reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 2.00 - Miscellaneous Regulations › Section 2.12 - Artificial Propagation of Birds, Mammals, Reptiles, and Amphibians

Current through Register 1525, July 5, 2024
(1)
Purpose and
			 Scope
. The purpose of 321 CMR 2.12 is to establish the procedural
			 and substantive requirements for the licensing, possession, propagation,
			 maintenance, and disposition of wild birds, mammals, reptiles and amphibians.
			 321 CMR 2.12 is designed to protect wild animals from unnecessary or
			 undesirable interference and from improper treatment. 321 CMR 2.12 is also
			 necessary for the protection of the public health, welfare and safety when wild
			 animals are possessed, maintained or propagated in Massachusetts.
Wild animals, regardless of whether or not they are born in
				captivity, often revert to their wild nature when sexually mature and can do
				considerable harm to persons. Furthermore, wild animals retained in captivity
				and dependent on humans for care may not be capable of surviving in the wild if
				problems arise and they are ejected by those who had attempted to care for
				them. The result is an animal that may suffer a lingering fate prior to death
				and may be a potential danger to the public. The purpose of 321 CMR 2.12 is to
				prevent not only the potential public menace, disease, personal injury and
				property damage which result when the animals are ejected, but to protect the
				animals from the potential for needless or unnecessary suffering as well. Thus,
				the scope of 321 CMR 2.12 is to regulate:
(a) the importation, taking from the wild,
			 possession, propagation, purchasing or receipt of protected animals intended to
			 be kept by any person in Massachusetts;
(b) to define specific categories for which
			 licenses may be issued for the possession, maintenance, propagation or
			 cultivation of protected wildlife;
(c) to establish minimum requirements for the
			 possession, maintenance and artificial propagation of protected
			 animals;
(d) to establish
			 administrative procedures for the initial issuance and subsequent renewal of
			 licenses; and
(e) to otherwise
			 implement the licensing provisions of M.G.L. c. 131, § 23.
321 CMR 2.12 is promulgated and effective in addition to and in
				conjunction with 7 U.S.C. § 2132
et seq.
as amended,
				commonly known as the federal Animal Welfare Act and the licensing program of
				the United States Department of Agriculture. Compliance with the requirements
				of the United States Department of Agriculture does not exempt an applicant
				from compliance with 321 CMR 2.12 or other laws of Massachusetts. Thus, the
				issuance of the so-called federal exhibitor's permit to any person other than a
				zoo, as defined in 321 CMR 2.12(2), does not exempt that person from compliance
				with 321 CMR 2.12 and its licensing provisions.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 2.00 - Miscellaneous Regulations › Section 2.16 - Prohibition on Contests for the Capture, Take or Waste of Predator and Furbearer Animals

Current through Register 1525, July 5, 2024
It shall be unlawful for any person to organize, sponsor,
				promote, conduct or participate in a contest in which participants compete for
				prizes or other inducements that results in the capture, take or waste of those
				predatory or furbearing animals regulated by the Division pursuant to
				321 CMR 3.02(3)
				 or
				321 CMR
				3.02(5)(b)2. and 5. through
				11.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 2.00 - Miscellaneous Regulations › Section 2.17 - Prohibition on the Waste of Certain Game

Current through Register 1525, July 5, 2024
1. It is
			 unlawful for any person while hunting or trapping in accordance with
			 321 CMR
			 3.02 to waste an animal. For the purposes of
			 321 CMR 2.16 and 2.17, "waste" means to intentionally or knowingly leave a
			 wounded or dead animal that the person has hunted or trapped in the field or
			 the forest without making a reasonable effort to retrieve the animal and use
			 it.
2. Each such retrieved animal
			 shall be retained in the individual's possession or transferred to another and
			 retained in their possession until processed or used as food, or for the pelt,
			 feathers, or for taxidermy.
3. Each
			 retrieved animal shall be checked in accordance with
			 321 CMR
			 3.02.
4. The requirements of 321 CMR 2.17(1) and
			 (2) shall not apply to animals that are unfit for consumption or use. For the
			 purposes of this section, "unfit for consumption or use" shall mean animals or
			 their parts that are damaged, destroyed, decayed, rotting, diseased or
			 infected.
5. The prohibition of
			 waste in 321 CMR 2.17(1) and (2) shall not apply to:
(a) any animal taken pursuant to M.G.L. c.
			 131, § 37; or
(b) those
			 animals identified in M.G.L. c. 131, § 5 except for fox and wildcat, the
			 take of which are regulated pursuant to
			 321 CMR
			 3.02(3); or
(c) any animal taken in accordance with
			 321 CMR
			 2.08 or
			 2.14.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 3.00 - Hunting › Section 3.05 - Hunting, Fishing, Trapping and Taking of Reptiles and Amphibians in All the Counties of the Commonwealth

