Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 18.00 - Aquatic Nuisance Control Program
Section 18.01 - General Provisions
Universal Citation: 302 MA Code of Regs 302.18
Current through Register 1531, September 27, 2024
(1) Purpose. 302 CMR 18.00 is intended to protect Massachusetts fresh water systems from Aquatic Nuisance Species by establishing an aquatic nuisance control program with enforceable standards, criteria and procedures that will enable the Department to suppress, eradicate, control and otherwise mitigate or reduce the risk of the spread of Aquatic Nuisance Species.
(2) Construction.
(a)302 CMR 18.00 shall be
liberally construed to permit the Department of Conservation and Recreation to
discharge its statutory functions.
(b) The Commissioner may, in the public
interest, or in an emergency, suspend the application of any section of
302 CMR 18.00. DCR will
notify the Department of Fish and Game, if feasible, before any such action is
taken; otherwise, DCR will notify the Department of Fish and Game as soon
thereafter as practicable. DCR will Post notice of any such
suspension.
(c) No provision of
302 CMR 18.00 shall make
unlawful any act necessarily performed by any officer or employee of the
Department of Conservation and Recreation performed in connection with the
implementation of
302 CMR 18.00 in the line of
duty or as part of his or her work duties, or by any person acting as an agent
of the Department or its employees. This shall be true for any person or his or
her agents engaged in performing the proper and necessary execution of the
terms and conditions of any agreement with the Department.
(d) Nothing in
302 CMR 18.00 shall be
construed to or have the effect of limiting the authority of the Division of
Fisheries and Wildlife to manage and regulate inland fisheries resources and
other wildlife pursuant to M.G.L. c. 131 or M.G.L. c. 131A.
(e)
Severability. If
any chapter, section, subsection, division or subdivision of
302 CMR 18.00 shall be
determined to be invalid, such determination shall apply to the particular
chapter, section, subsection, division or subdivision, and all other provisions
of
302 CMR 18.00 shall remain
valid and in effect.
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