S T A T E O F N E W Y O R K
________________________________________________________________________
8515
2025-2026 Regular Sessions
I N A S S E M B L Y
May 20, 2025
___________
Introduced by M. of A. KASSAY -- read once and referred to the Committee
on Environmental Conservation
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:
Section 1. This act shall be known and may be cited as the "whale
awareness act".
§ 2. Article 13 of the environmental conservation law is amended by
adding a new title 9 to read as follows:
TITLE 9
WHALE AWARENESS ACT
SECTION 13-0901. MARINE MAMMAL INTERACTION RECOMMENDATIONS AND EDUCA-
TIONAL MATERIALS.
13-0903. DISTRIBUTION OF MATERIALS.
§ 13-0901. MARINE MAMMAL INTERACTION RECOMMENDATIONS AND EDUCATIONAL
MATERIALS.
THE DEPARTMENT SHALL ESTABLISH RECOMMENDATIONS AND EDUCATIONAL MATERI-
ALS FOR REDUCTION OF MARINE MAMMAL INTERACTIONS. IN DEVELOPING SUCH
RECOMMENDATIONS AND EDUCATIONAL MATERIALS, THE DEPARTMENT SHALL CONSULT
WITH THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE DEPARTMENT OF
TRANSPORTATION, AND ANY OTHER RELEVANT AGENCIES, AND SUCH AGENCIES SHALL
PROVIDE APPROPRIATE ASSISTANCE TO THE DEPARTMENT. IN FURTHERANCE OF THE
FOREGOING, THE DEPARTMENT SHALL ALSO SEEK INPUT FROM THE UNITED STATES
COAST GUARD, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND THE
MARINE MAMMAL COMMISSION. FOR PURPOSES OF THIS SECTION, "MARINE MAMMAL
INTERACTION" MEANS AN ACT THAT CONSTITUTES HARASSMENT WITHIN THE MEANING
OF 16 U.S.C. 1362.
§ 13-0903. DISTRIBUTION OF MATERIALS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04652-05-5
A. 8515 2
RECOMMENDATIONS AND EDUCATIONAL MATERIALS DEVELOPED PURSUANT TO
SECTION 13-0901 OF THIS TITLE SHALL BE PROVIDED TO REGISTRANTS OF
VESSELS REGISTERED IN THE STATE IN ACCORDANCE WITH SECTION TWENTY-TWO
HUNDRED FIFTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
§ 3. Section 75 of the navigation law, as amended by chapter 361 of
the laws of 2013, is amended to read as follows:
§ 75. Educational program. In order to protect the public interest in
the prudent and equitable use of the waters of the state and enhance the
enjoyment of pleasure boating and other sports thereon, the commissioner
shall initiate and put into effect a comprehensive educational program
designed to advance boating safety, which provides for the training of
all boat operators in the safe operation of vessels including personal
watercraft and specialty prop-craft. SUCH EDUCATIONAL PROGRAM SHALL
INCLUDE BASIC INFORMATION REGARDING THE PROHIBITIONS AGAINST HARASSMENT
OF MARINE MAMMALS WITHIN THE MEANING OF 16 U.S.C. 1362.
§ 4. Section 2251 of the vehicle and traffic law is amended by adding
a new subdivision 10 to read as follows:
10. MARINE MAMMAL INTERACTION PREVENTION. IN ISSUING A REGISTRATION
PURSUANT TO THIS SECTION WITH RESPECT TO ANY REGISTRATION APPLICATION
WHERE THE ADDRESS THEREIN IS IN THE COUNTY OF SUFFOLK, NASSAU, KINGS,
QUEENS, NEW YORK, RICHMOND, BRONX, WESTCHESTER, OR ROCKLAND, THE COMMIS-
SIONER SHALL ALSO PROVIDE MARINE MAMMAL INTERACTION PREVENTION RECOMMEN-
DATIONS AND EDUCATIONAL MATERIALS DEVELOPED PURSUANT TO SECTION 13-0901
OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 5. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.