Current through Register 1525, July 5, 2024
(1) No person shall
			 disturb or harass or, except as authorized in a special educational,
			 scientific, or conservation and management permit from the Director, shall take
			 by any means any species of amphibian or reptile listed as endangered,
			 threatened, or special concern in
			 321 CMR
			 10.90: List of Endangered, Threatened, and
			 Special Concern Species, or any of the following species or their eggs or
			 young:
(a) Spotted salamander (Ambystoma
			 maculatum)
(b) Four-toed salamander
			 (Hemidactylium scutatum)
(c) Spring
			 salamander (Gyrinophilus porphyriticus)
(d) Northern leopard frog (Lithobates
			 pipiens)
(e) Spotted turtle
			 (Clemmys guttata)
(f) Eastern
			 hognosed snake (Heterodon platirhinos)
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 4.00 - Fishing › Section 4.02 - Taking of Carp and Suckers for the Purpose of Sale

Current through Register 1525, July 5, 2024
(1) Definitions:
Carp
means only the common carp
				(
Cyprinus carpio
)
Sucker
means only the white sucker
				(
Catostomus commersoni
)
(2) Carp and suckers shall not be taken from
			 the inland waters of the Commonwealth and shall not be sold or offered for
			 sale.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 4.00 - Fishing › Section 4.03 - Taking of Commercial Eels from Inland Waters

Current through Register 1525, July 5, 2024
Eels shall not be taken from the inland waters of the
				Commonwealth for personal use as baitfish or for any commercial
				purposes.
Regulatory Authority: M.G.L. c. 131, §§ 4 and
				  52A.
Last Revised: 04-11-14
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 4.00 - Fishing › Section 4.04 - Taking of Fish in Interstate Ponds Lying Between Massachusetts and New Hampshire

Current through Register 1525, July 5, 2024
(1) Persons duly licensed or otherwise
			 entitled to fish under the laws of the Commonwealth or the State of New
			 Hampshire may fish in all portions of Lake Monomonac, Robbin Pond,
			 (Winchendon), Long Pond, (Tyngsboro, Dracut), Bent Pond, (Warwick), and Tuxbury
			 Pond, (Amesbury) in accordance with the New Hampshire fishing
			 regulations.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 4.00 - Fishing › Section 4.05 - Taking of Fish in Interstate Ponds Lying Between Massachusetts and Connecticut

Current through Register 1525, July 5, 2024
(1) Persons duly licensed or otherwise
			 entitled to fish under the laws of this Commonwealth or the State of
			 Connecticut may fish in all portions of the following named waters.
(2) Massachusetts laws and regulations
			 relating to fishing shall apply to all waters of Congamond Lake (Southwick),
			 and Hamilton Reservoir (Holland). Connecticut laws and regulations relating to
			 fishing shall apply to all the waters of Colebrook Reservoir, (Sandisfield),
			 Perry Pond, (Dudley), Muddy Pond, and Breakneck Pond, (Southbridge).
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 4.00 - Fishing › Section 4.06 - Taking of Fish in Interstate Ponds Lying Between Massachusetts and Rhode Island

Current through Register 1525, July 5, 2024
Pursuant to authority contained in M.G.L. c. 131, § 49,
				and in conference with the Chief of the Division of Fisheries and Wildlife in
				the State of Rhode Island, I hereby promulgate the following rules and
				regulations relative to fishing in Wallum Lake lying between the Commonwealth
				of Massachusetts and the State of Rhode Island.
Wallum Lake
.
(a) All persons licensed or otherwise
			 entitled to fish under the laws of this Commonwealth or the State of Rhode
			 Island may fish in all portions of Wallum Lake (Douglas) in accordance with
			 Rhode Island regulations pertaining to dates, times, bag limits, and minimum
			 lengths.
(b) Patients in the State
			 Sanitorium, Burrillville, Rhode Island shall be entitled to fish without a
			 license only in that portion of said Wallum Lake lying within the State of
			 Rhode Island.
(c) Rules and
			 regulations for fishing in Wallum Lake promulgated on April 8, 1968 are hereby
			 revoked.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 5.00 - Coldwater Fish Resources › Section 5.01 - Introduction and Purpose

