S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2292
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 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  and  the  navigation
   law,  in  relation to establishing whale strike reduction 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
 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 STRIKE REDUCTION POLICIES FOR LARGE VESSELS
 SECTION 13-0901. WHALE INTERACTION REDUCTION POLICY REQUIREMENTS.
         13-0903. POLICY REVIEW; DETERMINATION OF COMPLIANCE.
 § 13-0901. WHALE INTERACTION REDUCTION POLICY REQUIREMENTS.
   THE  DEPARTMENT  SHALL  ESTABLISH STANDARDS AND REQUIREMENTS FOR WHALE
 INTERACTION REDUCTION POLICIES  AS  REQUIRED  PURSUANT  TO  SECTION  ONE
 HUNDRED  FIFTY  OF THE NAVIGATION LAW.  IN DEVELOPING SUCH STANDARDS AND
 REQUIREMENTS, THE DEPARTMENT SHALL CONSULT WITH  THE  OFFICE  OF  PARKS,
 RECREATION,  AND  HISTORIC  PRESERVATION, THE PORT AUTHORITY OF NEW YORK
 AND NEW JERSEY 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 AND THE NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION.
 SUCH  STANDARDS  AND  REQUIREMENTS  SHALL REQUIRE, AT MINIMUM, THAT EACH
 WHALE INTERACTION REDUCTION POLICY SHALL INCLUDE:
   1. CONSIDERATION OF FEDERAL AND  RELEVANT  INTERNATIONAL  ORGANIZATION
 POLICIES AND BEST PRACTICES;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04652-01-5
 S. 2292                             2
 
              

   2.  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;
   3. CONSIDERATION OF THE LATEST TECHNOLOGY TO AVOID WHALE INTERACTIONS;
   4. SPEED REDUCTION MEASURES TO REDUCE THE RISK OF WHALE STRIKES;
   5. CREW TRAINING AND EDUCATION;
   6.  VESSEL-SPECIFIC  CONSIDERATIONS, INCLUDING MANEUVERABILITY, DRAFT,
 AND SIZE;
   7. CONSIDERATION OF MODIFICATIONS IN VESSEL DESIGN AND OPERATION;
   8. CONSIDERATION OF SEA STATES;
   9. CONSIDERATION OF THE EFFICACY OF VARIOUS  MEASURES  TO  REDUCE  THE
 RISK OF WHALE INTERACTIONS;
   10.  ANY  OTHER  CONSIDERATIONS PARTICULAR TO THE OWNER OR THE OWNER'S
 VESSEL; AND
   11. SUCH OTHER FACTORS AS MAY BE REQUIRED BY THE DEPARTMENT.
 § 13-0903. POLICY REVIEW; DETERMINATION OF COMPLIANCE.
   THE DEPARTMENT, IN COOPERATION  WITH  THE  OFFICE  OF  RECREATION  AND
 HISTORIC  PRESERVATION,  THE  PORT AUTHORITY OF NEW YORK AND NEW JERSEY,
 AND ANY OTHER RELEVANT AGENCIES,  SHALL  REVIEW  ALL  WHALE  INTERACTION
 REDUCTION  POLICIES  SUBMITTED  PURSUANT TO SECTION ONE HUNDRED FIFTY OF
 THE NAVIGATION LAW FOR COMPLIANCE. IF THE DEPARTMENT DETERMINES  THAT  A
 WHALE  INTERACTION  REDUCTION  POLICY  DOES  NOT  MEET THE STANDARDS AND
 REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION, THEN  THE  DEPARTMENT
 SHALL  GIVE  NOTICE  OF  SUCH  DETERMINATION AND PROVIDE THE RESPONSIBLE
 PERSON WITH A SIXTY-DAY PERIOD TO SUBMIT AN  AMENDED  WHALE  INTERACTION
 REDUCTION  POLICY  WHICH  MEETS  THE  STANDARDS AND REQUIREMENTS OF THIS
 SECTION. IF THE OWNER OF A PUBLIC VESSEL SUBJECT TO SECTION ONE  HUNDRED
 FIFTY  OF  THE  NAVIGATION LAW IS GIVEN A NOTICE OF DETERMINATION THAT A
 WHALE INTERACTION REDUCTION POLICY  DOES  NOT  MEET  THE  STANDARDS  AND
 REQUIREMENTS  ESTABLISHED PURSUANT TO THIS SECTION AND DOES NOT SUBMIT A
 REVISED WHALE INTERACTION REDUCTION 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 PROVISIONS  OF  SUBDIVI-
 SION THIRTEEN OF SECTION 71-0923 OF THIS CHAPTER.
   §  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 TITLE NINE OF  ARTICLE  THIRTEEN  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.  The  navigation  law is amended by adding a new article 11-A to
 read as follows:
                               ARTICLE 11-A
                 PUBLIC VESSEL WHALE INTERACTION REDUCTION
 SECTION 150. WHALE INTERACTION REDUCTION POLICIES.
   § 150. WHALE INTERACTION REDUCTION POLICIES. (A) FOR THE  PURPOSES  OF
 THIS  SECTION, "WHALE INTERACTION" MEANS AN ACT THAT CONSTITUTES HARASS-
 MENT WITHIN THE MEANING OF 16 U.S.C. 1362.
   (B) THE OWNER OF A PUBLIC VESSEL WHICH SUCH OWNER OPERATES OR  INTENDS
 TO  OPERATE  ON  THE  WATERS OF THE STATE SHALL, BEGINNING WITH THE YEAR
 FOLLOWING THE YEAR ON WHICH THIS ARTICLE FIRST  TAKES  EFFECT,  ANNUALLY
 SUBMIT  TO  THE  COMMISSIONER  AND THE COMMISSIONER OF THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION A WHALE INTERACTION  REDUCTION  POLICY.  SUCH
 S. 2292                             3
 
 POLICY  SHALL  DESCRIBE  THE  ACTIONS  TAKEN AND PLANNED BY THE OWNER TO
 REDUCE THE LIKELIHOOD THAT THE PUBLIC VESSEL HAS A WHALE INTERACTION.
   (C)  EVERY  WHALE  INTERACTION REDUCTION POLICY SHALL COVER ALL PUBLIC
 VESSELS OWNED BY AN OWNER OF A PUBLIC VESSEL SUBJECT TO SUBDIVISION  (B)
 OF  THIS SECTION AND SHALL COMPLY WITH THE REQUIREMENTS OF TITLE NINE OF
 ARTICLE THIRTEEN OF THE ENVIRONMENTAL CONSERVATION LAW. THE OFFICE SHALL
 CONSULT AND COOPERATE WITH THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION
 IN DETERMINING COMPLIANCE WITH THIS SECTION.
   (D)  EACH  FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
 RESULT IN A PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS AND  NOT  MORE
 THAN  TEN  THOUSAND DOLLARS FOR EACH NEW VIOLATION OF THIS SECTION AND A
 PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN  FIFTEEN
 THOUSAND  DOLLARS  PER  DAY FOR EACH DAY ON WHICH SUCH FAILURE TO COMPLY
 CONTINUES.
   § 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.