Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 18.00 - Aquatic Nuisance Control Program
Section 18.04 - Aquatic Nuisance Control Program

Universal Citation: 302 MA Code of Regs 302.18

Current through Register 1531, September 27, 2024

(1) Inspections.

(a) Authorized Personnel may inspect Vessels, Boat Transporters, Personal Watercraft, and other related equipment, including, but not limited to, outboard motors, for the presence of Aquatic Nuisance Species.

(b) No person may refuse an Inspection by Authorized Personnel on public property.

(2) Decontamination.

(a) Standard Techniques. Each person who owns or operates a Vessel, vehicle, Boat Transporter, Personal Watercraft, or other related equipment must:
1. Check/Clean. Immediately upon leaving any Inland Water, remove all plants and animals, except for legally harvested fish and game, from the Vessel, motor, boat trailer, anchors, or any other equipment and dispose of them on land, well away from the water, or in a trash can;

2. Drain. Dispose of livewell, cooling, bilge and ballast water away from the shore after each use in Inland Water. Purchased or collected bait need not be drained unless there has been an exchange of lake water; and

3. Dry. All equipment must be dried prior to its use on another Inland Water body.

(b) Public Access Facilities. Where a decontamination facility is administered or approved by DCR, in coordination with OFBA, and offered at a public access facility, Vessels, vehicles, Boat Transporters, Personal Watercraft, and other related equipment that utilize such facility ramp shall be decontaminated at the decontamination facility as a condition of their use of the public access facility. Where there is no decontamination facility available or in operation at a public access facility, users of public access facilities shall comply with all other applicable decontamination, certification and Inspection requirements in 302 CMR 18.04(1) and (2).

(c) Clean Boat Certification Program. A determination that an Inland Water body is at high or moderate risk for ANS, including, without limitation, zebra mussels, will be made when the Inland Water body is found to have physical conditions, such as water chemistry, that would allow the establishment of zebra mussels or any other ANS. When the Department makes such a determination, the self reporting program known as the "Clean Boat Certification Program" applies. Additionally, the DCR website (www.mass.gov/eea/agencies/dcr) will include a list of Inland Water bodies where compliance with the Clean Boat Certification Program is required.
1. In addition to, or in lieu of, Inspections and decontamination procedures required for all Vessels, vehicles, Boat Transporters, Personal Watercraft, or other related equipment, users of a water body determined to be at high or moderate risk for specific ANS, or users of a public access facility, shall comply with the Clean Boat Certification Program established for that water body or facility.

2. At each such Inland Water body or facility, the presence of the Clean Boat Certification Program will be posted at or near boat ramps and other authorized entry points to the Inland Water body or facility, and the certification forms required to be completed by users will be provided.

3. On each visit to a water body, users of designated Inland Water bodies or public access facilities must certify in writing that their Vessels, vehicles, Boat Transporters, Personal Watercraft, or other related equipment have been properly decontaminated. Certification forms should be placed inside the user's vehicle so it can be seen from outside while at the facility.

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