Current through Register 1525, July 5, 2024
Certain species of fish are sensitive to increases in
				temperature and require coldwater to fulfill one or more of their life stage
				requirements. Since the 1940's, the Division has documented the presence of
				coldwater fish resources (CFRs) in the Commonwealth where these fish occur. In
				the 1990's, the Division established a list of CFRs to facilitate the tracking
				and effective monitoring, management and protection of these resources by the
				Division, other state agencies, and local regulatory authorities, including
				conservation commissions and planning boards. Under the Department of
				Environmental Protection's Water Management Act regulations at
				310 CMR 36.00:
Massachusetts Water Resources Management Program
, an applicant
				proposing a water withdrawal that may affect a CFR designated by the Division
				pursuant to
				321 CMR
				5.00 will be required to minimize any impact on the
				CFR. The Division has not assessed all of the waterbodies in the Commonwealth
				to determine their status as a CFR.
				321 CMR
				5.00 codifies the criteria, procedures and related
				definitions used by the Division to designate waterbodies as CFRs.
				321 CMR
				5.00 also provides notice of where the Division's
				current list of CFRs is available for review by regulatory authorities and the
				general public.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 5.00 - Coldwater Fish Resources › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				321 CMR
				5.00, the following words or phrases shall have the
				following meanings:
Coldwater Fish
means the following
				fish species that are sensitive to increases in temperature and require
				coldwater to fulfill one or more of their life stage requirements:
(a) Longnose Sucker (
Catostomus
				catostomus
);
(b) Slimy sculpin (
Cottus cognatus
);
(c) Lake chub (
Couesius plumbeus
);
(d) American Brook Lamprey (
Lampetra
				appendix
);
(e) Burbot (
Lota lota
);
(f) Rainbow trout (
Oncorhynchus
				mykiss
);
(g) Rainbow Smelt (
Osmerus mordax
);
(h) Landlocked salmon (
Solmo salar
);
(i) Brown Trout (
Solmo trutta
);
(j) Brook Trout (
Salvelinus fontinalis
);
				and
(k) Lake Trout (
Salvelinus namaycush
.
Coldwater Fish Resource (CFR)
means a
				water body that contains Coldwater Fish that were reproduced in that waterbody
				or a tributary thereto and use such waters to meet one or more of their life
				history requirements.
Director
means the Director of the
				Division of Fisheries and Wildlife within the Department of Fish and
				Game.
Division
means the Division of
				Fisheries and Wildlife within the Department of Fish and Game.
Waterbody
means a lake, pond, stream,
				or river in its entirety unless otherwise segmented.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 5.00 - Coldwater Fish Resources › Section 5.03 - Criteria and Procedure for Designating a CFR

Current through Register 1525, July 5, 2024
(1) The Division may, on its own initiative
			 or in response to a reasonably supported request made pursuant to
			 321
			 CMR 5.04, assess a waterbody to determine its
			 status as a CFR. The Division's determination of whether a waterbody should be
			 designated as a CFR shall be based on biological data and other relevant
			 information, including but not limited to, the following considerations:
(a) sampling conducted by the Division for
			 the presence of Coldwater Fish in the waterbody in accordance with stream
			 survey and inventory protocols established by the Division;
(b) for any trout captured in a waterbody,
			 the Division will review one or more of the following:
1.stocking records for that species into that
			 or nearby waterbodies,
2.liberation
			 permits issued for that or nearby waterbodies, and
3.the sizes of trout encountered;
(c) non-trout coldwater fish are
			 presumed by the Division to be reproduced in the waterbody of capture or nearby
			 tributaries to the waterbody of capture.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 5.00 - Coldwater Fish Resources › Section 5.04 - Requests that the Division Evaluate the CFR Status of a Waterbody

Current through Register 1525, July 5, 2024
(1) A person may request the Division to
			 reconsider its designation of a waterbody as a CFR or to designate a waterbody
			 as a CFR. Any such request must be made in writing and provide the basis for
			 the request and include supporting biological data and information. Before
			 taking further action on a request, the Division may require the requestor to
			 provide additional supporting biological data or information.
(2) Within 60 days of the filing of a
			 request, the Division will notify the requestor in writing of whether the
			 request is reasonably supported and warrants the Division undertaking a
			 follow-up determination of its own of the applicable waterbody's CFR status in
			 accordance with
			 321 CMR
			 5.03(1). If the Division
			 determines that the request is reasonably supported, the Division's
			 determination will also identify a timeframe by which the Division will
			 undertake its follow-up determination of the waterbody's CFR status. The
			 Division will generally seek to undertake any such follow-up determination
			 during the Division's standard summer sampling period of July
			 1st through August
			 31st.
(3) When reasonably supported by a request,
			 the Division will make its own determination of a waterbody's CFR status in
			 accordance with
			 321 CMR
			 5.03(1), and notify the
			 requestor of the outcome of that determination in writing. If the Division's
			 determination is that a waterbody that is listed as a CFR no longer meets the
			 definition of a CFR in
			 321 CMR 5.02, it
			 shall be removed from the Division's list of CFRs posted on its website. If the
			 Division's determination is that a waterbody not previously listed as a CFR
			 meets the definition of a CFR in
			 321 CMR 5.02, it
			 shall be added to the Division's list of CFRs posted on its website (
http://mass.gov/dfw/cfr
).
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 7.00 - Wildlife Sanctuaries › Section 7.01 - Wildlife Sanctuaries- General

