Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.06 - Management of Nature Preserves

Current through Register 1525, July 5, 2024
Nature preserves are established to preserve and protect the
				natural communities of an area. A protection plan as provided in
				321 CMR
				11.05 shall be prepared for each nature
				preserve. Management activities, except as otherwise specified in the
				protection plan for a particular area or by other provisions of law, shall
				conform to the following guidelines:
(1)
Records.
Records
			 shall be kept for each nature preserve by the managing agency. Records shall
			 include, but not be limited to, the protection plan and all programs and
			 actions complementing or modifying said plan including maps, reports, studies,
			 descriptions of pertinent events, and other documentary material. One copy of
			 the record shall be kept for the Council by the Natural Heritage and Endangered
			 Species Program.
(2)
Research and Education.
Nondestructive research is
			 encouraged in nature preserves. Research or educational programs within nature
			 preserves may be conducted by individuals, groups, or governmental agencies
			 when such activities will not have a detrimental effect on the natural features
			 of the area or its objectives under the protection plan.
(a) A person desiring to conduct research or
			 educational activities not otherwise permitted in
			 321 CMR
			 11.00 or in the protection plan for a particular
			 nature preserve must secure the permission of the managing agency for the
			 proposed activities by requesting a permit for such use. Permission may be
			 extended to a leader authorized to represent group members or
			 subpermittees.
(b) Permission of
			 the managing agency shall be required for educational use of or other public
			 access to a nature preserve when the group exceeds ten persons; or when the
			 activities involve manipulation of the habitat; or when the area to be visited
			 by the group is otherwise closed to human visitation.
(c) Application for permission for research
			 or educational activities which are not exempted under 321 CMR 11.06(2)(b) or
			 (g) shall be on a form prescribed by the Council and shall be obtainable from
			 the Council or the managing agency. Information on such form shall include, but
			 not be limited to, the name, address, position, and professional qualifications
			 of the applicant; a description of the proposed activities including the
			 objectives, methods, and procedures to be followed; duration of the project;
			 specific sites to be visited or used; frequency and length of visits; detailed
			 description of disturbances; number and disposition of specimens; permits or
			 licenses held or required; and records to be kept or documents to be
			 developed.
(d) The managing agency
			 shall review the application and approve, conditionally approve, or reject the
			 proposed use. The agency's decision shall be based on: the relationship of the
			 proposed activity to the dedicated objective of the nature preserve and the
			 benefits to be derived therefrom; the ability and competence of the applicant;
			 information contained in the application; and the impact of the activity on the
			 nature preserve and the managing agency's ability to manage and control the
			 area while subject to research or educational use. An application shall be
			 responded to within 30 days of the receipt thereof. The Council shall be
			 notified of all applications and the action taken on them.
(e) A permit, when issued, shall contain
			 specific restrictions and conditions to protect the nature preserve. The permit
			 shall also contain appropriate requirements for reports by the permittee to the
			 managing agency and the Council and a form for reporting. Permits may be
			 modified, suspended, or revoked for violations of the permit conditions or of
			 321 CMR
			 11.00. Permittees shall report to the managing agency
			 and the Council on their activities as required and at least annually no later
			 than January 31st.
(f) Persons wishing to collect scientific
			 specimens for research or museum deposit shall obtain any necessary permits
			 from DFW, the U.S. Fish and Wildlife Service, or other governmental agencies
			 prior to collecting. Except as provided in the protection plan, applicable
			 permits, or by the managing agency, collecting of specimens of whatever nature
			 or description, and for whatever purpose is prohibited.
(g) Nothing in 321 CMR 11.06(2) shall be
			 deemed to prohibit a managing agency or its contractors from conducting
			 research and education on a nature preserve under its jurisdiction by its
			 agency staff in accordance with its legal mandate and statutory
			 responsibilities, and such agency shall not be required to comply with
			 provisions of 321 CMR 11.06(2) for such research and education where not
			 contrary to the protection plan.