of a boat livery or the owner’s agent or employee shall not rent a personal watercraft to any person who is under the age of 18 years.

     5.  The owner of a boat livery or the owner’s agent or employee who rents personal watercraft shall:

     (a) Provide to each person to whom a personal watercraft is rented and each person who will operate the personal watercraft:

          (1) A summary of the laws and regulations governing the operation of personal watercraft; and

          (2) Instructions regarding the safe operation of the personal watercraft; and

     (b) Before a personal watercraft leaves the control of the owner or his or her agent or employee, document the name and age of each person who will operate the personal watercraft. A person to whom a personal watercraft is rented shall ensure that only those persons documented as an operator in accordance with this paragraph are allowed to operate the personal watercraft.

     6.  Each person to whom a personal watercraft is rented and each person who will operate the personal watercraft shall review the laws and regulations governing the safe operation of the personal watercraft rented or provide written proof that the person has received previous instruction in the safe operation of the personal watercraft.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 4, eff. 2-10-82]—(NAC A 11-23-94; 6-24-96; R206-97, 6-19-98)—(Substituted in revision for NAC 488.190)

EQUIPMENT AND OPERATION

q1w2e3NAC 488.400  Light required for manually propelled vessel.

      NAC 488.400  Light required for manually propelled vessel. (NRS 488.045, 488.187, 501.181)  Each manually propelled vessel must be equipped with a white light which is kept ready to be exhibited if necessary to avoid a collision.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 35, eff. 2-10-82]

q1w2e3NAC 488.405  Life preservers: Number and types required.

      NAC 488.405  Life preservers: Number and types required. (NRS 488.045, 488.193, 501.181)

     1.  Except as otherwise provided in this section, a person shall not use any vessel, regardless of its method of propulsion:

     (a) Which is less than 16 feet in length, unless there is at least one life preserver of type I, II or III on board for each person; or

     (b) Which is 16 feet or more in length, unless there is at least one life preserver of type I, II or III on board for each person and at least one life preserver of type IV on board.

     2.  The requirements of subsection 1 do not apply to the operation of a racing shell, rowing scull, racing canoe or racing kayak which is:

     (a) Manually propelled;

     (b) Recognized by a national or international racing association for use in competitive racing; and

     (c) Designed to carry and does carry only equipment which is solely for competitive racing.

     3.  The requirements of paragraph (b) of subsection 1 do not apply to a person who uses a canoe or kayak that is enclosed by a deck and spray skirt if:

     (a) The person has on board a life preserver of type I, II or III; or

     (b) The person wears a life preserver of type V special use approved for that use.

     4.  On any vessel, a life preserver of type V special use or type V hybrid may be used in lieu of a life preserver of type I, II or III if it is approved by the United States Coast Guard and:

     (a) If it is of type V special use, is worn and used in accordance with the instructions marked on it.

     (b) If it is of type V hybrid, is worn while the vessel is underway, except when the user is in an enclosed space.

     5.  For the purposes of this section, the types of life preservers are as follows:

     (a) Type I is a life preserver which has over 20 pounds of buoyant force and is designed to turn an unconscious person in water to a position where his or her face is out of the water;

     (b) Type II is a buoyant vest which has at least 15.5 pounds of buoyant force and is designed to turn an unconscious person in water to a position where his or her face is out of the water;

     (c) Type III is a buoyant vest or jacket which has at least 15.5 pounds of buoyant force but is not designed to turn an unconscious person in water;

     (d) Type IV is a throwable device, such as a ring buoy or buoyant cushion;

     (e) Type V hybrid is a personal flotation device which has 7.5 pounds of buoyant force when it is not inflated, and 22 pounds of buoyant force when it is inflated; and

     (f) Type V special use is a personal flotation device approved by the United States Coast Guard for a restricted use or activity.

     6.  For the purposes of this section, a vessel is being used if the vessel:

     (a) Is upon the waters of this State, including, without limitation, if it is tied or fastened to a dock, mooring or shore; and

     (b) Is not aground on the shore.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 30, eff. 2-10-82]—(NAC A 1-1-83; 12-3-90; 11-23-94; R206-97, 6-19-98)

q1w2e3NAC 488.410  Life preservers: Condition; markings; size; requirements for inflation.

      NAC 488.410  Life preservers: Condition; markings; size; requirements for inflation. (NRS 488.045, 488.193, 501.181)

     1.  Each life preserver required by NAC 488.405 to be on board a vessel must be:

     (a) In serviceable condition;

     (b) Legibly marked with the number of approval of the Coast Guard;

     (c) Of appropriate size to fit the person for whose use it is intended; and

     (d) Noninflatable, if the person for whose use it is intended is:

          (1) Waterskiing;

          (2) On a personal watercraft;

          (3) Under 16 years of age; or

          (4) Participating in a commercial activity, including, without limitation, a boat livery.

     2.  For the purposes of paragraph (a) of subsection 1, a life preserver that is inflatable is in serviceable condition only if:

     (a) The inflation mechanism is functional and armed;

     (b) Each inflation indicator is green;

     (c) Each inflation chamber is capable of holding air; and

     (d) The oral inflation tube is functional.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 31, eff. 2-10-82]—(NAC A by R206-97, 6-19-98)

q1w2e3NAC 488.415  Fire extinguishers: Number and types required.

      NAC 488.415  Fire extinguishers: Number and types required. (NRS 488.045, 488.193, 501.181)

     1.  Each motorboat having:

     (a) A closed compartment under a thwart or seat wherein a portable fuel tank may be stored;

     (b) A double bottom which is not sealed to the hull or which is not completely filled with flotation material;

     (c) A closed living space;

     (d) A closed storage compartment in which combustible or flammable material is stored; or

     (e) A permanently installed fuel tank,

Ê must carry the type and number of fire extinguishers described in subsections 2 and 3, each of which must be fully charged and serviceable.

     2.  Each motorboat which lacks a system built within its engine compartment for extinguishing a fire and which is a:

     (a) Class A or class 1 motorboat must carry one B-I fire extinguisher.

     (b) Class 2 motorboat must carry two B-I fire extinguishers or one B-II fire extinguisher.

     (c) Class 3 motorboat must carry:

          (1) Three B-I fire extinguishers; or

          (2) One B-I and one B-II fire extinguisher.

     3.  Each motorboat which has a system built within its engine compartment for extinguishing a fire and which is a:

     (a) Class A or class 1 motorboat is not required to carry a portable fire extinguisher.

     (b) Class 2 motorboat must carry one B-I fire extinguisher.

     (c) Class 3 motorboat must carry two B-I fire extinguishers or one B-II fire extinguisher.

