Nev. Rev. Stat. § 488.035

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 488.035 - Definitions

As used in this chapter, unless the context otherwise requires:

1. "Aquatic invasive species" means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.
2. "Aquatic plant material" means aquatic plants or parts of plants that are dependent on an aquatic environment to survive.
3. "Commission" means the Board of Wildlife Commissioners.
4. "Conveyance" means a motor vehicle, trailer or any other equipment used to transport a vessel or containers or devices used to haul water on a vessel that may contain or carry an aquatic invasive species or aquatic plant material.
5. "Decontaminate" means eliminate any aquatic invasive species on a vessel or conveyance in a manner specified by the Commission which may include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.
6. "Department" means the Department of Wildlife.
7. "Flat wake" means the condition of the water close astern a moving vessel that results in a flat wave disturbance.
8. "Hull identification number" means the number assigned to a vessel pursuant to 33 C.F.R. Part 181, Subpart C.
9. "Human-powered vessel" means a vessel propelled by human power.
10. "Interstate waters of this State" means waters forming the boundary between the State of Nevada and an adjoining state.
11. "Legal owner" means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the State or any political subdivision of the State under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.

12. "Mechanically propelled personal hydrofoil" means a power-driven vessel that consists of a board fitted with a mast extending below the board that is attached to a fuselage with a forward wing, rear stabilizer and electric motor or internal combustion engine.
13. "Motorized surfboard" means a power-driven vessel that consists of a board using a surfboard-type design fitted with either an electric motor or internal combustion engine.
14. "Operate" means to navigate or otherwise use a vessel.
15. "Owner" means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he or she lends, rents or pledges the vessel;
(b) A debtor under a security agreement relating to a vessel ; or
(c) A person, other than a secured party, who has a property right with regard to a human-powered vessel, including, without limitation, a person entitled to use or possess a human-powered vessel subject to a security interest of another person.

"Owner" does not include a person defined as a "legal owner" under subsection 11 or a person who is leasing a vessel where the vessel is not a security interest under the lease.

16. "Person" has the meaning ascribed to it in NRS 0.039 and includes, without limitation, a governmental entity.
17. "Power-driven vessel" means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. The term includes, without limitation:
(a) A mechanically propelled personal hydrofoil;
(b) A motorized surfboard; and
(c) A vessel equipped with both a sail and a motor.
18. "Prohibited substance" has the meaning ascribed to it in NRS 484C.080.
19. "Registered owner" means the person registered by the Department as the owner of a vessel.
20. "Sailing vessel" means a vessel that is propelled by wind power and is not equipped with a motor.
21. "State hull number" means a hull number issued for a vessel by the Department that meets the requirements prescribed by the United States Coast Guard, including, without limitation, 33 C.F.R. § 174.16 and 33 C.F.R Part 181, Subpart C.
22. "State of principal operation" means the state in whose waters a vessel is or will be operated most during a calendar year.
23. "Under the influence" means impaired to a degree that renders a person incapable of safely operating or exercising actual physical control of a vessel.
24. A vessel is "under way" if it is adrift, making way or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.
25. "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
26. "Waters of this State" means any waters within the territorial limits of this State.

NRS 488.035

Added to NRS by 1960, 474; A 1965, 1060; 1967, 127; 1971, 756; 1979, 911; 1985, 519, 1962; 1991, 853; 1993, 222; 1999, 3430; 2003, 1567; 2011, 2404; 2015, 36, 2541
Amended by 2023, Ch. 108,§8, eff. 7/1/2023.
Amended by 2015, Ch. 9,§2, eff. 3/16/2015 for the purposes of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, op. 1/1/2016.
Added to NRS by 1960, 474; A 1965, 1060; 1967, 127; 1971, 756; 1979, 911; 1985, 519, 1962; 1991, 853; 1993, 222; 1999, 3430; 2003, 1567; 2011, 2404, effective January 1, 2012