Add Art 13 Title 9 §13-0901, En Con L; amd §75, Nav L; amd §2251, V & T L
Enacts the whale awareness act directing the department of environmental conservation to establish recommendations and educational materials for reduction of marine mammal interactions.
STATE OF NEW YORK
________________________________________________________________________
2292--B
2025-2026 Regular Sessions
IN SENATE
January 16, 2025
___________
Introduced by Sens. HARCKHAM, CANZONERI-FITZPATRICK, PALUMBO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Environmental Conservation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, the navigation law
and the vehicle and traffic law, in relation to enacting the whale
awareness act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "whale
2 awareness act".
3 § 2. Article 13 of the environmental conservation law is amended by
4 adding a new title 9 to read as follows:
5 TITLE 9
6 WHALE AWARENESS ACT
7 Section 13-0901. Marine mammal interaction recommendations and educa-
8 tional materials.
9 § 13-0901. Marine mammal interaction recommendations and educational
10 materials.
11 1. The department shall establish recommendations and educational
12 materials for the reduction of marine mammal interactions with vessels.
13 In developing such recommendations and educational materials, the
14 department shall consult with the port authority of New York and New
15 Jersey, the office of parks, recreation and historic preservation, the
16 United States coast guard, the national oceanic and atmospheric adminis-
17 tration, the marine mammal commission, and any other relevant agencies.
18 For purposes of this section, "marine mammal interaction" means any act
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04652-07-6
S. 2292--B 2
1 of pursuit, torment, or annoyance of a marine mammal in the wild that
2 has the potential to injure or disturb such mammal by causing disruption
3 of behavioral patterns, including, but not limited to, migration,
4 breathing, nursing, breeding, feeding, or sheltering.
5 2. Recommendations and educational materials developed pursuant to
6 this section shall be posted publicly on the department's website and
7 provided to owners and operators of a party boat or charter boat pursu-
8 ant to section 13-0336 of this article, persons participating in a boat-
9 ing safety course required pursuant to section forty-nine of the naviga-
10 tion law, and on or after December thirty-first, two thousand
11 twenty-eight, to registrants of vessels registered in the state in
12 accordance with section twenty-two hundred fifty-one of the vehicle and
13 traffic law.
14 § 3. Section 75 of the navigation law, as amended by chapter 361 of
15 the laws of 2013, is amended to read as follows:
16 § 75. Educational program. In order to protect the public interest in
17 the prudent and equitable use of the waters of the state and enhance the
18 enjoyment of pleasure boating and other sports thereon, the commissioner
19 shall initiate and put into effect a comprehensive educational program
20 designed to advance boating safety, which provides for the training of
21 all boat operators in the safe operation of vessels including personal
22 watercraft and specialty prop-craft. Such educational program shall
23 include recommendations and educational materials for the reduction of
24 marine mammal interactions with vessels developed pursuant section
25 13-0901 of the environmental conservation law.
26 § 4. Section 2251 of the vehicle and traffic law is amended by adding
27 a new subdivision 10 to read as follows:
28 10. Marine mammal interaction prevention. In issuing a registration
29 pursuant to this section with respect to any registration application
30 where the address therein is in the county of Suffolk, Nassau, Kings,
31 Queens, New York, Richmond, Bronx, Westchester, or Rockland, the commis-
32 sioner shall also provide marine mammal interaction prevention recommen-
33 dations and educational materials developed pursuant to section 13-0901
34 of the environmental conservation law.
35 § 5. Severability. If any clause, sentence, paragraph, subdivision,
36 section or part of this act shall be adjudged by any court of competent
37 jurisdiction to be invalid, such judgment shall not affect, impair, or
38 invalidate the remainder thereof, but shall be confined in its operation
39 to the clause, sentence, paragraph, subdivision, section or part thereof
40 directly involved in the controversy in which such judgment shall have
41 been rendered. It is hereby declared to be the intent of the legislature
42 that this act would have been enacted even if such invalid provisions
43 had not been included herein.
44 § 6. This act shall take effect on the one hundred eightieth day after
45 it shall have become a law; provided, however, section four of this act
46 shall take effect December 31, 2028.