     4.  The classes of motorboats identified in this section are as described in NRS 488.185.

     5.  For the purposes of this section:

     (a) “B-I fire extinguisher” means a portable marine extinguisher containing at least:

          (1) One and one-quarter gallons of a concentrated liquid foam;

          (2) Two pounds of a dry chemical, fire extinguishing agent; or

          (3) Four pounds of carbon dioxide; and

     (b) “B-II fire extinguisher” means a portable marine extinguisher containing at least:

          (1) Two and one-half gallons of a concentrated liquid foam;

          (2) Ten pounds of a dry chemical, fire extinguishing agent; or

          (3) Fifteen pounds of carbon dioxide.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 32, eff. 2-10-82]—(NAC A by R114-02, 1-21-2003)

q1w2e3NAC 488.420  Motorboat engines: Ventilator ducts.

      NAC 488.420  Motorboat engines: Ventilator ducts. (NRS 488.045, 488.193, 501.181)

     1.  Except as otherwise provided in subsection 3, each motorboat, which uses fuel with a flash point of 110°F or less must have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. At least one exhaust duct must extend from the open atmosphere to the lower portion of the bilge, and at least one intake duct must extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls must be located and trimmed for maximum effectiveness to prevent displaced fumes from being recirculated.

     2.  Each permanently installed fuel tank must have an outboard screened vent which is away from all hull openings.

     3.  The requirements set forth in subsection 1 do not apply to a motorboat in which all compartments of the engine and fuel tanks and any other spaces into which explosive or flammable gas or vapor may flow are open to the atmosphere.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 33, eff. 2-10-82]

q1w2e3NAC 488.425  Motorboat engines: Flame arresters and similar devices.

      NAC 488.425  Motorboat engines: Flame arresters and similar devices. (NRS 488.045, 488.193, 501.181)  The carburetor of each inboard motor which uses gasoline as fuel must have one of the following:

     1.  A backfire flame arrester constructed in accordance with specifications approved by the United States Coast Guard and in conformity with its regulations. The flame arrester must be suitably secured to the carburetor air intake with flame tight connections.

     2.  An engine and fuel intake system which provides protection against the propagation of backfire flame to the atmosphere and whose protection is equivalent to that of an approved flame arrester. A gasoline engine which has such a system and is operated without an approved flame arrester must be tested and labeled in accordance with detailed specifications and approved by the United States Coast Guard.

     3.  An attachment to the carburetor or location of the engine air intake by means of which flames caused by engine backfire will be dispersed to the atmosphere outside the vessel and will not endanger the vessel or persons on board. The attachment must be of metallic construction with flame tight connections and firmly secured to withstand vibration, shock and engine backfire.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 34, eff. 2-10-82]

q1w2e3NAC 488.430  Applicability of certain federal laws and regulations to waters within boundaries of this State.

      NAC 488.430  Applicability of certain federal laws and regulations to waters within boundaries of this State. (NRS 488.045, 488.540, 501.181)  Any federal law or regulation relating to inland navigation which is applicable to the navigable waters within the boundaries of this State is hereby made to also apply to all other waters within the boundaries of this State.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 44, eff. 2-10-82]—(NAC A 12-3-90; R114-02, 1-21-2003; R102-10, 12-30-2011)

q1w2e3NAC 488.435  Prima facie evidence of reckless or negligent operation.

      NAC 488.435  Prima facie evidence of reckless or negligent operation. (NRS 488.045, 488.400, 501.181)  Each of the following acts endangers life, limb or property and constitutes prima facie evidence of reckless or negligent operation of a vessel:

     1.  On a motorboat underway at a speed greater than 5 nautical miles per hour, riding on the:

     (a) Bow;

     (b) Gunwale;

     (c) Transom;

     (d) Outboard engine cover; or

     (e) Inboard engine cover unless the person’s feet are touching the deck.

     2.  Maneuvering a towed skier or device so as to pass the towline over another vessel or its skier.

     3.  Navigating any vessel, skis or device between a towing vessel and its tow.

     4.  Operating a motorboat while any person is hanging onto, or sitting, standing or riding on, a swim platform or a swim ladder that is attached to the motorboat.

     5.  Operating a motorboat at a speed greater than a speed that leaves a flat wake within 100 feet of an anchored or moored vessel, a person engaged in angling from another vessel or any manually propelled vessel.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 41, eff. 2-10-82]—(NAC A by R135-04, 10-28-2004; R020-08, 6-17-2008)

q1w2e3NAC 488.440  Notice of death or disappearance of person.

      NAC 488.440  Notice of death or disappearance of person. (NRS 488.045, 488.550, 501.181)

     1.  When, as a result of a collision, accident or other casualty involving a vessel or its equipment, a person dies or disappears from the vessel, the operator shall, without delay and by the quickest means available notify the nearest representative of the Department. The notice must include:

     (a) The date, time and exact location of the occurrence;

     (b) The name of each person who died or disappeared;

     (c) The identification number and name of the vessel; and

     (d) The name and address of the owner and the operator.

     2.  If the operator of the vessel cannot give the notice, each person on board the vessel shall notify the Department or determine that the notice has been given.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 45, eff. 2-10-82]

q1w2e3NAC 488.445  Report concerning certain occurrences.

      NAC 488.445  Report concerning certain occurrences. (NRS 488.045, 488.550, 501.181)

     1.  Except as otherwise provided in subsection 4, the operator of a vessel shall submit to the Department a report, on a form provided by the Department or the United States Coast Guard, whenever as a result of an occurrence involving the vessel or its equipment:

     (a) A person dies;

     (b) A person is injured and receives medical treatment beyond first aid;

     (c) Damage occurs to the vessel and other property which totals more than $500; or

     (d) A person disappears from the vessel under circumstances indicating his or her death or injury.

     2.  The report must be submitted within 48 hours after the occurrence if a person dies within 24 hours after the occurrence, is injured and receives medical treatment beyond first aid, or disappears from the vessel.

     3.  The report must be submitted within 10 days after the occurrence or death if an earlier report is not required by subsection 2.

     4.  If the operator of the vessel cannot submit the report, the owner shall submit it.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 46, eff. 2-10-82]—(NAC A by R114-02, 1-21-2003)

q1w2e3NAC 488.450  Waterskiing and similar activities.

      NAC 488.450  Waterskiing and similar activities. (NRS 488.045, 488.059, 501.181, 501.243)

     1.  Waterskiing is authorized on:

     (a) The Eagle Valley Reservoir between the hours of 10 a.m. and 3 p.m.

