April 2026 Advisory Committee Meeting Minutes

Minutes from the April 2026 meeting of the Natural Heritage and Endangered Species Advisory Committee

Location: Virtually via a Zoom webinar

Date: April 9, 2026

Chair Mello opened the January meeting at 1:34 p.m.  

Attendees

MEMBERS:
Present: Bill Brumback, Wayne Petersen, Dave Small, Kevin Powers, Mark Mello
Absent: Matt Sisk (Kyla Hastie (Fisheries and Wildlife Board) attended in Matt’s place)

ASSOCIATE MEMBERS:
Present: Russ Hopping, Andy Finton
Absent: N/A

AGENCY STAFF:
Present: Jesse Leddick

OTHERS:
Present: Karen Schwalbe

Acceptance of the Minutes of the January Quarterly Meeting

The following amendment was requested by Chair Mark Mello: “Max Strahan's letter on whale protection was sent to Committee members. Mark Mello does not intend to grant to Mr. Strahan’s request.” 

Dave Small motioned that the January minutes be accepted with the above amendment, Kevin Powers seconded, and members voted unanimously to approve. 

Committee Chair Mark Mello's comments

1. Status of new member search.
   1. Jesse: doing research, consulting with Heritage staff and gathering ideas for potential committee members. Interest in having a member with expertise in freshwater ecology. Goal to have representation for western MA, and western MA ecosystems. Developing a list of 8-10 potential candidates. 
   2. Jesse is also thinking about other areas of expertise lacking on the committee. Herpetology is such a skill set, based on many state-listed species and several proposed for listing at federal level.
   3. Jesse is interested in ideas for other expertise, e.g. botany.
   4. Mark: Can we let folks know we are interested in them? Jesse: Let’s develop a short list first, then Jesse, or committee members, can approach to see if they are interested.
   5. Mark suggests reaching out to Tom Tyning, a herpetologist in western MA. Others agree he would be great.
   6. Bill suggested Robert Burton as a plant expert. He taught at Holy Cross in the 1980s. He and Karen Searcy wrote flora of Worcester County. Submitting papers to Rhodora about orchids and other taxa. He may have been asked, and turned the opportunity down, in the past 10 years.
   7. We can also offer associate membership.
   8. Dave Small: Molly Hale: Herpetology, botany, now lichens, from western MA. Forestry background, and wetlands consultant.
   9. Bill suggested Robert Wernerehl, who recently retired from MA NHESP, if appropriate.
2. Review of NHESAC policy regarding presentation requests or public comments during meetings:
   1. Jesse clarified after he followed up with the MDFG legal team, as to what the open meeting law requires. “While the public is permitted to attend an open meeting, an individual may not address the public body without permission of the chair.”
   2. If there is a request to speak, the request will be shared with the committee. The Chair and Jesse will discuss the request, and the Chair will make the decision as to whether that will be permitted or whether further consultation with the NHESAC is warranted. The requests to speak need to be directly related to rare species conservation under the purview of the NHESAC.
   3. Michelle Hatfield (Community Land and Water Coalition) requested to present and was told by Mark that the NHESAC was not the appropriate avenue. The topic is related to a regulatory review project, and wasn’t, therefore, appropriate for the NHESAC. Jesse subsequently emailed Michelle to confirm that he would be happy to direct any specific questions / concerns to our regulatory review staff. 
3. Policy regarding change of use of commercial cranberry bogs to non-agricultural use (ex. sand mining) relative to MESA regulations
   1. Mark read an article on the value of sand, and that sand mining is increasing for construction, coastal erosion control, etc. Cranberry bog owners are transitioning to sand mining. Change of use that is non-agricultural, means that the bogs are no longer exempt from MESA. This gets murky when part of the land is still in cranberry production, holding ponds, etc.
