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Bill

A 10901

Requires owners of certain large vessels to establish whale strike prevention policies

2025 Regular Session Introduced by Steve Otis

Large vessels 500 ft+ must adopt and periodically update science-based whale interaction prevention policies to reduce whale strikes in New York.

PRINT NUMBER 10901A
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WeVote Research Nonpartisan
Bill Summary · A 10901

Summary of Bill A. 10901-A (2025-2026) – Whale Strike Prevention Policies for Large Vessels (New York)

Purpose and intent

  • Establish a formal requirement for owners/operators of large commercial vessels to adopt and maintain whale interaction prevention policies.
  • Aims to reduce whale strikes by guiding vessel speed, operations, and crew training in consideration of current science and best practices.

Key provisions

Definitions

  • Commercial vessel: Any vessel propelled by mechanical power used for commercial purposes within New York’s marine and coastal district.
  • Whale interaction: An act that constitutes harassment under federal law (16 U.S.C. 1362).

Whale interaction prevention policy requirements

  • The New York Department of Environmental Conservation (DEC), in consultation with:
    • Port Authority of New York and New Jersey
    • Department of Transportation (NYDOT)
    • Other relevant agencies (including US Coast Guard, NOAA, and Marine Mammal Commission)
  • Policies must address, at a minimum:
    • Alignment with federal and international best practices
    • Incorporation of up-to-date scientific understanding of whale presence, timing, and locations
    • Use of current technology to avoid whale interactions
    • Speed reduction measures to lower strike risk
    • Crew training and education
    • Vessel-specific factors (maneuverability, draft, size)
    • Potential vessel design/operational modifications
    • Sea state considerations
    • Evaluation of measures’ efficacy
    • Other owner-specific considerations and additional factors as required by the department

Policy review and compliance (timing and process)

  • Effective starting July 1, 2028:
    • All commercial vessels 500 feet or longer must maintain a whale interaction prevention policy.
    • Policies must be submitted to DEC or the Port Authority at least 48 hours before entering New York’s marine and coastal district; submissions need not occur more than once per year.
    • Policies must describe actions taken and planned to reduce whale interaction risk.
    • DEC will promulgate regulations governing policy form and submission format.
  • DEC review:
    • If a policy fails to meet standards, the DEC will issue a notice and allow a 60-day period to submit an amended policy.
    • If the owner fails to provide an adequate revised policy within 60 days, they may be in violation and subject to enforcement penalties.

Enforcement

  • DEC, Port Authority (NY/NJ), Office of the Attorney General, and NYDOT authorized to enforce the provisions.

Relationship to speed restrictions

  • The bill clarifies that nothing in the act authorizes vessel speeds to exceed existing federal/state/local speed restrictions or other applicable laws.

Penalties

  • Violations of policy compliance (Section 13-0905) carry:
    • Fine of $1,000 to $10,000 for each new violation
    • Fine of $1,000 to $15,000 per day for each day the violation continues

Effective date

  • Takes effect on the 180th day after the law is enacted.

Affected parties and potential impact

  • Primary targets: Owners, operators, and responsible persons of commercial vessels 500 feet or longer operating in New York’s marine and coastal district.
  • ** governmental agencies**: DEC, Port Authority of NY/NJ, NYDOT, and other agencies with enforcement authority.
  • ** Wider impact**: The policy framework will influence vessel design considerations, operational procedures, and crew training, potentially affecting shipping schedules, fuel use, and safety practices. The emphasis on speed reductions and technology could lead to adjustments in vessel operations to avoid whale interactions.

Procedural and timeline notes

  • Bill introduced and referred to Environmental Conservation; amended and recommitted to committee in April 2026.
  • Implementation timeline:
    • Regulations and policy standards to be established by DEC.
    • Compliance required for vessels 500 feet+ beginning July 1, 2028.
    • Annual submissions, with 48-hour notification prior to entering the district.
  • Penalties align with existing enforcement mechanisms under the environmental law, with specified fines for violations.

Bottom line

The bill creates a formal framework requiring large commercial vessels (500 ft+ in length) to adopt comprehensive whale interaction prevention policies, based on science and best practices, and to submit and periodically update these policies. It adds an enforcement pathway with penalties, and it coordinates with multiple state and federal agencies to reduce whale strikes while ensuring vessel speeds remain within existing laws.

Compiled from official sources — confirm details with the bill’s official record.

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