1. A game warden, sheriff or other peace officer of this State or any of its political subdivisions who observes a vessel being operated in an unsafe condition may direct the operator of the vessel to take immediate steps to correct the condition. If the condition cannot be corrected immediately and constitutes an immediate risk of bodily injury or damage to property, the peace officer may order the operator to remove the vessel to port or the nearest safe moorage.

2. For the purposes of this section, a vessel is being operated in an unsafe condition if it:

(a) Is overloaded beyond the manufacturer’s recommended safe loading capacity;

(b) Has an insufficient number of personal flotation devices approved by the United States Coast Guard;

(c) Has no fire extinguisher as required by NRS 488.193;

(d) Fails to display the proper navigational lights between sunset and sunrise;

(e) Is leaking fuel or has fuel in the bilges;

(f) Is improperly ventilated;

(g) Has an improper device for controlling backfire flame; or

(h) Is being operated in extremely adverse conditions.

3. An operator who refuses to take immediate steps to correct the condition or fails to comply with the directions of the peace officer shall be punished:

(a) If no injury results, for a misdemeanor;

(b) If bodily injury or damage to property in excess of $200 results, for a gross misdemeanor; or

(c) If the death of another person results, for a category D felony as provided in NRS 193.130.

(Added to NRS by 1991, 852; A 1995, 1302)