ursuant to subsection 3: (a) Is guilty of a misdemeanor; and (b) In addition to any criminal penalty, is subject to: (1) The suspension of the certificate of number of his vessel for 180 consecutive days; and (2) A civil penalty of not less than $250, as established in regulations adopted by the Commission, payable to the Department. 5. As used in this section, unless the context otherwise requires: (a) “Discharge” means to spill, leak, pump, pour, emit, empty or dump sewage into the water. (b) “Marine sanitation device” means a toilet facility which is installed on board a vessel and which is designed to receive, retain, treat or discharge sewage, and any process to treat that sewage. The term does not include portable devices which are designed to be carried onto and off of a vessel. (c) “Sewage” means wastes from the human body and wastes from toilets or other receptacles, including marine sanitation devices, designed to receive or retain wastes from the human body. (d) “Vessel” includes any watercraft or structure floating on the water, whether or not capable of self-locomotion, including houseboats, barges and similar structures. (Added to NRS by 1993, 56; A 2003, 1577) OPERATION Operating Under Influence of Intoxicating Liquor or Controlled or Prohibited Substance NRS 488.400 Operation of vessel or manipulation of water skis or surfboard recklessly or while intoxicated or under influence of controlled substance prohibited. 1. A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person. 2. A person shall not operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance, unless in accordance with a lawfully issued prescription. (Added to NRS by 1960, 480; A 1971, 2031; 1973, 8; 1985, 343; 1987, 1554; 1993, 2237; 1995, 1723)—(Substituted in revision for NRS 488.205) NRS 488.405 “Concentration of alcohol of 0.08 or more in his blood or breath” defined. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] As used in NRS 488.410, 488.420 and 488.425, the phrase “concentration of alcohol of 0.08 or more in his blood or breath” means 0.08 gram or more per 100 milliliters of the blood of a person or per 210 liters of his breath. (Added to NRS by 1989, 292; A 1997, 330; 1999, 2462; 2003, 2563; 2005, 154) NRS 488.405 “Concentration of alcohol of 0.10 or more in his blood or breath” defined. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] As used in NRS 488.410, 488.420 and 488.425, the phrase “concentration of alcohol of 0.10 or more in his blood or breath” means 0.10 gram or more per 100 milliliters of the blood of a person or per 210 liters of his breath. (Added to NRS by 1989, 292; A 1997, 330; 1999, 2462; 2003, 2563; 2005, 154, 155, effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State) NRS 488.410 Unlawful acts; penalty. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] 1. It is unlawful for any person who: (a) Is under the influence of intoxicating liquor; (b) Has a concentration of alcohol of 0.08 or more in his blood or breath; or (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.08 or more in his blood or breath, to operate or be in actual physical control of a vessel under power or sail on the waters of this State. 2. It is unlawful for any person who: (a) Is under the influence of a controlled substance; (b) Is under the combined influence of intoxicating liquor and a controlled substance; or (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail, to operate or be in actual physical control of a vessel under power or sail on the waters of this State. 3. It is unlawful for any person to operate or be in actual physical control of a vessel under power or sail on the waters of this State with an amount of a prohibited substance in his blood or urine that is equal to or greater than: Urine Blood Nanograms per Nanograms per Prohibited substance milliliter milliliter (a) Amphetamine 500 100 (b) Cocaine 150 50 (c) Cocaine metabolite 150 50 (d) Heroin 2,000 50 (e) Heroin metabolite: (1) Morphine 2,000 50 (2) 6-monoacetyl morphine 10 10 (f) Lysergic acid diethylamide 25 10 (g) Marijuana 10 2 (h) Marijuana metabolite 15 5 (i) Methamphetamine 500 100 (j) Phencyclidine 25 10 4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause him to have a concentration of 0.08 or more of alcohol in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent. 5. Except as otherwise provided in

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