BILL NUMBER: S2292B
SPONSOR: HARCKHAM
 
TITLE OF BILL:
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
 
PURPOSE:
The purpose of this bill is to reduce harmful interactions between
marine mammals and vessels in the state.
 
SUMMARY OF PROVISIONS:
Section one provides the title of the bill.
Section two would require the Department of Environmental Conservation
(DEC) to establish recommendations and educational materials for the
reduction of marine mammal interactions with vessels, in consultation
with the Port Authority, the Office of Parks, Recreation, and Historic
Preservation (OPRHP), the U.S. Coast Guard, the National Oceanic and
Atmospheric Administration (NOAA), the Marine Mammal Commission, and
other relevant agencies. Such recommendations and educational materials
would be posted on DEC's website and provided to owners and operators of
licensed party and charter boats, persons participating in an OPRHP
certified boating safety course, and, beginning December 31, 2028,
owners of vessels registered with the Department of Motor Vehicles
(DMV).
Section three would require OPRHP certified boating safety courses to
provide persons participating in the course the marine mammal inter-
action prevention recommendations and educational materials developed by
the DEC.
Section four would require, beginning December 31, 2028, the DMV to
provide the marine mammal interaction prevention recommendations and
educational materials developed by the DEC to registrants of vessels in
Suffolk, Nassau, Kings, Queens, New York, Richmond, Bronx, Westchester
or Rockland counties.
Section five provides a severability clause.
Section six provides the effective date.
 
JUSTIFICATION:
The growing frequency of whale fatalities along New York's coastlines
signals an urgent need for action. Vessel strikes have become one of the
leading causes of injury and death among marine mammals, particularly
whales, undermining both ecological stability and species conservation
efforts. According to the National Oceanic and Atmospheric Adminis-
tration, approximately 40 percent of necropsied humpback whales were
found to have died from either vessel collisions or fishing gear entan-
glements. Endangered populations like the North Atlantic Right Whale,
with fewer than 350 individuals remaining, are especially at risk.
Between December 2023 and February 2024, twenty-three dead whales were
reported, including twelve off the coasts of New York and New Jersey.
New York ranks among the highest states for whale mortality linked to
vessel strikes. This legislation addresses the issue by directing the
development and distribution of educational materials to reduce marine
mammal interactions and by incorporating this guidance into existing
boater safety programs. Raising awareness among vessel operators
promotes safer practices that help prevent unintentional harm to whales
and other marine mammals.
Beyond the ecological urgency, there is a clear economic rationale.
Whale watching generates significant tourism revenue in states like
Massachusetts, and New York is well positioned to expand its own marine
tourism industry. Protecting whale populations supports sustainable
economic growth and reduces the risk of costly vessel damage resulting
from collisions. This legislation provides a practical solution that
promotes both conservation and economic resilience.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
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.

Statutes affected:
S2292: 71-0923 environmental conservation law
S2292A: 75 navigation law, 2251 vehicle and traffic law
S2292B: 75 navigation law, 2251 vehicle and traffic law