Current through Register 1525, July 5, 2024
(1)
Purpose
. 321 CMR 7.01 governs the administration of
			 wildlife sanctuaries and prohibited acts within the geographical boundaries of
			 such areas. These provisions incorporate the philosophy of the Division that
			 proper management of the wildlife resources of the Commonwealth necessitates
			 the preservation of all life forms in order to maximize the ecological balance
			 and genetic diversity of the environment.
(2)
Definitions
. As
			 used in 321 CMR 7.01:
(a)
feeding
			 and nesting environment
means the habitat of a species, including
			 all animal and plant life of the ecological communities of which the habitat is
			 comprised.
(b)
make use
			 of
means any action affecting or involving a wildlife sanctuary
			 which the Director determines is necessary or appropriate to carry out the
			 purposes for which such sanctuaries are established.
(c)
protecting
means
			 the conservation, preservation, replenishment, restocking, rehabilitation,
			 research, habitat protection, education, and any other means of attempting to
			 ensure the survival and/or proliferation of a species or ecological
			 community.
(d)
useful
			 fish, birds, or mammals
means all species of animal life, whether
			 vertebrate or not, which the Director deems necessary or appropriate to
			 preservation of the ecological balance and/or genetic diversity of the natural
			 world.
(e)
wildlife
			 sanctuary
means any lands, waters, shores, and interests therein
			 administered by the Director for protecting any species of useful fish, birds,
			 or mammals, and for aiding the propagation thereof, and in which activities are
			 governed by M.G.L. c. 131, §§ 7-10.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 9.00 - Exemption List › Section 9.02 - List of Domestic Animals

Current through Register 1525, July 5, 2024
(1)
			 Definitions: For the purposes of 321 CMR 9.02, the following words or phrases
			 shall have the following meanings.
Director means the Director of the Massachusetts Division of
				Fisheries and Wildlife or his agent.
Domestic Animals means only those animals listed in 321 CMR
				9.02(3), except as provided in 321 CMR 9.02(2)(d).
(2) Exemptions, presumption, etc.
(a) Domestic animals as listed in 321 CMR
			 9.02(3) shall be exempt from the provisions of M.G.L. c. 131, § 23, and
			 may be possessed, propagated, maintained, imported, bought, sold, or otherwise
			 disposed of, provided that such is not contrary to any local, state, or federal
			 law.
(b) Ferrets (
Mustela
			 furo
or
Mustela putorius furo
) may be possessed,
			 bought, and sold only in accordance with provisions of M.G.L. c. 131, § 77
			 and
			 321 CMR
			 2.07.
(c) Any vertebrate taxa not listed in 321 CMR
			 9.02 shall be presumed to be wild and shall be subject to the provisions of
			 M.G.L. c. 131.
(d) This list of
			 domestic animals shall be in addition to the list of exempt wild animals
			 established pursuant to
			 321 CMR
			 9.01.
(e) Hybrids between or among wild mammals and
			 domestic mammals, except for wild canid and wild felid hybrids, shall be
			 considered domestic animals. Wild canid and wild felid hybrids shall be subject
			 to the provisions of M.G.L. c. 131, § 77A.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part I - General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies › Section 10.01 - Introduction and Purpose

Current through Register 1525, July 5, 2024
(1)
Introduction
.
				321 CMR 10.00 is promulgated
				by the Massachusetts Division of Fisheries and Wildlife Division pursuant to
				the authority granted under M.G.L. c. 131 A, The Massachusetts Endangered
				Species Act (MESA).
				321 CMR 10.00 shall
				complement MESA and shall have the force of law upon their effective
				date.
(2)
Purpose
. The purpose of
				321 CMR 10.00 is to define
				and clarify the procedures and rules necessary for the agency to carry out
				responsibilities under M.G.L. c. 131 A, Massachusetts Endangered Species Act.
				321 CMR 10.00 establishes a
				comprehensive approach to the protection of the Commonwealth's Endangered,
				Threatened, and Special Concern species and their habitats. Regulations include
				provisions for the protection of habitat areas (Significant Habitat) where in
				the Division's opinion a Project or Activity would result in the Take of any
				Threatened or Endangered species. Also included are environmental review
				provisions for habitat areas (Priority Habitat) identified as areas where there
				is the potential that a Take of any Endangered, Threatened, or Special Concern
				species may occur as a result of any Project or Activity. Separate review
				mechanisms are established for Projects or Activities in these areas. Priority
				Habitats are used for screening Projects or Activities that may result in the
				Take of State-listed Species and to provide guidance to project proponents
				regarding a Project or Activity through consultation with the Division. The
				Priority Habitat review procedures are designed to assist proponents with
				Projects or Activities that will take place in mapped Priority Habitat in order
				to avoid a Take of a State-listed Species. Specifically,
				321 CMR 10.00 sets forth
				procedures for the listing of Endangered, Threatened, and Special Concern
				species, establishes rules and prohibitions regarding activities which Take
				such species or alter designated Significant Habitats, the Taking and
				possession of State-listed Species, and procedure for the delineation of
				Priority Habitat, and the review of Projects or Activities within Priority
				Habitat.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part I - General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies › Section 10.02 - Definitions and Abbreviations

