Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 18.00 - Aquatic Nuisance Control Program › Section 18.05 - Orders, Quarantines, and Emergencies

Current through Register 1525, July 5, 2024
(1)
Orders
. The Commissioner may issue such orders as he
			 or she deems necessary to aid in the enforcement of
			 302 CMR 18.00. Such orders
			 may include, but shall not be limited to, orders requiring persons to cease any
			 activity which is in violation of
			 302 CMR 18.00, or to carry
			 out activities necessary to bring such person into compliance. Orders shall
			 apply to all users of an Inland Water body, including residents living on the
			 shores of the Inland Water body. Orders may be specific to a particular Inland
			 Water body or region, or specific to a particular Aquatic Nuisance Species. DCR
			 will Post its Orders on the DCR website (
www.mass.gov/eea/agencies/dcr
) and,
			 if a particular location is affected, at that location. Such Order may include,
			 but is not limited to, boat ramps, swim beaches, and public access
			 sites.
(2)
Quarantines
. Upon a finding that an ANS may interfere
			 with the recreational use or ecological stability of a body of water or
			 interfere with the natural resources thereof, the Commissioner, with notice to
			 the Commissioner of the Department of Fish and Game, may issue a temporary or
			 permanent quarantine on the use of such Inland Waters of the Commonwealth. Such
			 a finding will be made after a risk assessment that evaluates factors
			 including, but not limited to, whether an ANS infestation in an Inland Water
			 body is new to the Commonwealth, the risk of spread of the ANS beyond the
			 Inland Water body, the geographic location of the infestation, and anticipated
			 ecological, recreational, and economic impacts of the infestation. Quarantines
			 may include, but are not limited to, boat ramps, swim beaches, and public
			 access sites. DCR will Post notice of its quarantine at the location of the
			 water body and on the Department's website (
www.mass.gov/eea/agencies/dcr
). A
			 quarantine shall apply to all uses and users of an Inland Water body, including
			 residents living on the shores of the Inland Water body.
(3)
Emergency Authority to
			 Regulate Surface Use
. When the Commissioner determines that an
			 Aquatic Nuisance Species has infested an Inland Water body such that the
			 infestation may be made worse or significantly spread by using Vessels on the
			 Inland Water body, the Commissioner, with notice to the Commissioner of the
			 Department of Fish and Game, may issue an emergency order to restrict, restrict
			 access to, or ban any use of any Vessel, or any activity that causes or may
			 cause the spread of Aquatic Nuisance Species, on all or part of such Inland
			 Water body. Such order may include, but is not limited to, boat ramps, swim
			 beaches, and public access sites. The order must be for a specific period of
			 time. The order may require that any Vessel on the water body be removed at
			 specified locations. The order may further require that those boats, trailers,
			 and equipment be inspected and cleaned by designated boat inspectors upon being
			 taken out of the water at specified locations. DCR will Post notice of its
			 emergency order at the location of the water body and on the Department's
			 website (
www.mass.gov/eea/agencies/dcr
).