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.