488.261 - Mooring buoy: Permit for placement in nonnavigable waters; permit for temporary placement; regulations and enforcement.
488.261 Mooring buoy: Permit for placement in nonnavigable waters; permit for temporary placement; regulations and enforcement.
1. The Department may issue to any person a permit to place a mooring buoy in the nonnavigable waters of this state. The Department shall charge and collect a fee in the amount set by the Commission for each permit issued pursuant to this subsection. Unless suspended or revoked by the Department, a permit issued pursuant to this subsection is valid through December 31 of the year in which it is issued. Such a permit may be renewed annually by paying the fee set by the Commission on or before January 1 of each year.
2. The Department may issue a permit for the temporary placement of a buoy, other than a navigational aid, for practice courses or marine events. The Department shall charge and collect a fee in the amount set by the Commission for each permit issued pursuant to this subsection. Unless suspended or revoked by the Department, a permit issued pursuant to this subsection is valid for the period indicated on the face of the permit which must not exceed 6 months.
3. The Commission shall adopt by regulation fees for:
(a) The issuance and renewal of permits for mooring buoys pursuant to subsection 1 which must not be more than $100 for each buoy per year.
(b) The issuance of permits for the temporary placement of buoys for practice courses or marine events pursuant to subsection 2 which must not be more than $50 per buoy.
4. The Commission may:
(a) Adopt such regulations as are necessary to carry out the provisions of NRS 488.257 to 488.285, inclusive; and
(b) Establish a schedule of administrative fines for the violation of those regulations which may be assessed in addition to any criminal penalties for the same act.
5. The Department is responsible for the enforcement of the laws of this state governing mooring buoys and may:
(a) Revoke or suspend a permit for a mooring buoy issued pursuant to subsection 1 or 2 or by the Division of State Lands of the State Department of Conservation and Natural Resources if:
(1) The person responsible for the buoy fails to comply with all applicable statutes and regulations concerning the buoy; or
(2) The buoy becomes a hazard to navigation.
(b) Remove any mooring buoy determined to be unlawfully placed.
6. This section does not require an agency of this state or the United States Government to obtain written authorization to place, move, remove, destroy or tamper with buoys or navigational aids on the navigable waters of this state.
(Added to NRS by 1993, 862; A 2003, 1574)