senate Bill S6613

Amended

Prohibits the possession and harboring of killer whales in aquariums and sea parks

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 12 / Feb / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 25 / Mar / 2014
    • 1ST REPORT CAL.343
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 05 / May / 2014
    • AMENDED ON THIRD READING 6613A
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Prohibits the possession and harboring of killer whales in aquariums and sea parks; makes the violation of such provisions punishable by a fine of up to $2,500 and fines of $5,000 per day such violation continues after the sixtieth day.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A8832
Versions:
S6613
S6613A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0516, amd §71-0923, En Con L

Votes

12
0
12
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S6613 REVISED MEMO 03/20/2014

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the possession and harboring of killer whales in
aquariums and sea parks

PURPOSE:

This legislation will prohibit the possession and harboring of killer
whales in aquariums and sea parks in the State of New York.

SUMMARY OF PROVISIONS:

Section One - amends the Environmental Conservation Law by adding a new
section 11-0516 stating that the possession and harboring of killer
whales is prohibited. Notwithstanding any other provisions of this title
to the contrary, no person shall harbor or possess for any purpose any
killer whale (Orcinus orca) in any sea park or aquarium.

Section Two - amends section 71-0923 of the Environmental Conservation
Law by adding a subdivision 13 stating that any violation of the above
section will be punishable by a fine of not more than two thousand five
hundred dollars ($2,500); provided, that is such violation continues
after the expiration of sixty days from the date of such violation is
charged, the violation shall be punishable by a fine of five thousand
dollars ($5,000) for each day such violation persists after the sixtieth
day.

Section Three - Sets forth an immediate effective date.

JUSTIFICATION:

The website of the popular documentary film entitled "Blackfish" tells
the story of Tilikum, a performing killer whale that killed several
people while in captivity. The documentary exposes the cruel treatment
of killer whales by the multi-billion dollar sea park industry.

According to the film's creators, Tilikum, like other killer whales, was
kept in a small enclosed space for 30 years. Many experts believe that
the lack of space and freedom, as well as being kept in pitch black
small tanks for long periods of time, can cause killer whales to become
aggressive and violent.

This legislation is not only about protecting the killer whales, but the
employees and spectators of these sea parks as well. New York has been
one of the most protective states of our animals, and this bill will
ensure that killer whales are never mistreated and abused in the sea
park industry at any time in the State of New York.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  6613

                            I N  S E N A T E

                            February 12, 2014
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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:

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





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13524-02-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.