Nev. Admin. Code § 488.492 - Approval of marine event: Restriction; agreement to reimburse Department

1. The Department shall not approve a marine event if the Director of the Department determines that providing the personnel and resources of the Department which would be necessary to ensure that the marine event is conducted safely will impair the ability of the Department to perform its other duties.

2. The Director may require a person in charge of a marine event to enter into an agreement to reimburse the Department as a condition of approval of the marine event if the Department reasonably anticipates that one or more protection units will be needed to ensure that the marine event is conducted safely. In determining whether the person in charge of such a marine event must enter into an agreement to reimburse the Department, the Director shall consider:

(a) The type and nature of the marine event;

(b) Whether the marine event will substantially increase or disrupt the normal traffic on the water;

(c) Whether the marine event requires special consideration to be taken to ensure the safety of the spectators; and

(d) Any other relevant factors that will assist the Department in determining whether the marine event will be conducted safely.

3. The Director shall not require a person in charge of a minor marine event to enter into an agreement to reimburse the Department as a condition of approval of the marine event if the Department reasonably anticipates that:

(a) There will be small crowds of spectators attending the marine event; and

(b) No protection unit will be needed to ensure that the marine event is conducted safely.

4. The amount for which a person in charge of a marine event must agree to reimburse the Department must be estimated based on the following:

(a) For each officer or employee of the Department to work at the marine event:

(1) At the hourly rate for the officer or employee at his or her existing pay grade;

(2) For overtime, at a rate that is equal to one and one-half the hourly rate of the officer or employee; and

(3) A per diem allowance and travel expenses provided for state officers and employees generally while performing official duties of the Department unless the person in charge of the marine event makes the necessary arrangements for the prepayment of meals and lodging for the Department personnel and the amount of the arrangements is equal to or greater than the state rate.

(b) For each vessel, $70 per hour, plus the cost of the fuel used.

(c) For each vehicle, $31 per day, plus a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

5. An agreement to reimburse the Department must include a provision which states that the person in charge of the marine event agrees that, if the amount of the actual cost incurred by the Department is greater than the amount of the estimated cost set forth in the agreement, the amount which must be reimbursed to the Department will be increased by the amount by which the actual cost exceeds the estimated cost or by an amount equal to 5 percent of the estimated cost, whichever is less.

6. The Director may require, as part of an agreement to reimburse the Department, the person in charge of a marine event to furnish a bond to ensure that reimbursement is made.

7. A person in charge of a marine event who has executed an agreement to reimburse the Department pursuant to this section shall remit a certified check for the appropriate amount to the Department not later than 14 days after the completion of the marine event.

8. The Department shall deposit any money received pursuant to an agreement to reimburse the Department into the Wildlife Account in the State General Fund to be used to offset the costs incurred by the Department to ensure that the marine event to which the agreement relates was conducted safely.

9. An agreement to reimburse the Department must include a provision pursuant to which the person in charge of a marine event agrees to defend, protect, indemnify and hold harmless the State of Nevada, the Department and its officers, agents and employees from and against any and all claims, losses, suits and actions resulting from the activities of the person in charge of the marine event, its subcontractors, agents or employees under the written agreement and to pay all claims, damages, judgments, legal costs or any other expense or liability related thereto.

10. As used in this section:

(a) "Agreement to reimburse the Department" means an agreement entered into by a person in charge of a marine event with the Department in accordance with NRS 488.305 pursuant to which the person agrees to reimburse the Department for expenses incurred by the Department to ensure that the event is conducted safely.

(b) "Protection unit" means one officer and one patrol vessel or one patrol vehicle, or both a patrol vessel and patrol vehicle. If two or more officers embark upon the same patrol vessel, the first officer is considered a separate protection unit from the remaining officers.

Notes

Nev. Admin. Code § 488.492

Added to NAC by Bd. of Wildlife Comm'rs by R116-00, eff. 3-29-2001; A by R020-08, 6-17-2008; A by R149-20A, eff. 2/25/2021

NRS 488.045, 488.305, 501.181, 501.243