Current through Register 1525, July 5, 2024
For the purposes of
				  321 CMR 10.00, the following
				  words or phrases shall have the following meanings:
Agriculture.
(a)
				Land in Agricultural Use means land presently and primarily used in producing
				or raising one or more of the following agricultural commodities for commercial
				purposes:
1. animals, including but not
				limited to livestock, poultry, and bees;
2. fruits, vegetables, berries, nuts, maple
				sap, and other foods for human consumption;
3. feed, seed, forage, tobacco, flowers, sod,
				nursery or greenhouse products, and orna- mental plants or shrubs;
				and
4. forest products on Land
				Devoted to Forest Purposes, including but not limited to biomass, sawlogs, and
				cordwood, but not including the agricultural commodities described in 321CMR
				10.02: Agriculture(a)1. through 3.
Additionally, land in agricultural use means land presently
				  and primarily used in a manner related to, and customarily and necessarily used
				  in, producing or raising such commodities, including but not limited to:
				  existing access roads and livestock crossings; windbreaks; hedgerows; field
				  edges; bee yards; sand pits used as part of an agricultural activity; landings
				  for forest products; fence lines; water management projects such as reservoirs,
				  farm ponds, irrigation systems, field ditches, cross ditches, canals/channels,
				  grass waterways, dikes, sub-surface drainage systems, watering facilities,
				  water transport systems, and water storage systems; agricultural composting
				  sites; agricultural storage and work areas; and land under farm
				  structures.
Land in agricultural use may lie inactive for up to five
				  consecutive years unless it is under a United States Department of Agriculture
				  (USDA) contract for a longer term pursuant to the Conservation Reserves Program
				  (the Food Securities Act of 1985, as amended by the Food, Agriculture,
				  Conservation and Trade Act of 1990; and 7 CFR 1410) , or it is used for the
				  forestry purposes described in 321 CMR 10.02: Agriculture(b)14. The issuing
				  authority may require appropriate documentation, such as a USDA Farm Plan or
				  aerial photography, to demonstrate agricultural use.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part I - General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies › Section 10.03 - Listing of Species

Current through Register 1525, July 5, 2024
(1)
Introduction
. The list of Endangered, Threatened, and
				Special Concern species in effect prior to the effective date of
				321 CMR 10.00, as amended by
				the Fisheries and Wildlife Board on December 30, 1991, is established within
				321 CMR
				10.90 as the first edition of the list. 321
				CMR 10.03 establishes the procedures for amending and updating all subsequent
				editions of the list.
(2)
Species Investigations
. The NHESP shall conduct
				investigations, including but not limited to field surveys and reviews of
				museum collections, herbaria and published reports, in order to determine
				whether any species of plant or animal should be considered for
				listing.
(3)
Eligible
				Species
. Any species native to Massachusetts is eligible for
				listing.
(4)
Federally
				Listed Species
. Any species which regularly occurs within
				Massachusetts and which is listed as endangered or threatened under the
				provisions of the Federal Endangered Species Act shall be listed in an
				equivalent category on the state list found at
				321 CMR
				10.90; provided, however, that the listing of
				any species on the federal list as a Threatened species shall not limit the
				discretion of the Director to list said species as Endangered.
(5)
Criteria for Listing
				Species
. The criteria for determining Endangered, Threatened, or
				Special Concern status shall be based on biological data, including, but not
				limited to:
(a) taxonomic status;
(b) reproductive and population status and
				trends;
(c) whether the species is
				native or has been introduced;
(d)
				vulnerability, as determined by threats to the species or its
				habitat;
(e) specialization, as
				determined by unique habitat requirements;
(f) restricted distribution, as determined by
				limited or disjunct geographic range; and
(g) rarity, as determined by a limited number
				of occurrences or by occurrence in limited numbers.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part I - General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies › Section 10.04 - Taking and Possession of Species on State and Federal Lists

