Section 163-3-001 - DefinitionsUnder authority of and in compliance with sections 37-1201 through 37-1274, R.R.S. 1993, the following regulations are prescribed by the Nebraska Game and Parks Commission and are effective following enactment by the Game and Parks Commission, approval by the Attorney General and Governor, and when five days have elapsed since filing with the Secretary of State.
001.01 Horsepower This term means the rated horsepower of the engine or motor or other power unit at maximum operating revolutions per minute. If revolutions per minute is not an applicable term to the power unit involved, the standard measurements for the particular type unit shall be used.
001.01A Determination of Horsepower - In general, for existing and new equipment, the manufacturer's rates horsepower at a stated maximum operating R.P.M. as set forth on the name plate attached to the engine, or as stamped on the engine, or as described in a "book of instructions", or other literature issued for such engine will be accepted as prima facie evidence of the horsepower of the machinery in question. In the event the machinery does not have marked thereon or accompanying it any literature or tag setting forth the manufacturer's rated horsepower, or should the Commission or its agents or other enforcement officers dispute the manufacturer's rated horsepower, then the listing of the horsepower of reliable sources will be accepted as prima facie evidence of the horsepower. In the event the owner or operator of a power propelled vessel disagrees with the findings of the Commission, its agents, or other law enforcement officers as to the actual horsepower of the propellant machinery in question, it shall be the responsibility of such owner or operator to prove to the satisfaction of the Commission, its agents or other law enforcement officers the actual horsepower of the propelling machinery.
001.01B Machinery - This term includes inboard and outboard engines and all other types of engines or mechanical devices capable of propelling vessels.001.01C Operator - This term means the person who operates or who has charge of the navigation or use of a motorboat or vessel.001.01D Ship's Lifeboat - This term means lifeboats used solely for lifesaving purposes and does not include dinghies, tenders, speed boats or other types of craft carried aboard or towed by any vessel and used for other than lifesaving purposes.001.01E State -- This term means a state of the United States, its boundary waters, a territory of the United States or the District of Columbia.001.01H Starboard -- Right001.01J Beam -- Widest part of the boat001.01K Abaft the beam -- To the rear001.01L Wake -- The swell, moving waves, track, path, or water pattern astern of a vessel passing through water001.01M No Wake Speed -- A speed at which the vessel does not produce a wake, not to exceed 5 miles per hour.163 Neb. Admin. Code, ch. 3, § 001