     (b) Comins Lake between 11 a.m. and sunset. A vessel may not be operated at a speed in excess of 5 nautical miles per hour during other hours. The speed of a vessel underway is considered to be 5 nautical miles per hour or less if the vessel is not leaving a wake.

     2.  Waterskiing is prohibited on the following waters:

 

     Waters

County

     (a) Crittenden Reservoir.....................................................................................

                  Elko

     (b) Jiggs Reservoir.............................................................................................

                  Elko

     (c) Black Canyon (Any area marked with signs or buoys, or both, in Lake Mead and downstream from Hoover Dam to Mile Marker 43 on Lake Mohave)................

                Clark

     (d) Boulder Canyon-Lake Mead (Any area marked with signs or buoys, or both)

                Clark

     (e) Lagoon, south of Laughlin, within sec. 33, T. 32 S., R. 66 E., M.D.B. & M., as marked with signs or buoys, or both.....................................................................

                Clark

 

     3.  A person being towed on skis, an inflatable device or any similar device shall wear a personal flotation device which is approved by the United States Coast Guard.

     4.  A person shall not operate a vessel on any waters of this State towing a person or persons on water skis, a surfboard, an inflatable device or any similar device if the manufacturer’s recommended safe loading capacity for the vessel would be exceeded if the person or persons being towed had to board the vessel as a passenger.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 36, eff. 2-10-82]—(NAC A 12-3-84, eff. 1-1-85; 12-12-87; 12-3-90; 12-16-92; R020-08, 6-17-2008)

q1w2e3NAC 488.455  Areas in which reduced speed required.

      NAC 488.455  Areas in which reduced speed required. (NRS 488.045, 488.059, 501.181, 501.243)

     1.  On the following waters, a vessel must be operated at a speed that leaves a flat wake, but in no case may a vessel be operated at a speed in excess of 5 nautical miles per hour:

 

     Waters

County

     (a) Bassett Lake...................................................................................................

         White Pine

     (b) Cave Lake......................................................................................................

         White Pine

     (c) Knott Creek Reservoir....................................................................................

           Humboldt

     (d) Jakes Creek Reservoir....................................................................................

                   Elko

     (e) Onion Valley Reservoir....................................................................................

           Humboldt

     (f) Wayne E. Kirch Wildlife Management Area......................................................

                   Nye

     (g) The lagoon south of Laughlin within sec. 33, T. 32 S., R. 66 E., M.D.B. & M., as marked with signs or buoys, or both........................................................................

                 Clark

     (h) Likes Lake......................................................................................................

            Churchill

     (i) The Pitt Taylor Arm of Rye Patch Reservoir......................................................

             Pershing

     (j) Illipah Reservoir...............................................................................................

         White Pine

     (k) Mason Valley Wildlife Management Area........................................................

                  Lyon

     (l) Upper Wall Canyon Reservoir..........................................................................

             Washoe

     (m) Echo Canyon Reservoir..................................................................................

               Lincoln

     (n) Silver Creek Reservoir.....................................................................................

         White Pine

     (o) Key Pittman Wildlife Management Area...........................................................

               Lincoln

     (p) Colorado River, the backwater south of Big Bend of the Colorado State Recreation Area within sec. 5, T. 33 S., R. 66 E., M.D.B. & M., as marked with signs or buoys, or both........................................................................................................

                 Clark

 

     2.  All boat harbors and other areas designated by buoys on any of the following waters are zones in which a vessel must be operated at a speed that leaves a flat wake, but in no case may a vessel be operated at a speed in excess of 5 nautical miles per hour:

 

     Waters

County

     (a) Lake Mead National Recreation Area..............................................................

                    Clark

     (b) South Fork Reservoir......................................................................................

                     Elko

     (c) Wildhorse Reservoir........................................................................................

                     Elko

     (d) Lake Tahoe, Zephyr Cove...............................................................................

                Douglas

               Cave Rock..................................................................................................

                Douglas

               Glenbrook Bay............................................................................................

                Douglas

               Round Hill Pines Beach................................................................................

                Douglas

               Sand Harbor................................................................................................

                Washoe

               Incline Village General Improvement District Boat Ramp...............................

                Washoe

               Crystal Shores West....................................................................................

                Washoe

     (e) Washoe Lake State Park.................................................................................

                Washoe

               County Boat Ramp......................................................................................

                Washoe

     (f) Walker Lake State Recreation Area.................................................................

                 Mineral

               Sportsmen’s Beach......................................................................................

                 Mineral

     (g) Lahontan Reservoir, Churchill Beach................................................................

               Churchill

               North Shore Marina.....................................................................................

               Churchill

               Silver Springs Beach....................................................................................

                    Lyon

     (h) Rye Patch Reservoir, Rye Patch Dam Access..................................................

               Pershing

     (i) Topaz Lake, Boat Ramps.................................................................................

                Douglas

     (j) Colorado River, adjacent to Harrah’s Casino in Laughlin...................................

                    Clark

     (k) Big Bend of the Colorado State Recreation Area, the lagoon used for launching boats

                    Clark

 

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 §§ 39 & 40, eff. 2-10-82]—(NAC A 12-1-82; 12-3-84, eff. 1-1-85; 12-3-90; 12-13-91; 12-16-92; 11-18-93; 10-13-95; R123-97, 11-14-97; R206-97, 6-19-98; R106-99, 10-27-99; R004-10, 4-20-2010)

q1w2e3NAC 488.458  Mooring or anchoring of vessels; placement and removal of mooring buoys.

      NAC 488.458  Mooring or anchoring of vessels; placement and removal of mooring buoys. (NRS 488.045, 488.059, 488.261, 501.181, 501.243)

     1.  The Commission hereby designates areas for mooring or anchoring vessels within the following locations:

     (a) On Lake Mohave, the location established as Cottonwood Cove by the Superintendent of the Lake Mead National Recreation Area.

     (b) On Lake Mead, the locations established as:

          (1) Boulder Harbor;

          (2) Calville Bay;

          (3) Echo Bay;

          (4) Las Vegas Bay; and

          (5) Overton Beach,

Ê by the Superintendent of the Lake Mead National Recreation Area.

     (c) On Lake Tahoe, Round Hill Pines Beach and Glenbrook Bay located in Douglas County.

     2.  Except as otherwise provided in subsection 4, the Commission hereby designates Zephyr Cove Marina located in Douglas County as an area for mooring vessels on Lake Tahoe.

     3.  The areas designated by the Commission pursuant to subsections 1 and 2 will be marked pursuant to NRS 488.265.

     4.  Vessels are prohibited from:

     (a) Anchoring or placing a temporary mooring buoy within the area designated pursuant to subsection 2.

