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

Statutes affected:
S7718: 71-0923 environmental conservation law