DEC PROPOSES NEW FISHING REGULATIONS TO PROTECT SHARKS

 

State Seeking Public Input on Implementation of Gear Requirements When Fishing from Shore

Enhanced Handling and Release Regulations to Protect Sharks and Anglers

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced proposed changes to recreational fishing regulations in New York's Marine and Coastal District. This rulemaking would improve the management and protection of sharks by establishing gear restrictions for recreational shore anglers to enhance law enforcement’s ability to protect sharks and includes new handling and release methods for anglers to improve shark and angler safety. The proposed regulation is available for public comment until Aug. 7, 2023. 

"The targeting and mishandling of protected sharks by recreational shore anglers along New York’s ocean beaches has been increasing," Commissioner Seggos said. "Sharks are a vital part of the marine ecosystem and play an essential role in regulating the balance of life in the ocean. The proposed rules released today for public comment will further enhance protections for vulnerable shark species and benefit the health of New York’s coastal ocean." 

This proposed regulation seeks to further protect shark species that are currently illegal to take or possess under New York State regulation, referred to as “prohibited” shark species for recreational fishing. A complete list of the existing recreational shark fishing regulations is available on DEC’s website. The proposed regulations were designed to protect these shark species while maintaining recreational opportunities for shore-based anglers targeting legal species. Proposed gear restrictions specific to recreational shore anglers include the prohibition of:  

• baited J-hooks exceeding a width of 7/8 inches and baited circle hooks exceeding 1 1/8 inches in width when measured at the widest inside dimension; 
• the use of metal fishing leaders attached to baited hooks that exceed 12 inches in length; 
• chumming within 600 feet of the shoreline except with mollusks and crustaceans;
• deploying baited hooks by means other than casting with rod and reel; 
• and the use of artificial lures when taking sharks. 

In addition, this rulemaking seeks to improve shark handling and release practices for all shore- and vessel-based anglers. The proposed rules clarify requirement to immediately release all prohibited shark species and prohibits the removal from the water of any shark that will be released. The rulemaking also requires recreational anglers fishing for sharks to possess a device capable of cutting the leader or hook to remove fishing gear immediately without unnecessary harm, as well as requiring anglers to take every precaution to ensure the maximum probability of survival of any shark that will be released. 

 

Prohibited shark species found in New York State waters include sandbar ("brown"), dusky, and sand tiger sharks, and are the primary shark species caught from shore. These species are also encountered by vessel-based anglers in nearshore waters. Dusky and sand tiger sharks are both listed as “High Priority Species of Greatest Conservation Need” in the New York State Wildlife Action Plan. The International Union for Conservation of Nature (IUCN) has listed sandbar and dusky sharks as “endangered” species and sand tiger sharks as “critically endangered” due to population declines and long expected recovery times. Additionally, both sand tiger and dusky shark are listed as “species of concern” under the U.S. Endangered Species Act, which indicates their populations are declining or appear to need conservation actions. 

 

The proposed regulations and additional information are available on DEC's website. DEC will hold a virtual public hearing to accept public comment on Tuesday, Aug. 1, at 6 p.m. Information on how to participate in the hearing can be found at DEC's website. 

D.A. Bragg Announces Indictment in Car Chase That Injured Two Police Officers, Destroyed Outdoor Dining Structure

 

Manhattan District Attorney Alvin L. Bragg, Jr., announced the indictment of BENJAMIN ABRAMS, 56, for a car chase through Midtown that injured two police officers, caused a collision with multiple vehicles and destroyed an outdoor dining structure. Over 37 grams of methamphetamine were also recovered from his vehicle pursuant to a search warrant. ABRAMS is charged in a New York State Supreme Court indictment with one count of Criminal Possession of a Controlled Substance in the Second Degree; one count of Reckless Endangerment in the First Degree; four counts of Assault in the Second Degree; one count of Burglary in the Second Degree; and two counts of Attempted Assault in the First Degree. [1]

“This driver allegedly engaged in an incredibly reckless and dangerous car chase that injured two NYPD officers. Many other lives were put at risk as he wove through streets and sidewalks, and even drove right through an outdoor dining structure. I wish the officers injured a full and speedy recovery,” said District Attorney Bragg. 