     (b) Mooring or anchoring on the Colorado River within the area designated by buoys at Harrah’s Casino in Laughlin.

     5.  The Department will collect a fee of $30 for the issuance or renewal of a permit to place a mooring buoy in the nonnavigable waters of this State.

     6.  The Department will remove a mooring buoy that is unlawfully placed and, for the removal of such a mooring buoy, assess an administrative fine. The amount of the administrative fine will be $100 in addition to an amount equal to the cost to the Department for labor and equipment for the removal of the mooring buoy.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-16-92; A 11-23-94; R123-97, 11-14-97; R206-97, 6-19-98; R053-07, 6-17-2008)

q1w2e3NAC 488.460  Restrictions on noise; fee for certain permits; mufflers; tests of noise levels.

      NAC 488.460  Restrictions on noise; fee for certain permits; mufflers; tests of noise levels. (NRS 488.045, 488.195, 501.181, 501.243)

     1.  A person shall not operate a motorboat in such a manner as to exceed:

     (a) A noise level of 86 dB(A) measured at a distance of 50 feet or more from the motorboat as prescribed in SAE International Standards, SAE J34;

     (b) For engines manufactured:

          (1) Before January 1, 1993, a noise level of 90 dB(A) when subjected to a stationary sound level test conducted in accordance with SAE International Standards, SAE J2005; and

          (2) On or after January 1, 1993, a noise level of 88 dB(A) when subjected to a stationary sound level test conducted in accordance with SAE International Standards, SAE J2005; or

     (c) A noise level of 75 dB(A) measured as specified in SAE International Standards, SAE J1970, except that a measurement of noise level that is in compliance with this paragraph does not preclude the conducting of a test of noise level pursuant to paragraph (a) or (b),

Ê unless the person has a permit issued in accordance with paragraph (d) of subsection 3 of NRS 488.195 or subsection 4 of NRS 488.195. The fee for a permit issued in accordance with paragraph (d) of subsection 3 of NRS 488.195 is $25.

     2.  A person shall not operate or give permission for the operation of any motorboat in or upon the waters of this State if the motorboat is equipped with an altered muffler, muffler cutout, muffler bypass or any other device designed or installed so that it can be used continually or intermittently to bypass any muffler or muffler system installed on the motorboat, or to reduce or eliminate the effectiveness of such a muffler or muffler system.

     3.  A person shall not remove, alter or otherwise modify in any way a muffler or muffler system installed on a motorboat in such a manner as to prevent the muffler or muffler system from being operated in accordance with this section.

     4.  A peace officer authorized to enforce the provisions of this section who has reason to believe that a motorboat is being operated in violation of the noise levels established in this section may direct the operator of the motorboat to submit the motorboat to an on-site test to measure noise level. An operator of a motorboat who receives a request from a peace officer pursuant to this subsection to test the noise level of the motorboat shall allow the motorboat to be tested. If, based on a test to determine the noise level of a motorboat administered pursuant to this section, the noise level of the motorboat exceeds the decibel levels established in this section, the peace officer shall direct the operator of the motorboat to take immediate and reasonable measures to correct the violation, including, without limitation, returning the motorboat to a mooring and keeping the motorboat at the mooring until the motorboat no longer operates in violation of this section.

     5.  A copy of the conditions and restrictions for conducting a test of noise levels to determine if a motorboat is in violation of the maximum noise levels set forth in this section may be obtained free of charge from the main or any regional office of the Department.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 47, eff. 2-10-82]—(NAC A 3-13-97; R116-00, 3-29-2001)

q1w2e3NAC 488.465  Areas in which vessels prohibited.

      NAC 488.465  Areas in which vessels prohibited. (NRS 488.045, 488.059, 501.181, 501.243)  Vessels are prohibited in areas which are designated by signs or buoys as follows:

     1.  Within the Lake Mead National Recreation Area;

     2.  On the Colorado River:

     (a) Below Davis Dam; and

     (b) At the swimming area of Harrah’s Casino in Laughlin;

     3.  On Lake Tahoe at:

     (a) The main beaches at Sand Harbor and Divers’ Cove within Lake Tahoe State Park;

     (b) The swimming area of the Incline Village General Improvement District and Burnt Cedar Beach;

     (c) The swimming area of Galilee at the Episcopal Camp and Conference Center;

     (d) The swimming area of the Lakeridge General Improvement District;

     (e) The swimming area of the Glenbrook Homeowners’ Association;

     (f) The swimming area of the Hyatt Regency Lake Tahoe;

     (g) The swimming area of the Zephyr Cove Marina;

     (h) The swimming area of Crystal Shores West; and

     (i) The swimming and beach area adjacent to Nevada Beach described in 33 C.F.R. § 162.215;

     4.  At the dam and swim beach at the state recreation area in Rye Patch Reservoir;

     5.  At Lahontan Reservoir Dam;

     6.  At South Fork Reservoir Dam;

     7.  At Wildhorse Reservoir Dam;

     8.  At Eagle Valley Dam at Spring Valley State Park;

     9.  At Chimney Reservoir Dam in Humboldt County;

     10.  At the county swim beach at Topaz Lake; and

     11.  At the swimming area and diving area of Sparks Marina Park.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 37, eff. 2-10-82]—(NAC A 12-3-84, eff. 1-1-85; 1-2-86; 12-11-87; 12-3-90; 12-16-92; 11-23-94; 10-13-95; R123-97, 11-14-97; R105-99, 10-27-99; R116-00, 3-29-2001)

q1w2e3NAC 488.467  Restrictions on use of vessels in wildlife management areas.

      NAC 488.467  Restrictions on use of vessels in wildlife management areas. (NRS 488.045, 488.059, 501.105, 501.181, 501.243)

     1.  Except as otherwise provided in this section, use of vessels is restricted in the following wildlife management areas:

     (a) In the Overton Wildlife Management Area, located in Clark County, vessels are prohibited on all ponds. Vessels are allowed on the portion of the area inundated by Lake Mead, except that on Overton Hunt Days, vessels may be used only by persons authorized to hunt waterfowl.

     (b) In the Humboldt Wildlife Management Area, located in Churchill and Pershing Counties:

          (1) All vessels are prohibited on the ponds in the Humboldt and Toulon Sink areas 5 days before the opening day of the waterfowl season.

          (2) Airboats are prohibited on the Humboldt Sink until 1 hour after the legal shooting time on the opening day of the waterfowl season.

          (3) Airboats are prohibited on the Toulon portion of the area during the waterfowl season.

