Enacts the whale awareness act, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8515--A
 
                        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 -- recommitted to the Committee on Envi-
   ronmental  Conservation  in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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.
 §  13-0901.  MARINE  MAMMAL  INTERACTION RECOMMENDATIONS AND EDUCATIONAL
 MATERIALS.
   1. THE DEPARTMENT  SHALL  ESTABLISH  RECOMMENDATIONS  AND  EDUCATIONAL
 MATERIALS  FOR THE REDUCTION OF MARINE MAMMAL INTERACTIONS WITH VESSELS.
 IN  DEVELOPING  SUCH  RECOMMENDATIONS  AND  EDUCATIONAL  MATERIALS,  THE
 DEPARTMENT  SHALL  CONSULT  WITH  THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY, THE OFFICE OF PARKS, RECREATION AND HISTORIC  PRESERVATION,  THE
 UNITED STATES COAST GUARD, THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
 TRATION,  THE MARINE MAMMAL COMMISSION, AND ANY OTHER RELEVANT AGENCIES.
 FOR PURPOSES OF THIS SECTION, "MARINE MAMMAL INTERACTION" MEANS ANY  ACT
 OF  PURSUIT,  TORMENT,  OR ANNOYANCE OF A MARINE MAMMAL IN THE WILD THAT
 HAS THE POTENTIAL TO INJURE OR DISTURB SUCH MAMMAL BY CAUSING DISRUPTION

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04652-06-6
 A. 8515--A                          2
 
 OF BEHAVIORAL  PATTERNS,  INCLUDING,  BUT  NOT  LIMITED  TO,  MIGRATION,
 BREATHING, NURSING, BREEDING, FEEDING, OR SHELTERING.
   2.  RECOMMENDATIONS  AND  EDUCATIONAL  MATERIALS DEVELOPED PURSUANT TO
 THIS SECTION SHALL BE POSTED PUBLICLY ON THE  DEPARTMENT'S  WEBSITE  AND
 PROVIDED  TO OWNERS AND OPERATORS OF A PARTY BOAT OR CHARTER BOAT PURSU-
 ANT TO SECTION 13-0336 OF THIS ARTICLE, PERSONS PARTICIPATING IN A BOAT-
 ING SAFETY COURSE REQUIRED PURSUANT TO SECTION FORTY-NINE OF THE NAVIGA-
 TION  LAW,  AND  ON  OR  AFTER  DECEMBER  THIRTY-FIRST,   TWO   THOUSAND
 TWENTY-EIGHT,  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  RECOMMENDATIONS  AND EDUCATIONAL MATERIALS FOR THE REDUCTION OF
 MARINE MAMMAL  INTERACTIONS  WITH  VESSELS  DEVELOPED  PURSUANT  SECTION
 13-0901 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  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; provided, however, section four of this act
 shall take effect December 31, 2028.