S T A T E O F N E W Y O R K
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7718
2025-2026 Regular Sessions
I N S E N A T E
May 1, 2025
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Introduced by Sen. HARCKHAM -- 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
establishing whale strike prevention policies for large vessels
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
strike prevention act".
§ 2. Article 13 of the environmental conservation law is amended by
adding a new title 9 to read as follows:
TITLE 9
WHALE STRIKE PREVENTION POLICIES FOR LARGE VESSELS
SECTION 13-0901. DEFINITIONS.
13-0903. WHALE INTERACTION PREVENTION POLICY REQUIREMENTS.
13-0905. POLICY REVIEW; DETERMINATION OF COMPLIANCE.
13-0907. ENFORCEMENT.
13-0909. CONSISTENCY WITH SPEED RESTRICTIONS.
§ 13-0901. DEFINITIONS.
FOR PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
1. "COMMERCIAL VESSEL" SHALL MEAN AND INCLUDE EVERY VESSEL WHICH IS
PROPELLED IN WHOLE OR IN PART BY MECHANICAL POWER AND IS USED OR OPER-
ATED FOR COMMERCIAL PURPOSES IN THE MARINE AND COASTAL DISTRICT AS
DESCRIBED IN SECTION 13-0103 OF THIS ARTICLE.
2. "WHALE INTERACTION" MEANS AN ACT THAT CONSTITUTES HARASSMENT WITHIN
THE MEANING OF 16 U.S.C. 1362.
§ 13-0903. WHALE INTERACTION PREVENTION POLICY REQUIREMENTS.
1. THE DEPARTMENT SHALL ESTABLISH STANDARDS AND REQUIREMENTS FOR WHALE
INTERACTION PREVENTION POLICIES. IN DOING SO, THE DEPARTMENT SHALL
CONSULT WITH THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE DEPART-
MENT OF TRANSPORTATION, AND ANY OTHER RELEVANT AGENCIES, AND SUCH AGEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11869-01-5
S. 7718 2
CIES SHALL PROVIDE APPROPRIATE ASSISTANCE TO THE DEPARTMENT. IN FURTH-
ERANCE OF THE FOREGOING, THE DEPARTMENT SHALL ALSO SEEK INPUT FROM THE
UNITED STATES COAST GUARD, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION, AND THE MARINE MAMMAL COMMISSION.
2. STANDARDS AND REQUIREMENTS FOR WHALE INTERACTION PREVENTION POLI-
CIES SHALL REQUIRE, AT MINIMUM, THAT EACH WHALE INTERACTION PREVENTION
POLICY SHALL INCLUDE:
(A) CONSIDERATION OF FEDERAL AND RELEVANT INTERNATIONAL ORGANIZATION
POLICIES AND BEST PRACTICES;
(B) CONSIDERATION OF THE LATEST SCIENTIFIC UNDERSTANDING ABOUT WHALE
INTERACTIONS, AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED FIFTY OF
THE NAVIGATION LAW, AND TIMING AND LOCATION OF WHALE PRESENCE;
(C) CONSIDERATION OF THE LATEST TECHNOLOGY TO AVOID WHALE INTER-
ACTIONS;
(D) SPEED REDUCTION MEASURES TO REDUCE THE RISK OF WHALE STRIKES;
(E) CREW TRAINING AND EDUCATION;
(F) VESSEL-SPECIFIC CONSIDERATIONS, INCLUDING MANEUVERABILITY, DRAFT,
AND SIZE;
(G) CONSIDERATION OF MODIFICATIONS IN VESSEL DESIGN AND OPERATION;
(H) CONSIDERATION OF SEA STATES;
(I) CONSIDERATION OF THE EFFICACY OF VARIOUS MEASURES TO REDUCE THE
RISK OF WHALE INTERACTIONS;
(J) ANY OTHER CONSIDERATIONS PARTICULAR TO THE OWNER OR THE OWNER'S
VESSEL; AND
(K) SUCH OTHER FACTORS AS MAY BE REQUIRED BY THE DEPARTMENT.