     (c) In the Mason Valley Wildlife Management Area, located in Lyon County, all vessels are prohibited from February 15 through August 15 of each year, except on:

          (1) Hinkson Slough;

          (2) Bass Pond;

          (3) Crappie Pond;

          (4) Beaver Slough;

          (5) The Walker River; and

          (6) North Pond.

     (d) In the Fort Churchill Cooling Pond Cooperative Wildlife Management Area, all vessels and floating devices, except for vessels used by employees of NV Energy in the performance of their official duties, are prohibited on the pond.

     (e) In the Wayne E. Kirch Wildlife Management Area, only vessels without motors may be used on the Dacey Reservoir from February 15 through August 15 of each year.

     2.  The provisions of subsection 1 do not apply to vessels owned, operated and used for official purposes by the Department.

     3.  For the purposes of this section, a vessel is being used if the vessel:

     (a) Is upon the waters of this State, including, without limitation, if it is tied or fastened to a dock, mooring or shore; and

     (b) Is not aground on the shore.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-16-87; A 12-16-92; 11-23-94; R206-97, 6-19-98; R116-00, 3-29-2001; R054-02, 11-19-2002, eff. 3-1-2003; R110-09, 1-28-2010)

q1w2e3NAC 488.470  Areas limited to vessels without motors and vessels powered by electric motors; exceptions.

      NAC 488.470  Areas limited to vessels without motors and vessels powered by electric motors; exceptions. (NRS 488.045, 488.059, 501.181, 501.243)

     1.  Only vessels without motors are permitted on the following waters:

 

     Waters

County

     (a) Angel Lake......................................................................................................

                   Elko

     (b) Blue Lake.......................................................................................................

           Humboldt

     (c) Marlette Lake..................................................................................................

             Washoe

 

     2.  Except as otherwise provided in subsection 3, only vessels without motors and vessels which are powered by electric motors are permitted on the following waters:

 

     Waters

County

     (a) Groves Lake..................................................................................................

                 Lander

     (b) Sparks Marina Park......................................................................................

               Washoe

     (c) The lagoon south of Laughlin within section 33, T. 32 S., R. 66 E., M.D.B. & M., as marked with signs or buoys, or both...............................................................

                   Clark

     (d) Spooner Lake...............................................................................................

               Douglas

 

     3.  The provisions of paragraph (b) of subsection 2 do not apply to a vessel that is:

     (a) Owned, operated and used for official purposes by the City of Sparks, Washoe County or the State of Nevada; or

     (b) Operating pursuant to a permit for a marine event that is requested by the City of Sparks and issued pursuant to NRS 488.305 and NAC 488.490 to 488.510, inclusive.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 38, eff. 2-10-82]—(NAC A 12-3-84, eff. 1-1-85; 10-16-87; 12-11-87; 12-13-91; R123-97, 11-14-97; R105-99, 10-27-99; R160-03, 1-20-2004; R006-04, 4-23-2004; R020-08, 6-17-2008)

q1w2e3NAC 488.476  Activities prohibited within Laughlin boating and fishermen’s access area.

      NAC 488.476  Activities prohibited within Laughlin boating and fishermen’s access area. (NRS 488.045, 488.059, 501.181, 501.243)  The following activities are prohibited within the Laughlin boating and fishermen’s access area, in Clark County, within sec. 12, T. 32 S., R. 66 E., M.D.B. & M., lots 13, 14, 15 and 16:

     1.  Camping in any type of motor vehicle or recreational vehicle;

     2.  Erecting a tent or structure for the purpose of sleeping or living in it;

     3.  Parking any type of motor vehicle or recreational vehicle or otherwise blocking or restricting the access of a person or vessel, to the boat ramp;

     4.  Being under the influence of a controlled substance or an intoxicating liquor, or consuming an intoxicating liquor;

     5.  Parking a bus hired to carry passengers or a semitrailer anywhere within the access area; or

     6.  Parking a motor vehicle in the access area in a location other than a designated parking space.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-3-90; A 3-21-96)

REGATTAS, RACES AND OTHER EVENTS

q1w2e3NAC 488.490  “Marine event” defined.

      NAC 488.490  “Marine event” defined. (NRS 488.045, 488.305, 501.181, 501.243)  As used in NAC 488.490 to 488.510, inclusive, “marine event” means any regatta, motorboat or other boat race, marine parade, tournament or exhibition on any waters of this State.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-13-97; A by R116-00, 3-29-2001)

q1w2e3NAC 488.492  Approval of marine event: Restriction; agreement to reimburse Department.

      NAC 488.492  Approval of marine event: Restriction; agreement to reimburse Department. (NRS 488.045, 488.305, 501.181, 501.243)

     1.  The Department shall not approve a marine event if the Director of the Department determines that providing the personnel and resources of the Department which would be necessary to ensure that the marine event is conducted safely will impair the ability of the Department to perform its other duties.

     2.  The Director may require a person in charge of a marine event to enter into an agreement to reimburse the Department as a condition of approval of the marine event if the Department reasonably anticipates that at least two protection units will be needed to ensure that the marine event is conducted safely. In determining whether the person in charge of such a marine event must enter into an agreement to reimburse the Department, the Director shall consider:

     (a) The type and nature of the marine event;

     (b) Whether the marine event will substantially increase or disrupt the normal traffic on the water;

     (c) Whether the marine event requires special consideration to be taken to ensure the safety of the spectators; and

     (d) Any other relevant factors that will assist the Department in determining whether the marine event will be conducted safely.

     3.  The Director shall not require a person in charge of a minor marine event to enter into an agreement to reimburse the Department as a condition of approval of the marine event if the Department reasonably anticipates that:

     (a) There will be small crowds of spectators attending the marine event; and

     (b) Not more than one protection unit will be needed to ensure that the marine event is conducted safely.

     4.  The amount for which a person in charge of a marine event must agree to reimburse the Department must be estimated based on the following:

     (a) For each officer or employee of the Department to work at the marine event:

          (1) At the hourly rate for the officer or employee at his or her existing pay grade;

          (2) For overtime, at a rate that is equal to one and one-half the hourly rate of the officer or employee; and

          (3) A per diem allowance and travel expenses provided for state officers and employees generally while performing official duties of the Department unless the person in charge of the marine event makes the necessary arrangements for the prepayment of meals and lodging for the Department personnel and the amount of the arrangements is equal to or greater than the state rate.

     (b) For each vessel, $70 per hour, plus the cost of the fuel used.