   2. Russ: observed that the exemption is lost on agricultural land after 3-5 years of fallow land.
   3. Bill: asked if it would also change the tax status of the ownership? 
      1. The value of the sand may still outweigh the expense of increased taxes.
   4. Kevin: Historically – many values from the land in SE MA include cutting and selling pines as lumber, strip 20’ of sand and sell that for concrete. Then make a cranberry bog, which was not profitable, but provides a tax benefit. Now there is a continuation of that. Sand mining destroys the habitat. Cranberry bog creation destroys hydrology. In contrast, there is some remarkable work on cranberry bog restoration. 
      1. Stellwagen Bank was eyed as an opportunity to mine sand before it was designated as a Marine Sanctuary.
   5. Jesse: MESA perspective. Exemption for existing agricultural activities within mapped Priority Habitat; limited excavation and use of sand for existing agricultural activities on the property typically qualifies for the exemption. Under MESA, if a bog is left fallow for longer than five years, it will lose agricultural exempt status. Owners would have to refile if they wanted to use for agriculture again. BUT, if they propose to use sand for something different (beyond on-site cranberry agriculture), such as commercial sale for offsite use, the MESA exemption no longer applies, and MESA review is required.
   6. If someone wants to put in a new bog outside of existing bog areas, it needs to be reviewed by MESA. If taking sand off site as part of new bog construction, that likely needs to be reviewed by other permitting entities (e.g. town bylaws, etc.) but under MESA, the project footprint (regardless of whether sand is extracted or not) is reviewed to evaluate impacts to the species and its habitats.
   7. Kevin: Plymouth Co. – mining of sand, leads to creation of a bog. Does MESA have any carbon sequestration consideration? Jesse: No – MESA does not have a carbon criterion. MESA only allows NHESP to evaluate whether the project will result in a take of listed species. Maybe MEPA review has carbon criteria. Andy: Energy siting and permitting, and SMART incentives, has carbon guardrails.
   8. Mark: Box turtle could also be impacted. Article made it sound like there is a lot going on, but it may be slipping under the radar. It seems odd that these have not come to the attention of MESA.
   9. Wayne: from Wildlands Trust perspective, the issue of MESA and box turtles informs what people can and cannot do on properties. Sand mining falls under that. Other turtle species too. 
      1. Should the committee have a presentation on this activity, and how it affects MESA going forward. Or a summary document. Impact on box turtles, etc.
   10. Jesse: From a MESA perspective, it’s about the project footprint and loss of habitat for listed species, limited to projects within mapped Priority Habitat. Barrens moth/lepidopteran species and box turtles are the most common species that we see for these project types. The projects typically come in for another purpose – for example, constructing a new bog, installing a solar array, etc. - and sand extraction may or may not be proposed as part of the project. For projects that result in a Take, this then leads to avoidance, minimization, and mitigation requirements using MESA mitigation ratios.
   11. Dave: larger perspective is that cranberry farming is increasingly less viable, and there is a lot of bog restoration. He saw a good presentation from the Buzzards Bay Coalition.
       1. Restoration projects would also be a good topic for the committee, e.g., Jason Zimmer, DFW SE District Manager.
4. April 21 field trip regarding barrens restoration in MA. Three stops through the day. Starting at 9:00 or 9:30 at Muddy Brook.
   1. Muddy Brook barrens – meeting is mostly outside, and likely in rain or shine.
   2. 15+ staff from NY DEC are attending.

Board Member Kyla Hastie's comments

Busy month for the Board:

