e abandoned. The property owner must give 5 days’ notice to the last registered owner before causing the removal of the vessel. If the last registered owner is unknown or cannot be notified, the vessel may immediately be removed to a secure location designated by a peace officer. 2. A peace officer shall, within 48 hours after directing the removal of an abandoned vessel on a public waterway or public or private property, notify the Department of the status of the vessel. 3. A law enforcement agency that has custody of an abandoned vessel shall, if the agency knows or can reasonably discover the name and address of the owner of the vessel or any person who holds a security interest in the vessel, notify the owner or the holder of the security interest of the location of the vessel and the method by which the vessel may be claimed. The notice must be sent by certified or registered mail. 4. If the abandoned vessel is held by a law enforcement agency as evidence in the investigation or prosecution of a criminal offense, the notice required by subsection 3 must be sent: (a) Upon the decision of the law enforcement agency or district attorney not to pursue or prosecute the case; (b) Upon the conviction of the person who committed the offense; or (c) If the case is otherwise terminated. 5. Failure to reclaim the vessel within 180 days after the date the notice is mailed constitutes a waiver of interest in the vessel by any person having an interest in the vessel and the vessel shall be deemed abandoned for all purposes. 6. If all recorded interests in a vessel are waived, as provided in subsection 5 or by written disclaimer, the Department may issue a certificate of ownership to the law enforcement agency that has custody of the vessel. If necessary, the Department may assign a hull number to the vessel. This subsection does not preclude the subsequent return of a vessel, or any component part thereof, by a law enforcement agency to the registered owner of the vessel upon presentation by the registered owner of satisfactory proof of ownership. 7. A law enforcement agency to which a certificate of ownership is issued pursuant to subsection 6 may use, sell or destroy the vessel, and shall keep a record of the disposition of the vessel. If the law enforcement agency: (a) Sells the vessel, all proceeds from the sale of the vessel become the property of the law enforcement agency. (b) Destroys the vessel, the law enforcement agency shall, within 10 days, give notice of the destruction of the vessel to the Department. (Added to NRS by 1993, 222; A 1999, 730; 2003, 1576) BOAT LIVERIES NRS 488.295 Duties of owner; records and equipment. 1. The owner of a boat livery shall keep a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat, the identification number thereof, and the departure date and time, and the expected time of return. The record shall be preserved for at least 6 months. 2. The owner of a boat livery or his agent or employee shall not permit any motorboat, or any vessel designed or permitted by him to be operated as a motorboat, to depart from his premises unless it has been provided, either by owner or renter, with the equipment required by NRS 488.187, 488.193, 488.198 and 488.540 and any regulations made pursuant thereto. (Added to NRS by 1960, 479; A 1977, 138) REGATTAS AND RACES NRS 488.305 Authority of Department to authorize events; regulations concerning safety; application for permission; reimbursement of Department; contents of application; compliance with federal law. 1. The Department may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. The Commission shall adopt regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants. 2. At least 30 days before a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof must file an application with the Department for permission to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition. No such event may be conducted without the written authorization of the Department. 3. The Director of the Department may require an applicant, or the sponsor of the event, as a condition of the approval of a regatta, motorboat or other boat race, marine parade, tournament or exhibition, to enter into an agreement to reimburse the Department for expenses incurred by the Department to ensure that the event is conducted safely, including, without limitation, expenses for equipment used, expenses for personnel and general operating expenses. 4. The application must set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition, the type of vessels participating, the number and kind of navigational aids required and the name of a person who will be present at the event to ensure that the conditions of the permit are satisfied. 5. The provisions of this section do not exempt any person from compliance with applicable federal law or regulation. (Added to NRS by 1960, 481; A 1965, 1067; 1971, 760; 1981, 167; 1985, 1969; 1989, 1774; 1993, 1652; 1999, 729; 2003, 1577) DIVERS NRS 488.310 Display of diver’s flag required; operation of vessel within 100 feet of flag prohibited; operation of vessel within 200 feet of flag limited; exception for emergencies. 1. A person shall display a diver’s flag when diving or swimming below the water’s surface with the aid of a breathing device. The diver’s flag must be: (a) At least 12 inches in height by 12 inches in width with a red background and a white diagonal stripe that is one-fifth the width of the flag; (b) Attached to a float, buoy or boat which is visible to approaching vessels and which, between sunset and sunrise, has a light attached; and (c) Prominently displayed within 100 feet of the location of the diver or swimmer. 2. A person shall not display a diver’s flag on the waters of this state unless he is diving or swimming below the water’s surface with the aid of a breathing device, in the vicinity of the diver’s flag. 3. Except in the case of an emergency, a person shall not operate a vessel other than the diver’s support vessel within 100 feet of a diver’s flag. 4. Except in the case of an emergency, a person who operates a vessel at a distance of more than 100 feet but less than 200 feet of a diver’s flag shall operate that vessel at a speed that leaves a flat wake, but in no case may the vessel be operated at a speed greater than 5 nautical miles per hour. (Added to NRS by 1991, 853; A 1993, 1025) DISPOSAL OF WASTE NRS 488.320 Use of approved marine sanitation device required; unlawful to discharge sewage; regulations; penalties. 1. A person shall not maintain or operate upon the waters of this State any vessel which is equipped with a marine sanitation device unless the device is approved by the United States Coast Guard and: (a) Is designed to prevent the overboard discharge of treated and untreated sewage; or (b) Is adequately secured to prevent the overboard discharge of treated and untreated sewage. 2. It is unlawful for any person to discharge or attempt to discharge sewage from a vessel into the waters of this State. 3. The Commission shall adopt regulations: (a) That it determines are necessary to carry out the provisions of this section; and (b) Establishing a schedule of civil penalties for various violations of this section and those regulations. 4. A person who violates any provision of this section or the regulations adopted p

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