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About Regulatory Review at NHESP:
A primary responsibility of the Natural Heritage and Endangered Species Program is the regulatory protection of rare species and their habitats as codified under the Massachusetts Endangered Species Act (M.G.L. c.131A) and Wetlands Protection Act (M.G.L. c.131 s.40).
The Massachusetts Endangered Species Act (MESA) was enacted in December 1990 (M.G.L. c.131A). Implementing regulations were promulgated in 1992 and recently revised and implemented as of July 1, 2005 (321 CMR 10.00). The recent MESA revisions clarify filing requirements, implement fees, and specify time lines for the regulatory review process.
Other Pertinent Legislation
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The Massachusetts Environmental Policy Act (MEPA) (M.G.L. c.30, secs. 61-62H) also provides for the review of proposed projects for potential impacts to state-listed rare species. All projects resulting in a take of state-listed rare species on a project site of two or more acres within Priority Habitat of Rare Species may be required to file an Environmental Notification Form (ENF) with the MEPA office (301 CMR 11.03(2)). All projects that require the filing of an ENF will be screened by NHESP staff for review.
Massachusetts Forest Cutting Practices Act (M.G.L. c. 132 sec. 40-46) and Regulations (304 CMR 11.00) require the review of certain forest cutting plans for potential impacts to rare species. All Forest Cutting Plans for sites within Priority Habitat or Estimated Habitat will be sent to NHESP for review by a Department of Conservation and Recreation Forester. Forest land owners may want to submit a MESA Information Request Form prior to preparing a Forest Cutting Plan. Rare species fact sheets are also available.
NOTE: For information on the Federal Endangered Species Act, please see the U.S. Fish & Wildlife Service's endangered species web page at http://endangered.fws.gov/.