Current through Register 1525, July 5, 2024
(1)
Prohibitions
.
				Except as otherwise provided in 321 CMR 10.04(2) and (3), no person may take,
				possess, transport, export, process, sell or offer for sale, buy or offer to
				buy, nor shall a common or contract carrier knowingly transport or receive for
				shipment, any plant or animal or part thereof on the state list or federal
				list; provided, however, that ownership, sale, or purchase of real property on
				which such plant or animal occurs is not prohibited.
(2)
Exemptions.
(a)
In Transit
. Any
				person may transport, possess or sell, in accordance with the terms of any
				necessary state and federal permit, any plant or animal or part thereof on the
				state list or federal list, which enters Massachusetts from another state or
				from a point outside the territorial limits of the United States; provided that
				such plants or animals or parts thereof are lawfully possessed outside of
				Massachusetts; and provided further that such plants or animals are possessed
				not more than 24 hours in Massachusetts and are transported through
				Massachusetts while in transit to another destination outside of Massachusetts.
				For the purposes of 321 CMR 10.04(2)(a), necessary state and federal permits
				shall include, but not be limited to, those required under M.G.L. c. 131 and
				the regulations promulgated thereunder and any other state or federal permit
				required for the possession or sale of species on the state list or federal
				list.
(b)
Plant
				Propagation and Nursery Sales
. A person may take, possess,
				propagate, buy, or sell all plants or parts thereof on the state list or
				federal list in cultivation, provided that such plants or parts thereof are
				lawfully held under other state or federal laws and shall not have been taken
				from the wild in Massachusetts after March 27, 1991 or after the time of
				subsequent listing of said species pursuant to
				321 CMR
				10.03.
(c)
Animal Possession Prior to
				Effective Date
. Any person may possess any animal, or part
				thereof, on the state list or federal list, that was lawfully possessed on
				March 27, 1991 or at the time of subsequent listing of said species pursuant to
				321 CMR 10.03,
				provided however, that no such animal or part thereof may be sold or traded for
				value.
(d)
Federally
				Authorized Uses of Species on the Federal List
.
1. Any person may, in accordance with all
				applicable federal laws, possess, sell, buy, or trade any finished products,
				including but not limited to carvings, clothing, jewelry, and similar goods,
				made from species on the federal list.
2. Any person may, in accordance with all
				applicable federal laws, possess parts of plants or animals on the federal list
				for ceremonial and religious purposes.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part I - General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies › Section 10.06 - Penalties

Current through Register 1525, July 5, 2024
(1)
Unauthorized Taking,
				Possession, and Sale of Species on the State or Federal Lists
. Any
				person who violates the provisions of the first paragraph of M.G.L. c. 131A,
				§ 2 or
				321 CMR
				10.04 or
				10.11 through
				10.24 shall be
				punished by a fine of not less than $500 or imprisonment for not more than 90
				days or both such fine and imprisonment. Upon a second or subsequent conviction
				such person shall be punished by a fine of not less than $5,000 nor more than
				$10,000 or by imprisonment for not more than 180 days or both such fine and
				imprisonment.
(2)
Unauthorized Alteration of Significant Habitat
. Any
				person who violates the provisions of the second paragraph of M.G.L. c. 131A,
				§ 2 or
				321 CMR
				10.61(1)  shall be punished
				by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for
				not more than 90 days or both such fine and imprisonment. Upon a subsequent
				conviction, such person shall be punished by a fine not less than $10,000 nor
				more than $20,000 or by imprisonment for not more than 180 days or both such
				fine and imprisonment. In addition or as an alternative to such penalties, any
				such person may be ordered to restore the Significant Habitat to its prior
				condition.
(3)
Civil
				Penalties
. Any person who violates M.G.L. c. 131A, § 2 or any
				rule or regulation adopted thereunder shall be subject to a civil assessment
				not to exceed $10,000 for each such violation.
(4)
Multiple
				Violations
. The commission of an act prohibited by M.G.L. c 131A
				or any rule or regulation adopted thereunder with respect to each individual
				animal or plant, or part thereof, shall constitute a separate
				offense.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part I - General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies › Section 10.07 - Addresses

Current through Register 1525, July 5, 2024
For the Director and Division: MA Division of Fisheries &
				  Wildlife, 251 Causeway Street, Suite 400, Boston, MA 02114.
For the Natural Heritage & Endangered Species Program:
				  Natural Heritage & Endangered Species Program, MA Div. of Fisheries &
				  Wildlife, Route, 135, Westborough, MA 01581.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.11 - Introduction

Current through Register 1525, July 5, 2024
Part II of
				  321 CMR 10.00 establishes the
				  criteria for the delineation of Priority Habitat, establishes standards and
				  procedures for determining which Projects or Activities are located, or will
				  take place, in Priority Habitat, review procedures and performance standards
				  for determination of whether a Project or Activity will result in a Take, and
				  requirements necessary to obtain a Conservation and Management Permit from the
				  Director, and appeal procedures. Exempt Projects and Activities are defined in
				  321
				  CMR 10.14. Persons or entities undertaking
				  Projects or Activities within Priority Habitat that are not exempt from review
				  shall submit those Projects or Activities to the review process set forth in
				  321
				  CMR 10.18 or, where applicable, shall request
				  Division review in coordination with MEPA review.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.13 - Sites or Projects not in Priority Habitat

