S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6613
                                   I N  S E N A T E
                                   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:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 11-0516 to read as follows:
    3  S 11-0516. POSSESSION AND HARBORING OF KILLER WHALES PROHIBITED.
    4    NOTWITHSTANDING  ANY OTHER PROVISION OF THIS TITLE TO THE CONTRARY, NO
    5  PERSON SHALL HARBOR OR POSSESS FOR ANY PURPOSE ANY KILLER WHALE (ORCINUS
    6  ORCA) IN ANY SEA PARK OR AQUARIUM.
    7    S 2. Section 71-0923 of the environmental conservation law is  amended
    8  by adding a new subdivision 13 to read as follows:
    9    13. A VIOLATION OF SECTION 11-0516 OF THIS CHAPTER SHALL BE PUNISHABLE
   10  BY  A FINE OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS; PROVIDED,
   11  THAT IF SUCH VIOLATION CONTINUES AFTER THE EXPIRATION OF SIXTY DAYS FROM
   12  THE DATE SUCH VIOLATION IS CHARGED, THE VIOLATION SHALL BE PUNISHABLE BY
   13  A FINE OF FIVE THOUSAND DOLLARS FOR EACH  DAY  SUCH  VIOLATION  PERSISTS
   14  AFTER THE SIXTIETH DAY.
   15    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