According to court documents and statements made on the record, on April 19, 2023, police officers pulled ABRAMS over for a traffic stop after observing him weaving in and out of traffic with a temporary license tag with writing on top of the expiration date. ABRAMS provided a fraudulent North Carolina driver’s license, refused to step out of the car and fled.

ABRAMS then led officers on a pursuit throughout Midtown South, driving the wrong way into oncoming traffic and onto sidewalks. To evade traffic on East 30th Street between Park and Madison Avenues, he repeatedly rammed his car into a vehicle in front of him and behind him. He then accelerated his vehicle, reversed, and drove his car into two police officers, causing them to fly backwards. One officer was concussed, needed stiches on his head, and was bruised and swollen. Both officers were treated at the hospital for their injuries.

ABRAMS then plowed through an outdoor dining area, causing pedestrians to jump out of the way and sending debris flying into the air.

ABRAMS eventually exited his car and broke into a homeless shelter, where he took employee clothing to disguise himself as a worker and hid for several hours. He was eventually arrested on May 6, 2023. 

Assistant D.A. Lauren Hatz is handling the prosecution of this case, under the supervision of Assistant D.A. Robert Ferrari (Chief of Trial Bureau 40) and Executive Assistant D.A. Lisa DelPizzo (Chief of the Trial Division). Digital Evidence Analyst Mollie Somers is assisting with the prosecution.

D.A. Bragg thanked members of the NYPD, particularly Midtown South and the 17th Precinct, for their extraordinary efforts in this case.  

Defendant Information:

BENJAMIN ABRAMS

New York, New York

Charged:

•    Criminal Possession of a Controlled Substance in the Second Degree, a class A-II felony, one count
•    Assault in the Second Degree, a class D felony, two counts
•    Reckless Endangerment in the First Degree, a class D felony, one count
•    Burglary in the Second Degree, a class C felony, one count
•    Attempted Assault in the First Degree, a class C felony, two counts

[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.

Statement from Speaker Adams in Support of State Passage of the Clean Slate Act

 

“The Clean Slate Act can help provide an equitable boost to our communities, economy, and public safety by removing the barriers to employment, housing, education, and other economic opportunities for more than 2 million New Yorkers with an old conviction record. At a time when our city and state are recovering from the economic effects of the pandemic, this bill is estimated to generate over $7 billion more in state earnings and help address our workforce shortage. That’s why leaders in the government, business, civil rights, and labor sectors all support this common-sense legislation. When we clear the old legal records of those who are trying to move forward in their lives, we make our communities safer and the economy stronger by reducing recidivism and enhancing employment. New York can no longer afford to continue contributing to the approximately $80 billion in lost economic activity that our country experiences each year by excluding people with past convictions from the workforce. I fully support the State Legislature and Governor advancing this important reform.”

The City of New York Announces Successful Sale of $1.56 Billion of General Obligation Bonds and Strong Results from Tender Offer

 

Transaction achieves $108 million in debt service savings for the City.

The City of New York (“the City”) announced the successful sale of approximately $1.56 billion of General Obligation Bonds, comprised of $1.41 billion of tax-exempt fixed rate bonds and $151 million of taxable fixed rate bonds. Proceeds of the bond sale will be used to refinance outstanding bonds for savings. The transaction achieves over $108 million in total debt service savings, spread primarily across Fiscal Years 2024 through 2027.

The tax-exempt portion of the transaction generated significant investor demand with nearly $2.2 billion of orders during the retail order period, the highest in recent history, and over $6.4 billion of priority orders during the institutional order period. In total, the City received orders representing approximately 6.1x the amount of tax-exempt bonds offered for sale.

Due to the strong demand, yields on the tax-exempt bonds were reduced relative to the start of the institutional order period by 7 basis points in 2025 through 2033, 10 basis points in 2034, and 12 basis points in 2035 through 2039. Final yields ranged from 3.12% to 3.64%.

Additionally, during the order period for the taxable bonds, the City received indications of interest of approximately $274 million or 1.8x the amount of taxable bonds offered for sale.

Given the demand for the taxable bonds, the final spread for the bonds maturing in 2025 was reduced by 7 basis points. Final yields were 5.13% in 2024 and 4.81% in 2025.

