Prohibits the possession and harboring of killer whales in aquariums and sea parks; makes the violation of such provisions punishable by a fine of up to $2,500 and fines of $5,000 per day such violation continues after the sixtieth day.
BILL NUMBER:S6613 REVISED MEMO 03/20/2014
TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the possession and harboring of killer whales in aquariums and sea parks
This legislation will prohibit the possession and harboring of killer whales in aquariums and sea parks in the State of New York.
SUMMARY OF PROVISIONS:
Section One - amends the Environmental Conservation Law by adding a new section 11-0516 stating that the possession and harboring of killer whales is prohibited. Notwithstanding any other provisions of this title to the contrary, no person shall harbor or possess for any purpose any killer whale (Orcinus orca) in any sea park or aquarium.
Section Two - amends section 71-0923 of the Environmental Conservation Law by adding a subdivision 13 stating that any violation of the above section will be punishable by a fine of not more than two thousand five hundred dollars ($2,500); provided, that is such violation continues after the expiration of sixty days from the date of such violation is charged, the violation shall be punishable by a fine of five thousand dollars ($5,000) for each day such violation persists after the sixtieth day.
Section Three - Sets forth an immediate effective date.
The website of the popular documentary film entitled "Blackfish" tells the story of Tilikum, a performing killer whale that killed several people while in captivity. The documentary exposes the cruel treatment of killer whales by the multi-billion dollar sea park industry.
According to the film's creators, Tilikum, like other killer whales, was kept in a small enclosed space for 30 years. Many experts believe that the lack of space and freedom, as well as being kept in pitch black small tanks for long periods of time, can cause killer whales to become aggressive and violent.
This legislation is not only about protecting the killer whales, but the employees and spectators of these sea parks as well. New York has been one of the most protective states of our animals, and this bill will ensure that killer whales are never mistreated and abused in the sea park industry at any time in the State of New York.
STATE OF NEW YORK ________________________________________________________________________ 6613 IN SENATE February 12, 2014 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the possession and harboring of killer whales in aquariums and sea parks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 11-0516 to read as follows: S 11-0516. POSSESSION AND HARBORING OF KILLER WHALES PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE TO THE CONTRARY, NO PERSON SHALL HARBOR OR POSSESS FOR ANY PURPOSE ANY KILLER WHALE (ORCINUS ORCA) IN ANY SEA PARK OR AQUARIUM. S 2. Section 71-0923 of the environmental conservation law is amended by adding a new subdivision 13 to read as follows: 13. A VIOLATION OF SECTION 11-0516 OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; PROVIDED, THAT IF SUCH VIOLATION CONTINUES AFTER THE EXPIRATION OF SIXTY DAYS FROM THE DATE SUCH VIOLATION IS CHARGED, THE VIOLATION SHALL BE PUNISHABLE BY A FINE OF FIVE THOUSAND DOLLARS FOR EACH DAY SUCH VIOLATION PERSISTS AFTER THE SIXTIETH DAY. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13524-02-4