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SB6613 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        6613--A
           Cal. No. 343

                                   I N  S E N A T E

                                   February 12, 2014
                                      ___________

       Introduced  by  Sens. BALL, HANNON, LAVALLE, MARCHIONE, STAVISKY -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee  on  Environmental  Conservation  -- reported favorably from
         said committee, ordered to first and second report, ordered to a third
         reading, amended and ordered reprinted, retaining  its  place  in  the
         order of third reading

       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         prohibiting the possession and harboring of killer whales in aquariums
         and sea parks

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 11-0516 to read as follows:
    3  S 11-0516. POSSESSION AND HARBORING OF KILLER WHALES PROHIBITED.
    4    NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE TO THE CONTRARY,  NO
    5  PERSON SHALL HARBOR OR POSSESS FOR ANY PURPOSE ANY KILLER WHALE (ORCINUS
    6  ORCA)  IN  ANY  SEA PARK OR AQUARIUM.   PROVIDED, THAT THE PROVISIONS OF
    7  THIS SECTION SHALL NOT APPLY  TO  THE  HARBORING  OR  POSSESSING  OF  AN
    8  INJURED  KILLER  WHALE  FOR  THE PURPOSE OF PERFORMING EMERGENCY CARE OR
    9  REHABILITATION TO SUCH WHALE.
   10    S 2. Section 71-0923 of the environmental conservation law is  amended
   11  by adding a new subdivision 13 to read as follows:
   12    13. A VIOLATION OF SECTION 11-0516 OF THIS CHAPTER SHALL BE PUNISHABLE
   13  BY  A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; PROVIDED,
   14  THAT IF SUCH VIOLATION CONTINUES AFTER THE EXPIRATION OF SIXTY DAYS FROM
   15  THE DATE SUCH VIOLATION IS CHARGED, THE VIOLATION SHALL BE PUNISHABLE BY
   16  A FINE OF FIVE THOUSAND DOLLARS FOR EACH  DAY  SUCH  VIOLATION  PERSISTS
   17  AFTER THE SIXTIETH DAY.
   18    S 3. This act shall take effect immediately.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13524-03-4
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