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