NY State Senate Bill 2025-S7718

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2025	referred to environmental conservation

2025-S7718 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 13 Title 9 §§13-0901 - 13-0909, amd §71-0923, En Con L

2025-S7718 (ACTIVE) - Summary

Requires owners of certain large vessels to establish whale strike prevention policies; establishes penalties for failure to establish such policies.

2025-S7718 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7718

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing whale strike prevention policies for large vessels

 
PURPOSE OR GENERAL IDEA OF BILL:

To reduce whale strikes by establishing policies that regulate the oper-
ation of large vessels in certain areas to protect marine wildlife.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the short title of the act as the "Whale Strike
Prevention Act."

Section 2 amends the Environmental Conservation Law by adding a new
Title 9 to Article 13 requiring the Department of Environmental Conser-
vation to develop marine mammal interaction prevention recommendations
and educational materials. Development of these materials must be done

in consultation with relevant state and federal agencies, including the
Port Authority, Department of Transportation, U.S. Coast Guard, NOAA,
and the Marine Mammal Commission.

Section 3 amends section 71-0923 of the Environmental Conservation Law
to establish penalties for violations of section 13-0905, setting fines
between $1,000 and $10,000 for each new violation, and between $1,000
and $15,000 per day for ongoing violations.

Section 4 contains a severability clause that states, if any provision
is found invalid, the remainder of the act will remain in effect.

Section 5 sets the effective date.

 
JUSTIFICATION:

Whales play, a critical role in maintaining healthy marine ecosystems,
yet they face significant threats from vessel strikes, which are a lead-
ing cause of injury and death for many whale species. According to NOAA,
about 40% of humpback whales necropsied have died from either vessel
strikes or fishing entanglements.  Additionally, vessel strikes are
known to disproportionately affect endangered species, including the
North Atlantic Right Whale, of which fewer than 350 remain.

The extent of the problem is underscored by recent alarming statistics.
Between early December in 2023 and late February of 2024, 23 whales
washed up dead, 12 in waters off New York or New Jersey.  New York ranks
among the top states for whale mortality caused by vessel strikes, high-
lighting the urgent need for effective measures to protect marine
mammals in the region. This bill is necessary to mitigate such risks by
requiring vessels to adopt whale strike reduction policies. By integrat-
ing marine mammal protection into existing boater safety, it raises
awareness among vessel operators, and encourages behavioral changes,
which prevent accidental harassment or injury to whales.

Beyond ecological benefits, protecting whale populations can yield
economic advantages'. Whale-watching tourism in Massachusetts provides
significant economic benefits to the surrounding community, and as a
growing industry in New York, it can do the same here and contribute
significantly to local economies. Ensuring the safety of whale popu-
lations will help sustain this important economic activity.  Addi-
tionally, preventing whale strikes can reduce the costly damage that
vessel operators may incur when collisions occur, further emphasizing
the economic rationale for this legislation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after the act becomes law.
(1) https://www.fisheries.noaa.gov/national/marine-
life-distress/2016-2025-humpback-whale-unusual-mortality-event-a longat-
lantic-coast causes-of-the-humpback-whale-u me
(2) https://www.fisheries. noaa.gov/species/north-
atlantic-right-whale:-:text=Vessen2Ostrikee/020are20another%20major,
of%20serious%20injury%20or/020death.
(3) https://www.nytimes.com/2023/06/02 /nyregion/dead-humpback-whales-
nynj.html?login =email&auth=log in-email
(4) https://sanctuaries.noaa.gov/news/dec20 /whale-watching-in-stellwag-
en-bank.html

2025-S7718 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7718
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2025
                                ___________
 
 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.

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Senate Bill S7718

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S7718 (ACTIVE) - Details

2025-S7718 (ACTIVE) - Summary

2025-S7718 (ACTIVE) - Sponsor Memo

2025-S7718 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7718

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Environmental Conservation Committee

2025-S7718 (ACTIVE) - Details

2025-S7718 (ACTIVE) - Summary

2025-S7718 (ACTIVE) - Sponsor Memo

2025-S7718 (ACTIVE) - Bill Text download pdf

Comments