§ 13-0905. POLICY REVIEW; DETERMINATION OF COMPLIANCE.
1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY COMMERCIAL
VESSEL WHICH IS FIVE HUNDRED FEET OR MORE IN LENGTH SHALL MAINTAIN A
WHALE INTERACTION PREVENTION POLICY, AND SHALL SUBMIT SUCH POLICY TO THE
DEPARTMENT OR THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AT LEAST
FORTY-EIGHT HOURS PRIOR TO ENTERING THE MARINE AND COASTAL DISTRICT,
PROVIDED THE POLICY NEED NOT BE SUBMITTED MORE OFTEN THAN ANNUALLY.
SUCH POLICY SHALL DESCRIBE THE ACTIONS TAKEN AND PLANNED BY THE VESSEL
OWNER, OPERATOR, AND OTHER RESPONSIBLE PERSONS TO REDUCE THE LIKELIHOOD
THAT THE VESSEL HAS A WHALE INTERACTION. THE DEPARTMENT SHALL PROMULGATE
REGULATIONS GOVERNING THE FORM OF WHALE INTERACTION PREVENTION POLICY,
AND THE MANNER IN WHICH IT MUST BE SUBMITTED.
2. THE DEPARTMENT SHALL REVIEW ALL WHALE INTERACTION PREVENTION POLI-
CIES FOR COMPLIANCE. IF THE DEPARTMENT DETERMINES THAT A WHALE INTER-
ACTION PREVENTION POLICY DOES NOT MEET THE STANDARDS AND REQUIREMENTS
ESTABLISHED PURSUANT TO THIS SECTION, THEN THE DEPARTMENT SHALL GIVE
NOTICE OF SUCH DETERMINATION AND PROVIDE A SIXTY-DAY PERIOD TO SUBMIT AN
AMENDED WHALE INTERACTION PREVENTION POLICY WHICH MEETS THE STANDARDS
AND REQUIREMENTS OF THIS SECTION. IF THE VESSEL OWNER, OPERATOR, OR
OTHER RESPONSIBLE PERSON SUBJECT TO THIS SECTION IS GIVEN A NOTICE OF
DETERMINATION THAT A WHALE INTERACTION PREVENTION POLICY DOES NOT MEET
THE STANDARDS AND REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION AND
DOES NOT SUBMIT A REVISED WHALE INTERACTION PREVENTION POLICY WHICH
MEETS SUCH STANDARDS AND REQUIREMENTS WITHIN THE SIXTY-DAY PERIOD, THEN
SUCH OWNER SHALL BE IN VIOLATION OF THIS SECTION AND SUBJECT TO THE
ENFORCEMENT PROVISIONS OF SUBDIVISION THIRTEEN OF SECTION 71-0923 OF
THIS CHAPTER.
3. THE DEPARTMENT IS HEREBY AUTHORIZED TO UNDERTAKE ANY NECESSARY OR
DESIRABLE ACTIONS TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION, INCLUDING AUTHORIZATION TO BOARD AND INSPECT VESSELS SUBJECT TO
THE PROVISIONS OF THIS SECTION.
S. 7718 3
§ 13-0907. ENFORCEMENT.
THE DEPARTMENT, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE
OFFICE OF THE ATTORNEY GENERAL, AND THE DEPARTMENT OF TRANSPORTATION ARE
HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS TITLE.
§ 13-0909. CONSISTENCY WITH SPEED RESTRICTIONS.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE ANY VESSEL TO
EXCEED EXISTING FEDERAL, STATE, OR LOCAL VESSEL SPEED RESTRICTIONS OR
OTHER APPLICABLE LAWS GOVERNING THE MOVEMENT OF VESSELS.
§ 3. 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 13-0905 OF THIS CHAPTER SHALL BE PUNISHABLE
BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TEN
THOUSAND DOLLARS FOR EACH NEW VIOLATION OF SUCH TITLE AND A FINE OF NOT
LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN FIFTEEN THOUSAND
DOLLARS PER DAY FOR EACH DAY ON WHICH SUCH VIOLATION CONTINUES.
§ 4. 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.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