     (c) For each vehicle, $31 per day, plus a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

     5.  An agreement to reimburse the Department must include a provision which states that the person in charge of the marine event agrees that, if the amount of the actual cost incurred by the Department is greater than the amount of the estimated cost set forth in the agreement, the amount which must be reimbursed to the Department will be increased by the amount by which the actual cost exceeds the estimated cost or by an amount equal to 5 percent of the estimated cost, whichever is less.

     6.  The Director may require, as part of an agreement to reimburse the Department, the person in charge of a marine event to furnish a bond to ensure that reimbursement is made.

     7.  A person in charge of a marine event who has executed an agreement to reimburse the Department pursuant to this section shall remit a certified check for the appropriate amount to the Department not later than 14 days after the completion of the marine event.

     8.  The Department shall deposit any money received pursuant to an agreement to reimburse the Department into the Wildlife Fund Account in the State General Fund to be used to offset the costs incurred by the Department to ensure that the marine event to which the agreement relates was conducted safely.

     9.  An agreement to reimburse the Department must include a provision pursuant to which the person in charge of a marine event agrees to defend, protect, indemnify and hold harmless the State of Nevada, the Department and its officers, agents and employees from and against any and all claims, losses, suits and actions resulting from the activities of the person in charge of the marine event, its subcontractors, agents or employees under the written agreement and to pay all claims, damages, judgments, legal costs or any other expense or liability related thereto.

     10.  As used in this section:

     (a) “Agreement to reimburse the Department” means an agreement entered into by a person in charge of a marine event with the Department in accordance with NRS 488.305 pursuant to which the person agrees to reimburse the Department for expenses incurred by the Department to ensure that the event is conducted safely.

     (b) “Protection unit” means one officer and one patrol vessel or one patrol vehicle, or both a patrol vessel and patrol vehicle.

     (Added to NAC by Bd. of Wildlife Comm’rs by R116-00, eff. 3-29-2001; A by R020-08, 6-17-2008)

q1w2e3NAC 488.495  Temporary placement of buoy for practice courses or marine events; fee; administrative fine.

      NAC 488.495  Temporary placement of buoy for practice courses or marine events; fee; administrative fine. (NRS 488.045, 488.261, 501.181, 501.243)

     1.  A person who wishes to obtain a permit for the temporary placement of a buoy for practice courses or marine events must submit an application to the Department on a form provided by the Department. The application must be submitted at least 30 days before the date of the proposed placement and must include:

     (a) The name and telephone number of the person responsible for ensuring that the conditions of the permit are complied with; and

     (b) A diagram or map identifying the number of buoys to be placed and a description of the placement of the buoys.

     2.  If a permit for the temporary placement of a buoy for a practice course is issued, any buoy placed in the water under authority of the permit:

     (a) May not interfere with the normal flow of traffic for boats or with the use of water or shoreline areas already in use by other recreational users;

     (b) May not be left in place overnight;

     (c) Must be in an area which is of sufficient size so that the course is a minimum of 100 feet from any shoreline and 500 feet from any beach frequented by bathers or swimmers;

     (d) Must be placed for recreational purposes unless otherwise authorized pursuant to a permit issued for a marine event; and

     (e) Must be in compliance with all other applicable federal and state regulations.

Ê No practice course may have more than six turns as determined by the placement of the buoys, and only one motorboat at any given time may be driven or navigated through a practice course.

     3.  The Department shall collect:

     (a) For the issuance of a permit for the temporary placement of a buoy for practice courses for which 10 buoys or less are needed, a fee of $25. If more than 10 buoys are needed, a fee of $50 must be collected.

     (b) For a permit for the temporary placement of buoys for marine events, a fee of $50. The Department shall not collect a fee for a permit issued to a charitable organization for the temporary placement of buoys for marine events.

     4.  A permit for the temporary placement of a buoy for practice courses or marine events may be revoked or suspended if:

     (a) The person responsible for the temporary placement of the buoy fails to comply with all applicable statutes and regulations concerning the buoy; or

     (b) The buoy becomes a hazard to navigation.

     5.  The Department shall:

     (a) Remove any buoys which are determined to be unlawfully placed; and

     (b) Assess an administrative fine of $100 for the removal of such buoys and assess an additional fine in an amount equal to the cost to the Department in labor and equipment for the removal.

     6.  The provisions of this section do not apply within the Lake Mead National Recreation Area. The placement of any buoy within that area must be in accordance with the conditions or restrictions on a use or activity imposed by the Superintendent of the Lake Mead National Recreation Area pursuant to the provisions of subparagraph (2) of paragraph (a) of 36 C.F.R. § 1.5 and effective on October 8, 1994. The provisions of such conditions or restrictions may be enforced by the Department.

     7.  A copy of the conditions or restrictions specified in subsection 6 may be obtained free of charge from the Superintendent of the Lake Mead National Recreation Area, 601 Nevada Highway, Boulder City, Nevada 89005 or from the main or any regional office of the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94)

q1w2e3NAC 488.500  Diagram of course for marine event; fee.

      NAC 488.500  Diagram of course for marine event; fee. (NRS 488.045, 488.305, 501.181, 501.243)

     1.  The person in charge of any marine event must enclose with his or her application to the Department for permission to hold a marine event a diagram of the course showing the placement of safety patrols and a description of all other steps taken to ensure the safety of all participants, observers and spectators, whether afloat or on land.

     2.  The fee for a marine event is $50. The fee will be waived if the applicant is required to obtain a permit for the temporary placement of buoys for marine events pursuant to paragraph (b) of subsection 3 of NAC 488.495.

     [Bd. of Wildlife Comm’rs, Motorboat Reg. No. 100 § 43, eff. 2-10-82]—(NAC A 3-13-97)

q1w2e3NAC 488.510  Spectators prohibited from area designated as closed in permit.

      NAC 488.510  Spectators prohibited from area designated as closed in permit. (NRS 488.045, 488.305, 501.181)

     1.  A spectator shall not enter any area designated as closed in a permit issued by the Department for a marine event.

     2.  As used in this section, spectator means any person who is not a participant in the marine event or part of the safety patrol at the location and time designated in the permit for the event.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-3-90; A 3-13-97)

AQUATIC INVASIVE SPECIES

q1w2e3NAC 488.520  Duties of person required to decontaminate vessel or conveyance.

