New york assembly advances whale awareness act to curb vessel strikes

Lawmakers propose statewide education mandate as whale deaths rise off New York coast.

Albany, NY – A bill introduced in the New York State Assembly would require the development and distribution of formal guidance aimed at reducing vessel strikes and other harmful encounters between boats and whales in state waters, as lawmakers respond to documented increases in marine mammal deaths along the Atlantic coastline.

Assembly Bill A08515A, known as the “Whale Awareness Act,” is sponsored by Assemblymember Kassay and co-sponsored by Assemblymember Berger. The proposal serves as the Assembly companion to Senate Bill S02292-B and would amend the state’s Environmental Conservation Law, Navigation Law, and Vehicle and Traffic Law.

Key Points

DEC would be required to develop and publish whale interaction prevention guidance
Boating safety courses and charter operators would be mandated to distribute materials
DMV would provide guidance to vessel registrants in nine downstate counties by 2028

If enacted, the legislation would direct the Department of Environmental Conservation to establish recommendations and produce educational materials focused on preventing marine mammal interactions with vessels operating in New York waters.

DEC to lead multi-agency outreach effort

Under the bill, the DEC would consult with the Port Authority of New York and New Jersey, the Office of Parks, Recreation and Historic Preservation, the U.S. Coast Guard, the National Oceanic and Atmospheric Administration, the Marine Mammal Commission, and other relevant agencies in developing the materials.

The guidance would be published on the DEC’s website and distributed to licensed party and charter boat operators statewide. Individuals enrolled in OPRHP-certified boating safety courses would also be required to receive the information as part of their coursework.

Beginning December 31, 2028, the Department of Motor Vehicles would be required to provide the materials to vessel registrants in Suffolk, Nassau, Kings, Queens, New York, Richmond, Bronx, Westchester, and Rockland counties. Those areas account for significant recreational and commercial boating traffic near known whale migration corridors.

The bill further mandates that OPRHP-certified boating safety courses incorporate the DEC-developed marine mammal interaction prevention guidance directly into classroom instruction.

Whale mortality data cited in support of bill

Lawmakers cited federal data documenting whale fatalities along the East Coast as justification for the measure.

According to NOAA, approximately 40 percent of examined humpback whale deaths were attributed to vessel collisions or entanglement in fishing gear. The North Atlantic Right Whale, listed as endangered, is considered especially vulnerable, with fewer than 350 individuals remaining.

Between December 2023 and February 2024, 23 dead whales were reported along the East Coast, including 12 off the coasts of New York and New Jersey. New York ranks among the states with some of the highest whale mortality linked to vessel strikes, according to federal findings referenced by sponsors of the bill.

The legislation has been newly introduced in the Assembly. Fiscal implications for state and local governments have not yet been determined.

If passed by the Legislature and signed into law, the measure would take effect 180 days after enactment, with the DMV distribution requirement beginning December 31, 2028.

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Tags: New York Assembly, Whale Awareness Act, Vessel Strikes

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