The bonds were underwritten through a syndicate led by joint senior managers Jefferies and Siebert Williams Shank.

To achieve additional savings, the City also conducted a tender process to purchase back certain outstanding bonds from bondholders. The City received nearly 1,200 offers from bondholders during the tender process for a total of roughly $454 million, or 40% of the outstanding principal of the relevant bonds. This level of bondholder participation makes the City’s tender one of the most successful tender solicitations to-date in the municipal bond market.

The City will purchase $353 million of the bonds offered – about 78% of the total amount offered for tender. The tender process generated approximately $26 million of total debt service savings, or 24% of the total savings achieved by the overall transaction. Jefferies and Siebert Williams Shank served as Dealer-Mangers for the tender transaction.

Governor Hochul Announces Nearly $50 Million Available for Farmland Protection Projects

 

$4.5 Million Allocated to Each Region Across New York State

Eligibility Criteria Expanded to Include Field Crops and Livestock Industries and Land Access Goals

 Governor Kathy Hochul today announced that nearly $50 million in funding is available through the Farmland Protection Implementation Grants Program. The program, which celebrated a significant milestone of reaching 100,000 acres of farmland protected across the state in April, helps to support perpetual agricultural conservation easement projects to keep agricultural land in production and ensure the long-term viability of New York's farming operations.

"New York's Farmland Protection Program is a critical tool in our efforts to protect the state's agricultural heritage and ensure a sustainable food supply for future generations," Governor Hochul said. “With over 100,000 acres of farmland already protected through this program and with this new nearly $50 million in funding, we will continue to work with farmers to conserve land and keep farms in production – supporting our economy, our environment and the long-term stability of New York’s agricultural industry."

For Round 19 of the State's Farmland Protection program, $47.5 million will be awarded to projects that support the State's top priorities, including food security, climate resiliency, and source water protection. In addition, the eligibility criteria for the program has been expanded again, now including three new categories: field crops, livestock or livestock products, and access to farmland. Access to farmland is specifically intended to help address ongoing challenges facing new and beginning farmers as well as retiring farmers in this area. Round 18 was the first time the eligibility criteria for the Farmland Protection program had been expanded, including the agroforestry, equine, and wine sectors to reflect New York's diverse agricultural industry.

As part of the funding awarded, $4.5 million will be allocated to each of the State’s 10 economic development regions. Round 19 also continues the one-time incentive payment of 10 percent of the value of the agricultural conservation easement being required for projects that meet climate resilience or source water protection goals.

During Earth Week this year, Governor Kathy Hochul announced New York State has reached a significant milestone in protecting valuable and at-risk farmland through its Farmland Protection Implementation Grant program. As of April 2023, the Farmland Protection Implementation Grants Program (FPIG) has helped preserve more than 107,000 acres of New York farmland through completed conservation easement projects totaling more than $250 million on nearly 370 farms. This milestone builds on legislation the Governor signed last year that set the goal to support and contribute to national efforts to conserve at least 30 percent of U.S. land and water by 2030.

Approximately 20 percent of the state's land area, or nearly 7 million acres, is farmland. The Department's Farmland Protection Program provides financial assistance to counties, municipalities, soil and water conservation districts, and land trusts to enable them to implement farmland protection activities consistent with local agricultural and farmland protection plans. The most frequently funded activity is the purchase of development rights on individual farms through the FPIG program, the Dairy Transitions Farmland Protection Initiative, or the Farm Operations in Transition Farmland Protection Initiative. However, the program also awards funding to land trusts and land conservancies to enable other implementation activities, such as amendments to local laws affecting agriculture, option agreements, and covering the transaction costs of donated agricultural conservation easements.

The Governor's Executive Budget proposes to continue to fund the Farmland Protection program at $21 million, through the Environmental Protection Fund.