      NAC 488.520  Duties of person required to decontaminate vessel or conveyance. (NRS 488.035, 488.045)

     1.  Except as otherwise provided in this section, a person required to decontaminate a vessel or conveyance pursuant to paragraph (c) of subsection 1 of NRS 488.530 shall:

     (a) Inspect all exposed surfaces on the vessel or conveyance;

     (b) Remove and kill all aquatic invasive species that are visible on the vessel or conveyance;

     (c) Remove all aquatic plant material and any other debris visible on the vessel or conveyance;

     (d) Inspect, clean and dry each item on the vessel or conveyance, including, without limitation, each life jacket, water ski, anchor, rope and piece of equipment for fishing;

     (e) At or reasonably near the site at which the vessel or conveyance is taken out of the impaired body of water, drain all water from the vessel or conveyance and from any equipment on the vessel or conveyance, including, without limitation, any water held in a ballast tank, motor cooling system, bilge, live well, motor or lower outboard unit;

     (f) Wash the vessel and any portion of the conveyance that was in contact with the impaired body of water with high-pressure hot water; and

     (g) Allow the vessel or conveyance to dry for not less than the period recommended by the Drying Time Estimator of the 100th Meridian Initiative, which is available at its website, http://www.100thmeridian.org/.

     2.  In lieu of complying with the provisions of subsection 1, the person may decontaminate the vessel or conveyance at an inspection station for aquatic invasive species using any method approved by the Department for that inspection station.

     (Added to NAC by Bd. of Wildlife Comm’rs by R048-12, eff. 11-1-2012)

q1w2e3NAC 488.523  Fee.

      NAC 488.523  Fee. (NRS 488.045, 488.536)

     1.  The amount of the aquatic invasive species fee required pursuant to NRS 488.536 is:

     (a) For a motorboat which is owned or operated by a person who is a resident of this State, $10;

     (b) For a vessel, other than a motorboat, which is owned or operated by a person who is a resident of this State, $5;

     (c) For a motorboat which is owned or operated by a nonresident of this State, $20; and

     (d) For a vessel, other than a motorboat, which is owned or operated by a nonresident of this State, $10.

     2.  For the purpose of NRS 488.536, the Commission will interpret “resident of this State” to mean a person who, during the 6 months before the person’s application to the Department for an aquatic invasive species decal:

     (a) Maintained his or her principal and permanent residence in this State; and

     (b) Was physically present in this State, except for temporary absences.

     3.  As used in this section, “principal and permanent residence” means a place where a person is legally domiciled and maintains a permanent habitation in which the person lives and to which the person intends to return when he or she leaves this State. The term does not include merely owning a residence in this State.

     (Added to NAC by Bd. of Wildlife Comm’rs by R049-12, 11-1-2012, eff. 1-1-2013)

q1w2e3NAC 488.525  Decals.

      NAC 488.525  Decals. (NRS 488.045)

     1.  The aquatic invasive species decal issued by the Department for an inflatable vessel with an inflatable transom may be attached to a removable plate that is securely attached to the port side transom of the vessel.

     2.  Each aquatic invasive species decal issued by the Department:

     (a) For a vessel which is owned and operated by a resident of this State must be designated with the letter “R” on the face of the decal;

     (b) For a vessel which is owned and operated by a nonresident of this State must be designated with the letters “NR” on the face of the decal;

     (c) Must be approximately 3 inches square; and

     (d) On and after January 1, 2013, must be issued in an annual rotation of the colors blue, international orange, green and red.

     (Added to NAC by Bd. of Wildlife Comm’rs by R049-12, 11-1-2012, eff. 1-1-2013)

q1w2e3NAC 488.527  Exception.

      NAC 488.527  Exception. (NRS 488.045)  The provisions of NAC 488.520, 488.523 and 488.525 do not apply to a vessel which is not capable of retaining water.

     (Added to NAC by Bd. of Wildlife Comm’rs by R049-12, 11-1-2012, eff. 1-1-2013)

DISPOSAL OF WASTE

q1w2e3NAC 488.530  Marine sanitation devices: Approval; barriers or methods of securing.

      NAC 488.530  Marine sanitation devices: Approval; barriers or methods of securing. (NRS 488.045, 488.320, 501.181)

     1.  For purposes of NRS 488.320, a marine sanitation device shall be deemed approved by the United States Coast Guard if:

     (a) It complies with the provisions of 33 C.F.R. § 159; and

     (b) It is legibly labeled as meeting those requirements.

     2.  To secure adequately a marine sanitation device for the purpose of preventing the intentional, accidental or surreptitious use of the device in violation of NRS 488.320, a physical barrier or other method which accomplishes that purpose must be used or placed on the device. The barriers or methods may include the closing and padlocking of the seacock, using a tie made of wire which is incapable of being released, using heavy tape or removing the handle of the seacock. If a marine sanitation device is equipped with a Y valve which allows sewage to be directly discharged from the vessel into the waters of this State, the valve must be secured in the closed position anytime the vessel is in the waters of this State.

     3.  As used in this section, “marine sanitation device” has the meaning ascribed to it in NRS 488.320.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94)

q1w2e3NAC 488.535  Prohibited discharges.

      NAC 488.535  Prohibited discharges. (NRS 488.045, 488.320, 501.181)

     1.  A person shall not discharge into the waters of this State:

     (a) The contents of a holding tank or portable device; or

     (b) Any bilge water or graywater,

Ê which contains oil, fuel or other contaminants which are not biodegradable.

     2.  As used in this section:

     (a) “Bilge water” means water which collects by seepage or leakage in the bilge of a vessel.

     (b) “Discharge” means to spill, leak, pump, pour, emit, empty or dump.

     (c) “Graywater” means untreated wastewater which has not come into contact with waste from toilets. The term includes used water from a bathtub, shower, washbasin, washing machine, laundry tub, galley sink or dishwasher.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94)

q1w2e3NAC 488.540  Violation of provisions.

      NAC 488.540  Violation of provisions. (NRS 488.045, 488.320, 501.181)

     1.  If a public agency removes, contains or otherwise abates any contamination resulting from a violation of NRS 488.320 or NAC 488.530 or 488.535, a civil penalty in the amount equal to the costs of the removal, containment or abatement must be assessed against the person causing the violation. The penalty assessed must be made payable to the agency or agencies which incurred the cost.

     2.  If an operator or owner of a vessel is determined to have violated any of the provisions of subsection 1 of NRS 488.320 or NAC 488.530 or 488.535, the operator or owner shall immediately remove the vessel from the waters of this State until the violations are corrected. The certificate of number of the vessel must also be suspended until the operator or owner has the vessel inspected and a determination is made by the Department that the vessel is in compliance with the provisions of subsection 1 of NRS 488.320 and NAC 488.530.

     3.  Both the operator and the owner of a vessel which is maintained or operated upon the waters of this State in violation of the provisions of subsection 1 of NRS 488.320 or NAC 488.530 shall be jointly and severally liable for each violation.

