Senate Bill S7718A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7718--A
 
                        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
   -- recommitted to  the  Committee  on  Environmental  Conservation  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11869-02-6
              

 S. 7718--A                          2
 
   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-
 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 13-0901 OF THIS TITLE,
 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-EIGHT,  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.
 S. 7718--A                          3
 
   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.
 § 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.