State Comptroller Thomas P. DiNapoli's Weekly News

 

NYC’s Short Term Finances Are Boosted by

Strong Tax Collections + Savings Initiatives

Stronger-than-anticipated revenue and savings initiatives will allow New York City to maintain budget balance in the coming fiscal year, but the City faces financial pressures that are likely to increase already large out-year budget gaps, according to a report on the City’s 2024 Executive Budget released by State Comptroller DiNapoli. “The City’s economy continues to show resilience, supporting relatively strong revenues in the near-term,” DiNapoli said. “Still, the City faces considerable challenges, including costs to assist asylum seekers and fiscal cliffs for several programs. Given current reserve levels, budget risks, and an uncertain economy, the City should leverage short-term revenue strength and deposit more funds into its reserves to better weather the years ahead.” Read More

ALSO IN THE NEWS THIS WEEK

Note: Some news links may require a paid subscription.  New York pension fund puts ESG pressure on  Amazon, Facebook, ExxonMobil and others The Thruway Authority shouldn't be raising  tolls on those who pay until it does a better  job of collecting from those who don't. Comptroller concerned as state tax  collections are far below projections

  Tweet of the Week

Tom DiNapoli @NYSComptroller

Pelham Parkway Neighborhood Association Tuesday June 13, 2023

 

The Pelham Parkway Neighborhood Association is back with their monthly community meeting on TUESDAY JUNE13th,2023 starting at 7:00 pm at our location 2134 Barnes Avenue corner of Barnes and Lydig Avenue Bx, NY 10462. Confirmed to appear From The Mayor's Office: NYC Office For The Prevention Of Hate Crimes. Please join us for this very important and informative session.

PLEASE join us . We look forward to seeing you!

Four Additional Oath Keepers Sentenced for Seditious Conspiracy Related to U.S. Capitol Breach

 

Four members of the Oath Keepers were sentenced this week on seditious conspiracy and other charges for crimes related to the breach of the U.S. Capitol on Jan. 6, 2021. Their actions and the actions of others disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

Roberto Minuta, 39, of Prosper, Texas, was sentenced June 1 to 54 months in prison followed by 36 months of supervised release.

Edward Vallejo, 64, of Phoenix, Arizona, was sentenced on June 1 to 36 months in prison followed by 36 months of supervised release, including the first 12 months to be served on home confinement.

David Moerschel, 45, of Punta Gorda, Florida, was sentenced on June 2 to 36 months in prison followed by 36 months of supervised release.

Joseph Hackett, 53, of Sarasota, Florida, was sentenced on June 2 to 42 months in prison followed by 36 months of supervised release.

The four defendants were found guilty of seditious conspiracy, conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy to prevent Members of Congress from discharging their official duties on Jan. 23, following a seven-week trial. Hackett was also found guilty of destruction of evidence.

According to the evidence, in the months leading up to Jan. 6, the defendants and their co-conspirators plotted to oppose by force the lawful transfer of presidential power, including by amassing an armed “quick reaction force” on the outskirts of the District of Columbia. Beginning in late December 2020, via encrypted and private communications applications, the defendants and various co-conspirators coordinated and planned to travel to Washington, D.C., on or around Jan. 6, 2021, the date of the certification of the electoral college vote. The defendants made plans to bring weapons to the area to support the operation. The co-conspirators then traveled across the country to the Washington, D.C., metropolitan area in early January 2021, with paramilitary gear and supplies including firearms, tactical vests with plates, helmets, and radio equipment.

The defendants conspired through a variety of manners and means, including: organizing into teams that were prepared and willing to use force and to transport firearms and ammunition into Washington, D.C.; recruiting members and affiliates to participate in the conspiracy; organizing trainings to teach and learn paramilitary combat tactics; bringing and contributing paramilitary gear, weapons, and supplies – including knives, camouflaged combat uniforms, tactical vests with plates, helmets, eye protection and radio equipment – to the Capitol grounds; breaching and attempting to take control of the Capitol grounds and building on Jan. 6, 2021, in an effort to prevent, hinder and delay the certification of the electoral college vote; using force against law enforcement officers while inside the Capitol on Jan. 6, 2021; continuing to plot, after Jan. 6, 2021, to oppose by force the lawful transfer of presidential power and using websites, social media, text messaging and encrypted messaging applications to communicate with co-conspirators and others.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Justice Department’s National Security and Criminal Divisions. Valuable assistance was provided by numerous U.S. Attorneys’ Offices across the country.

The case is being investigated by the FBI’s Washington Field Office, as well as the Metropolitan Police Department, with significant assistance provided by the FBI’s New York, Dallas, Tampa and Phoenix Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the U.S. Secret Service.

In the 28 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.