Current through Register 1525, July 5, 2024
(1)
Sites or Projects and
				Activities that are not Located or Will not Take Place in Priority
				Habitats
. Projects and Activities that are not located or will not
				take place in Priority Habitats shall not be subject to the review provision of
				321
				CMR 10.18, except in the circumstances
				described in 321 CMR 10.13(1)(a) and (b):
(a)
New Occurrence Information is Received by the
				Division.
1. If the Division
				receives new information on a State-listed Endangered or Threatened Species
				occurrence relating to a site that is not located in Priority Habitat, the
				Division may determine, within 30 days of its receipt of such occurrence
				information, whether the new State-listed Species occurrence meets the criteria
				for delineation of a Priority Habitat under
				321 CMR
				10.12, and whether any proposed Project or
				Activity at the site shall be reviewed under
				321
				CMR 10.18, provided, however, that the
				Division's determination is issued to the Record Owner of the site:
a. prior to the issuance of a final Order of
				Conditions by a conservation commission or DEP for a Project or Activity on the
				site; or
b. if the Project or
				Activity is not subject to the jurisdiction of the conservation commission,
				then prior to the issuance of any permit that has been subject to public
				hearing that was publicly noticed; or
c. if not subject to such a public hearing
				then prior to the issuance of a building permit;
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.14 - Exemptions from Review for Projects or Activities in Priority Habitat

Current through Register 1525, July 5, 2024
The following Projects and Activities shall be exempt from
				  the requirements of
				  321
				  CMR 10.18 through
				  10.23:
(1)
Agriculture and
				Aquaculture.
(a)
Normal Maintenance and Improvement of Land in Agricultural or
				Aquacultural Use
. All activities described under the definitions
				of Normal Maintenance and Improvement of Land in Agricultural Use or Normal
				Improvement of Land in Agricultural Use Aquacultural Use are exempt. This
				exemption shall continue only so long as such land remains in agricultural or
				aquacultural use. Land in agricultural use does not include those portions of a
				site that are not in such use and are not designated fallow land. The normal
				maintenance and improvement of land in agricultural or aquacultural use does
				not include site preparation for purposes of conversion to another,
				non-agricultural or non-aquacultural use;
(b)
Activities on Land Adjacent
				to or in the Immediate Vicinity of Land in Agricultural Use or Land in
				Aquacultural Use
. The following activities on land adjacent to or
				in the immediate vicinity of Land in Agricultural Use or Land in Aquacultural
				Use are exempt, provided such activities are carried out in accordance with a
				habitat management plan approved in writing by the Division:
1. the construction, expansion, or
				reconstruction of a water management system such as a reservoir, farm pond,
				ditch, dike, tailwater recovery systems or canal/channel;
2. the construction or expansion of storage,
				staging, work and composting areas;
3. farm structures, not including habitable
				dwellings, provided that the cumulative footprint of such farm structures does
				not exceed 4,000 square feet;
4.
				the installation of permanent windbreaks or hedgerows, or the cutting of
				vegetation to create forest boundaries up to five feet wide;
5. the squaring-off of fields and bogs,
				provided there is no increase in the amount of land in production beyond the
				minimum increase necessarily resulting from making the boundary of any field or
				bog more regular; and
6. the
				excavation of sand from sandpits (vertically and horizontally) for use in
				associated, on-site, agricultural and aquacultural operations, provided that
				such excavation activities are reasonable in scope and used exclusively for the
				related on-site crop production.
(c) The exemption under 321 CMR 10.14(1)(b)
				does not include site preparation for purposes of conversion to land in
				production or to other non-agricultural or non-aquacultural uses, or the sale
				or off-site use of any commodity that is associated with the exempt on-site
				agricultural and aquacultural activities.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.15 - Emergencies

Current through Register 1525, July 5, 2024
Any person requesting permission to do an emergency Project
				  or Activity shall specify to the Director why the Project or Activity is
				  necessary for the protection of the health or safety of the citizens of
				  Massachusetts and what agency of the Federal Government, the Commonwealth or
				  political subdivision thereof is to perform the project or activity, or has
				  ordered the Project or Activity to be performed. If the Proj ect or Activity is
				  approved by the Director as an emergency, the approval shall include a
				  description of work which is to be allowed and the duration of the work, and
				  shall not include work beyond that necessary to abate the emergency. Upon
				  completion of an emergency Project or Activity, the authorized person shall
				  file a written report with the Director detailing the work that was done under
				  this emergency authorization and a description of any restoration that may be
				  necessary to restore the site of the Project or Activity. In emergencies that
				  require immediate response in order to protect the health or safety of the
				  public and the responding person is unable to contact the Division prior to
				  responding to the emergency, the Division shall be notified as soon as possible
				  and any additional work shall require approval of the Director. Any Person that
				  initiates an emergency response without prior approval shall file a written
				  report within 30 days with the Director detailing the work that was performed
				  and a description of any restoration that may be necessary to restore the site
				  of the Project or Activity.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.16 - Project Segmentation and the Availability of Comprehensive MESA Reviews and Permits for Certain Municipalities