1. MassWildlife did great work developing recommendations for modernizing hunting laws. See fact sheet and website for more information: MassWildlife Recommendations-Hunting Laws-March 2026.
   1. Over 11,000 public comments, the most ever.
      1. 70% supported removal of Sunday hunting ban
      2. 71% supported removal of ban on crossbows
   2. Proposed to the Board:
      1. Remove the statutory ban on Sunday hunting 
      2. Remove ban on Crossbows
      3. Reduce setbacks for archery (500 to 250 feet) and falconry (500 to 0 feet)
   3. This allows Sunday hunting to be regulated by the agency, just as they regulate other aspects of hunting. Science-based limits; WMA locations; other ownerships, in compliance with the new regulations, etc. Landowners would still be able to determine whether their land is open to hunting.
   4. This is all based on the best science, social science, and public comments.
   5. Approved by Board on March 18^th
   6. Governor: March 19^th event in Falmouth, announced that she would file legislation (hasn’t happened yet)
      1. Comm. O’Shea and Public Health Commissioner: Robbie Goldstein
   7. Forest health and biodiversity
   8. Flexibility for hunters, outdoor recreation, food, etc.
2. Search for new DFW Director. Kyla is on search committee with DFW Board Chair Emma Ellsworth and Ernie Foster.
   1. Posted 2.5 weeks ago.
   2. Meeting again later in April to review resumes and develop interview process.
   3. Interviews in May
   4. Hopefully new Director will be on board in June or July
3. DFW Board meeting next week.
4. Hearings around waterfowl regulations (see newsletter)

NHESP & Assistant Director Jesse Leddick's Report

1. Personnel and Operations – state hiring freeze is still in effect. Vacancies will remain so, e.g., can’t backfill State Botanist or Regulatory Review Manager position.
   1. Can hire temporary contractors: 
      1. Botany technician to assist Karo Frost.
      2. Hiring two tern colony assistants to help manage terns on Bird, Ram, and Penikese Islands.
      3. Habitat management assistants.
   2. Funding for loon monitoring available and Drew Vitz is working toward hiring an assistant for that work. Initial grant from Biodiversity Research Institute (BRI).
      1. Potential presentation to committee from Drew on loon reintroduction project.
2. Heritage projects and activities
   1. SWAP was approved and accepted by USFWS – a big accomplishment by the agency, required every 10 years.
   2. Jon Regosin – former DFW Deputy Director, and Heritage Chief of Conservation Science, has been working with Mike Jones on terrapins. He recently restarted the Scott Melvin Memorial Fund, which supports internship opportunities and small research grants for coastal waterbirds.
   3. Biodiversity Grant program – Heritage received two grants for small projects.
      1. Develop and place multi-lingual signage for shorebird areas.
         1. TTOR/Russ has good examples to share
      2. Installation of bird-safe windows at DFW HQ – applying decals. After noticing bird strikes on large glass areas. – Drew Vitz managing
      3. NHESAC discussion that:
         1. This is a big issue, a sleeper.
         2. Newer technologies are available for new construction and retrofit.
         3. USFWS has a great website on the topic
         4. Book: Solid Air by Daniel Klem Jr., Hancock House
         5. This project at DFW HQ could be leveraged into broader outreach.
         6. A similar biodiversity grant went to UMass, Amherst – also to retrofit existing construction.

Member’s Comments:

• Kevin Powers: Calving for right whales. Total was 23 this year, and 7 have been seen in Cape Cod Bay. Highest number in 10 years. Category of “sustaining population”. Would need double that to increase the population.
• Wayne Petersen: South Shore bird club trip, Burrage Pond: 10 bald eagles in sight at once, plus one other. Most that Wayne has seen in one spot. Was there a fish kill in the area? Eagles, and peregrines, in general, are doing well. And sand hill cranes nesting at Burrage Pond too. 
• Bill Brumback: None
• Dave Small: None

Associate Member’s Comments:

• Andy Finton: None
• Russ Hopping: Snow resulted in some deer mortality, including a black vulture on a deer carcass.

Set next meeting date and time

The Committee members confirmed the next meeting date as Thursday, July 9, 2026, at 1:30 p.m. 

Adjourn

Emily Myron was going to have her staff provide a presentation on barrens restoration at today’s meeting, but they were not ready. Is there interest in a focused presentation in May or June? Jesse will follow up with the potential for an interim meeting. This should include discussion of the concerns and criticisms of these practices, and the scope and scale.

The meeting adjourned at 3:24 p.m.

Drafted and submitted by Andy Finton.