Endangered Species - Listing Authority and Process - Massachusetts

The director shall conduct investigations and consult with the natural heritage and endangered species advisory committee established pursuant to section five B of chapter one hundred and thirty-one in order to determine whether any species of plant or animal constitutes an endangered or threatened species or species of special concern.

Criteria for determining endangered, threatened or special concern status shall be based on biological data including, but not limited to, reproductive and population status and trends, whether the species is native or has been introduced, vulnerability, as determined by threats to the species or its habitat, specialization, as determined by unique habitat requirements; restricted distribution, as determined by limited or disjunct geographic range and rarity, as determined by a limited number of occurrences or by occurrence in limited numbers.

The director shall list endangered, threatened and special concern species and shall review said list at least once every five years for the purpose of listing or delisting species. The burden of proof for delisting species shall be on the person requesting such change in status. The establishment of said list and any proposed changes thereto shall be by regulation after a public hearing and shall be subject to the provisions of chapter thirty A...

The division of fisheries and wildlife shall, after a public hearing and in accordance with the procedures set forth in chapter thirty A, adopt any regulations necessary to implement the provisions of this chapter. Said regulations shall be promulgated with the advice and assistance of a technical advisory committee to consist of nine persons to be appointed by the director; two of whom shall be university or college professors from two separate educational institutions with expertise in endangered species biology, one of whom shall be a member of a Massachusetts environmental organization; one of whom shall be a member of a nongame advisory committee established pursuant to section five B of chapter one hundred and thirty-one; one of whom shall be a member of the sporting community, one of whom shall be a representative of the utilities industry; one of whom shall be a representative of the real estate development industry, one of whom shall be a member of the staff of the department of highways and one of whom shall be a representative of agricultural interests.

The division of fisheries and wildlife shall, at least sixty days prior to filing such regulations under the provisions of section five of chapter thirty A, file such regulations with the clerk of the house of representatives who shall forward such regulations to the joint committee on natural resources and agriculture for its review at least sixty days prior to the effective date of said regulations. Said regulations shall include, but not be limited to: criteria to be applied by the director in determining which activities will reduce the viability of significant habitat to support endangered or threatened species; criteria to further define alteration of a significant habitat; and other regulations designed to carry out the purposes of this chapter. This provision shall not affect existing regulations listing endangered, threatened or special concern species in effect on the effective date of this chapter...

Citation: M.G.L.A. 131A § 4.

The director shall administer the natural heritage and endangered species program in accordance with clauses (3) and (13A) of section four, and shall promulgate rules and regulations, subject to the procedures established in chapter thirty A, for said program, including criteria for the purchase of lands critical to nongame wildlife and endangered species, and for the use of said land for the protection and enhancement of nongame wildlife and for the encouragement of compatible wildlife uses. The commissioner shall appoint, subject to the approval of the fisheries and wildlife board, a natural heritage and endangered species advisory committee of seven members to advise the director on matters pertaining to nongame wildlife and wild plants. One of the members shall be a board member interested in endangered species appointed pursuant to section seven of chapter twenty-one. Of the remaining six members, three shall have technical training and experience and be drawn in the commissioner's discretion from the fields of ornithology, mammalogy, herpetology, icthyology, and botany, and three shall be persons knowledgeable in the field of natural history. The committee shall select a chairperson annually by majority vote of the members of said committee at a meeting scheduled for such purpose. The members shall serve terms of three years, except for the initial term, three members shall be appointed to serve for one year, two for two years, and two for three years. The committee shall meet at least quarterly and shall also meet at the request of the director or committee chairperson. Committee members shall not receive compensation for their services but shall receive reimbursement from the Natural Heritage and Endangered Species Fund for reasonable expenses necessary to the performance of their duties.

Citation: M.G.L.A. 131 § 5B.