d provided in subsection 4, the application shall be deemed to be approved by the Department. (Added to NRS by 1993, 861; A 2003, 1574) NRS 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) NRS 488.263 Permit not required for temporary mooring buoy. 1. A permit is not required for a temporary mooring buoy. 2. As used in this section, a “temporary mooring buoy” is a buoy for the temporary anchorage of a vessel that is removed within 72 hours after the time it is placed. (Added to NRS by 1993, 862) NRS 488.265 Anchoring or mooring vessel which obstructs passageway prohibited; exceptions. 1. Except as otherwise provided in subsection 2, a person shall not anchor or moor a vessel in such a position as to obstruct a passageway ordinarily used by other vessels. As used in this subsection, a “passageway ordinarily used by other vessels” includes: (a) A river channel or the entrance to a harbor or marina; and (b) That area within a 100-yard radius of a boat ramp built and maintained with public money. 2. A person may anchor or moor a vessel in an area designated for that purpose by the Commission and marked at the corners with yellow can buoys. The buoys must emit a flashing yellow light from sunset to sunrise. (Added to NRS by 1957, 570; A 1960, 483; 1985, 343; 1991, 856) NRS 488.285 Mooring to buoy or navigational aid prohibited; interference with buoy or navigational aid without written authorization prohibited; exception; penalties. 1. Except as otherwise provided in subsection 2: (a) A person shall not moor any vessel to any buoy or navigational aid placed in any waterway by authority of the United States or any other governmental authority, or in any manner attach a vessel to any such buoy or navigational aid. (b) A person shall not place, move, remove, destroy or tamper with any buoy or other navigational aid without written authorization from the Department. 2. The provisions of subsection 1 do not apply to mooring buoys. 3. A person who violates a provision of subsection 1 shall be punished: (a) If no injury results from the violation, for a misdemeanor. (b) If bodily injury or property damage in excess of $200 results from the violation, for a gross misdemeanor. (c) If a human death results from the violation, for a category D felony as provided in NRS 193.130. 4. Nothing in this section requires 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 navigable waters of this state. (Added to NRS by 1957, 570; A 1960, 483; 1985, 343; 1989, 1773; 1993, 864, 1652; 1995, 547, 1302; 2003, 1575) ABANDONED VESSELS NRS 488.291 Abandonment prohibited; evidence of responsibility for abandonment; removal of vessel from public waterway. 1. A person shall not abandon a vessel upon a public waterway or public or private property without the consent of the owner or person in lawful possession or control of the property. 2. The abandonment of any vessel in a manner prohibited by subsection 1 is prima facie evidence that the last registered owner of record, unless he has notified the Department or other appropriate agency of his relinquishment of title or interest therein, is responsible for the abandonment. The person so responsible is liable for the cost of removal and disposition of the vessel. 3. A game warden, sheriff or other peace officer of this state may remove a vessel from a public waterway when: (a) The vessel is left unattended and is adrift, moored, docked, beached or made fast to land in such a position as to interfere with navigation or in such a condition as to create a hazard to other vessels using the waterway, to public safety or to the property of another. (b) The vessel is found upon a waterway and a report has previously been made that the vessel has been stolen or embezzled. (c) The person in charge of the vessel is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal. (d) An officer arrests a person operating or in control of the vessel for an alleged offense, and the officer is required or permitted to take, and does take, the person arrested before a magistrate without unnecessary delay. (e) The vessel seriously interferes with navigation or otherwise poses a critical and immediate danger to navigation or to the public health, safety or welfare. (Added to NRS by 1993, 221; A 2003, 1575) NRS 488.293 Authority of peace officer to identify registered owner of vessel abandoned on private property; peace officer to notify Department of removal of abandoned vessel; law enforcement agency to notify owner or holder of security interest regarding location of and procedure for claiming vessel; waiver of interest in vessel; transfer of ownership to law enforcement agency. 1. A peace officer may attempt to identify the registered owner of a vessel abandoned on private property by inspection of the vessel and any trailer to which it is attached and may supply the information to the property owner. The property owner must declare by affidavit the reasons why he believes the property to b

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