     4.  A person who violates any of the provisions of NRS 488.320 or NAC 488.530 shall pay to the Department:

     (a) For the first violation, a civil penalty of not less than $250.

     (b) For the second violation, a civil penalty of not less than $1,000.

     (c) For the third or subsequent violation, a civil penalty of not less than $2,000.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94)

EDUCATION IN SAFE BOATING

q1w2e3NAC 488.553  Definitions.

      NAC 488.553  Definitions. (NRS 488.045, 501.181)  As used in NAC 488.553 to 488.586, inclusive, unless the context otherwise requires, the words and terms defined in NAC 488.556 to 488.569, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.556  “Boat Nevada correspondence course and self test” defined.

      NAC 488.556  “Boat Nevada correspondence course and self test” defined. (NRS 488.045, 501.181)  “Boat Nevada correspondence course and self test” means the course in safe boating and examination provided by the Department that is taken at home without a proctor.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.559  “Boater education card” defined.

      NAC 488.559  “Boater education card” defined. (NRS 488.045, 501.181)  “Boater education card” means the certificate issued by the Department as evidence of successful completion of a course in safe boating or passage of a proficiency examination with a minimum score of 80 percent.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.563  “Course in safe boating” defined.

      NAC 488.563  “Course in safe boating” defined. (NRS 488.045, 501.181)  “Course in safe boating” means a course of instruction in safe boating that is approved by the National Association of State Boating Law Administrators.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.566  “Proctor” defined.

      NAC 488.566  “Proctor” defined. (NRS 488.045, 501.181)  “Proctor” means a person who is a member of:

     1.  The Department;

     2.  The United States Coast Guard Auxiliary;

     3.  The United States Power Squadrons; or

     4.  Another organization that is authorized by the Department to provide courses in safe boating or to give proficiency examinations.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.569  “Proficiency examination” defined.

      NAC 488.569  “Proficiency examination” defined. (NRS 488.045, 501.181)  “Proficiency examination” means a test on safe boating that:

     1.  Is administered by a proctor; and

     2.  Tests the knowledge of information included in the curriculum of a course in safe boating.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.573  Issuance of boater education card to person who successfully completes Boat Nevada correspondence course or proficiency examination; methods of compliance; information on courses.

      NAC 488.573  Issuance of boater education card to person who successfully completes Boat Nevada correspondence course or proficiency examination; methods of compliance; information on courses. (NRS 488.045, 488.730, 488.750, 501.181)

     1.  The Department shall issue a boater education card, without fee, to any person who submits the information required in subsection 2 of NRS 488.750 and who:

     (a) Completes the Boat Nevada correspondence course and self test with a minimum score of 80 percent; or

     (b) Receives a minimum score of 80 percent on a proficiency examination.

     2.  A person who wishes to take a proficiency examination pursuant to subsection 1 may request an examination appointment at any office of the Department during regular business hours, Monday through Friday.

     3.  A person may obtain the Boat Nevada correspondence course and self test by:

     (a) Requesting the material in person at any of the offices of the Department;

     (b) Mailing a request in writing to the Department of Wildlife, 1100 Valley Road, Reno, Nevada 89512; or

     (c) Visiting the Internet website of Boat Nevada at http://www.boatnevada.org.

     4.  A person may obtain information on available courses in safe boating by:

     (a) Requesting the information in person or by telephone from any of the regional offices of the Department;

     (b) Mailing a request to the Department of Wildlife, 1100 Valley Road, Reno, Nevada 89512; or

     (c) Visiting the Internet website of Boat Nevada at http://www.boatnevada.org.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.576  Issuance of boater education card to person who submits certain documentation.

      NAC 488.576  Issuance of boater education card to person who submits certain documentation. (NRS 488.045, 488.730, 488.750, 501.181)

     1.  The Department shall issue a boater education card, without fee, to any person who submits to any of the offices of the Department by mail or in person the information required in subsection 2 of NRS 488.750 and one of the following items:

     (a) A certificate of completion issued by the United States Power Squadrons, United States Coast Guard Auxiliary or any other organization that is approved by the National Association of State Boating Law Administrators;

     (b) A certificate, card or other official document issued by a proctor stating that the person has passed a proficiency examination with a minimum score of 80 percent;

     (c) A valid United States Coast Guard operator’s license or an equivalent license issued by the Canadian Coast Guard; or

     (d) A copy of a certificate, card or other official document issued by another jurisdiction of the United States or by Canada that is equivalent to the boater education card issued by the Department.

     2.  If an original certificate, card or other official document described in subsection 1 is unavailable, a person may submit a signed statement from a course provider approved by the National Association of State Boating Law Administrators stating that the person has successfully completed a course in safe boating or has passed a proficiency examination with a minimum score of 80 percent.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.579  Prerequisites to issuance of duplicate boater education card.

      NAC 488.579  Prerequisites to issuance of duplicate boater education card. (NRS 488.045, 501.181)  A holder of a lost or destroyed boater education card may be issued a duplicate boater education card by the Department if he or she:

     1.  Submits to the Department a written statement attesting that the boater education card has been lost or destroyed; and

     2.  Submits to the Department an original certificate, card or other official document as described in NAC 488.576 or provides to the Department his or her name, date of birth and the number of the original boater education card.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.583  Instructor of course in safe boating: Prerequisites.

      NAC 488.583  Instructor of course in safe boating: Prerequisites. (NRS 488.045, 488.740, 501.181)

     1.  A person who would like to teach a course in safe boating may apply with the Department to become an approved instructor.

     2.  An applicant to become an approved instructor must:

     (a) Submit a copy of his or her boater education card;

     (b) Agree to use the course outline provided by the Department or submit a course outline of his or her own to be approved by the Department; and

     (c) Complete the instructor training program of the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)

q1w2e3NAC 488.586  Provider of course in safe boating: Imposition of fee; submission of information regarding persons who successfully complete course.

      NAC 488.586  Provider of course in safe boating: Imposition of fee; submission of information regarding persons who successfully complete course. (NRS 488.045, 488.750, 501.181)

     1.  A provider of a course in safe boating who is approved by the National Association of State Boating Law Administrators may charge a reasonable fee for any course materials.

     2.  To facilitate the issuance of boater education cards by the Department, a provider of a course in safe boating who is approved by the National Association of State Boating Law Administrators may submit to the Department, in lieu of issuing individual certificates of completion:

     (a) A list of the persons who have successfully completed a course in safe boating; and

     (b) The information required in subsection 2 of NRS 488.750 for each person on the list.

     (Added to NAC by Bd. of Wildlife Comm’rs by R022-03, eff. 10-30-2003)