Current through Register 1525, July 5, 2024
(1)
Project Segmentation
. Projects shall not be segmented
				or phased to evade or defer the review requirements of
				321 CMR
				10.13 and
				10.18
				through
				10.23
				or the eligibility requirements for an exemption under
				321
				CMR 10.14. For the purposes of
				321 CMR
				10.13,
				10.14
				and
				10.18
				through
				10.23,
				the entirety of a proposed Project subject to review, including likely future
				expansions, shall be considered, and not separate phases or segments thereof In
				determining whether two or more segments or components are in fact parts of one
				Project, all circumstances shall be considered, including but not limited to
				time interval between phases, whether the segments or components, taken
				together, constitute a part of a common plan or scheme, whether there is a
				commonality of ownership interests across two or more separate legal entities,
				and whether environmental impacts are separable. Ownership by different
				entities does not necessarily indicate that two segments or components are
				separate. The Division may, based on the above considerations, require that two
				or more projects be reviewed as a common project under
				321
				CMR 10.18.
(2)
Comprehensive MESA Reviews
				and Permits for Municipalities.
(a) Municipalities that contain substantial
				areas of Priority Habitat within their boundaries may request technical
				assistance from the Division to undertake a joint comprehensive review of
				existing or potential development or habitat protection and management areas
				within the municipality for MESA planning and permitting purposes, including
				obtaining one or more reviews under
				321
				CMR 10.18 or a comprehensive conservation and
				management permit under
				321 CMR
				10.23. Such permit may include permitting
				approaches or permit conditions that authorize a local mitigation bank for
				affected state-listed species or the pre-permitting of building envelopes
				within one or more development areas identified during the above MESA review
				and permitting process.
(b) A
				municipality requesting technical assistance from the Division pursuant to 321
				CMR 10.16(2) shall submit a plan for the Division's approval that sets forth
				the municipality's proposed public participation process associated with the
				assessment and identification of existing or potential development or habitat
				protection and management areas within the municipality for MESA planning and
				permitting purposes.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.17 - Requests for State-listed Species Information

Current through Register 1525, July 5, 2024
(1) Whether a Project or an Activity is
				within or encroaches upon a Priority Habitat shall be determined by consulting
				the Natural Heritage Atlas, which shall be the authoritative delineation of the
				boundaries of said Priority Habitat.
(2) A Record Owner of land in Priority
				Habitat may submit a written request to the Division for a list of State-listed
				Species occurring in the Priority Habitat located on that Record Owner's
				property.
(3) The Division shall
				respond in writing to such requests within 30 days of receipt of all
				information required by 321 CMR 10.17(4) and the payment of a fee, the amount
				of which shall be determined by the commissioner of administration under the
				provisions of M.G.L. c.7, § 3B.
(4) All requests made under 321 CMR 10.17(2)
				shall include the following information:
(a)
				Name;
(b) Address;
(c) Ownership interest in the
				property;
(d) Acreage of the
				Property; and
(e) A copy of a USGS
				topographic map in scale 1:24,000 or 1:25,000 with the property location and
				the location of a proposed Project or Activity clearly marked and centered on
				the page.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.18 - Review of Projects or Activities for Take of State-listed Species in Priority Habitat

Current through Register 1525, July 5, 2024
(1) Except as
				provided in
				321 CMR
				10.13 and
				10.14,
				any Project or Activity that will be located or will take place in Priority
				Habitat shall be reviewed by the Division as provided in this section prior to
				commencement of any physical work or action in Priority Habitat. The Division
				shall review any such Project or Activity for the purposes of determining if a
				Take will result from any temporary or permanent modification, degradation or
				destruction of Priority Habitat occurring as a result of the proposed Project
				or Activity. Prior to the commencement of any physical work in Priority
				Habitat, the Record Owner of the land where such Project or Activity will occur
				shall submit the information listed in
				321 CMR
				10.20 to the Division. The Division shall
				notify the Record Owner within 30 days if the materials submitted satisfy
				321 CMR
				10.20 and request submission of any missing
				materials. Once the Division has determined all of the materials required by
				321 CMR
				10.20, including a review fee, the amount of
				which shall be determined by the commissioner of administration under the
				provisions of M.G.L. c.7, §3B, then the Division shall issue a file number
				for the review of that Project or Activity.
(2) After the issuance of a file number, the
				Division shall review the submitted materials to determine, based on the
				performance standard in
				321
				CMR 10.19, if the proposed Project or
				Activity either:
(a) has avoided a Take as
				proposed, or with conditions and may proceed without further review;
				or
(b) will result in a Take and
				cannot proceed as proposed. For purposes of M.G.L. c. 30A, §§ 10
				through 14, the determination of a Take shall constitute final agency decision
				in the form of a denial. The Division's determination shall be made in writing
				within 60 days after the issuance of a file number. Failure of the Division to
				issue a written determination within 60 days after the issuance of a file
				number shall be deemed to be a determination that the proposed Project or
				Activity does not result in a Take and requires no further review. The Director
				may extend the 60-day review period for up to two successive 20 day periods if
				circumstances beyond the control of the Division require additional time to
				complete the review, in which case the Division shall notify the Record Owner
				in writing of the extension and the reason for the extension. The response time
				may also be extended at the written request of the Record Owner.