These are the primary regulations relating to the Mass. Division of Fisheries and Wildlife. These regulations are technically known as Code of Massachusetts Regulations or CMRs, and they are promulgated and changed by the Fisheries and Wildlife Board . The CMR links are to the actual legal language of the statutes.

Note: This is NOT the official version of the Code of Massachusetts Regulations (CMR). While reasonable efforts have been made to assure the accuracy of the data provided, do not rely on this information without first checking an official edition of the CMR. If you are in need of legal advice or counsel, consult a lawyer. Text of the CMRs are periodically updated to reflect any changes made to them. The CMRs are individually dated as to the last date on which they were amended.

Last Updated: December 9, 2010

321 CMR 1:00 Reserved

321 CMR 5:00 Reserved

321 CMR 10:00 Massachusetts Endangered Species Act

Part I: General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies

10.01 Introduction and Purpose
10.02 Definitions and Abbreviations
10.03 Listing of Species
10.04 Taking and Possession of Species on State and Federal Lists
10.05 Responsibilities of State Agencies
10.06 Penalties
10.07 Addresses

Part II: Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat

10.11 Introduction
10.12 Delineation of Priority Habitat of State-listed Species
10.13 Projects or Activities Not in Priority Habitat
10.14 Exemptions from Review for Projects or Activities in Priority Habitat
10.15 Emergencies
10.16 Project Segmentation and the Availability of Comprehensive MESA Reviews and Permits for Certain Municipalities
10.17 Requests for State-listed Species Information
10.18 Review of Projects or Activities for Take of State-listed Species in Priority Habitat
10.19 Performance Standard for Avoidance of Take of State-listed Species
10.20 Project Filing Requirements
10.21 Denial and Appeal
10.22 Extension of a Determination
10.23 Conservation and Management Permit
10.24 Effective Date
10.25 Appeal Process
10.26 Conservation Planning for State-listed Species of Special Concern

Part III: Designation of Significant Habitat

10.30 Designation of Significant Habitat
10.31 Designation Proposal
10.32 Notice and Public Hearing
10.33 Review of Proposed Designation
10.34 Director's Finding and Designation
10.35 Filing of Designation Regulation and Effective Date
10.36 Distribution of and Availability of Designation Document
10.37 Recording of Designation
10.38 Appeals of Significant Habitat Designations
10.39 Petition to Purchase Significant Habitat
10.40 Review and Revision of Significant Habitat Designations

Part IV: Alteration of Significant Habitat

10.60 Introduction
10.61 Activities Within Significant Habitat
10.62 Activities Exempt from the Requirement for an Alteration Permit
10.63 Categorical Alterations and Non alterations
10.64 Director's Determination Whether an Activity will Alter Significant Habitat
10.65 Review Procedures
10.66 Standard Permit Review
10.67 MEPA: Coordinated Permit Review
10.68 Vegetation Management of Existing Utility Rights of way: Coordinated Permit Review
10.69 Recording of Alteration Permits
10.70 Variance
10.71 Appeals of Alteration Permit Decisions
10.72 Court Action

Part V: Species List, Designated Significant Habitats

10.90 List of Endangered, Threatened, and Special Concern Species
10.91 Index to State-listed Species
10.99 Designated Significant Habitats (Reserved)

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