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Massachusetts Endangered Species Act (MESA)
The
Massachusetts
Endangered Species Act (M.G.L c.131A and regulations 321
CMR 10.00) protect rare species and their habitats by prohibiting
the "Take" of any plant or animal species listed
as Endangered, Threatened, or of Special Concern by the MA Division
of Fisheries & Wildlife. "Take" includes protection of
rare species habitat, and is defined as, "in references to animals to
harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect,
process, disrupt the nesting, breeding, feeding or migratory activity
or attempt to engage in any such conduct, or to assist such conduct,
and in reference to plants, means to collect, pick, kill, transplant,
cut or process or attempt to engage or to assist in any such conduct.
Disruption of nesting, breeding, feeding or migratory activity may result
from, but is not limited to, the modification, degradation or destruction
of Habitat." Permits for taking rare species for scientific, educational,
conservation, or management purposes can be granted through the Division
of Fisheries & Wildlife.
MESA Filing
There are three types of filings under MESA: 1) MESA Information Request for rare species information, 2) MESA Project Review, and 3) the Conservation and Management Permit Application.
1) MESA Information Request Form
Site specific rare species information for regulatory review can be requested from the NHESP. This is not required as part of a MESA Project Review, however, it is highly recommended that project proponents request this information prior to development of site plans, especially if the project falls within Priority Habitat or Estimated Habitat for rare species.
For large projects, we suggest that proponents come in early in the planning stage to discuss potential MESA issues.
If you are requesting information for habitat management or conservation purposes and you are a non-profit conservation group, government agency or working with a government agency fill out a Data Release Form. Do not fill out a MESA Information Request Form.
2) Filing Requirements for MESA Project Review
If a project falls within Priority Habitat of Rare Species and does not meet the MESA filing exemptions, proponents must file with the NHESP. Priority Habitat is defined as "the geographic extent of Habitat for state-listed species" as delineated by the Division pursuant to 321 CMR 10.12.
Some projects not mapped as priority habitat prior to the release of the 2006 Atlas may not be subject to MESA review if certain permitting milestones have been met. See Guidance Document.
Proponents should note that they may also need to file under the Wetlands Protection Act if their project is within Estimated Habitat for state-listed animal species, even if their project meets the MESA filing exemptions. Habitat for state-listed wetland animal species are delineated as Estimated Habitats.
3) Conservation and Management Permit Application
Projects resulting in a "take" of state-listed rare species may be eligible for a Conservation and Management Permit (321 CMR 10.23).
Rare Species Survey Protocols - You may be requested to conduct a Rare Species Habitat assessment or survey for rare species. Read this section for more information about Rare Species Habitat Assessments, Botanical Survey Protocols and Mussel Transplant Protocols.
Commerical Scientific Collection Permit Application
Appealing Decisions under MESA - view the regulatory provisions to appeal Agency decisions under MESA.
MESA Penalties - a failure to file under MESA or adhere to the conditions of a Conservation and Management Permit shall constitute a violation of MESA and is subject to fine.