Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 18.00 - Aquatic Nuisance Control Program
Section 18.05 - Orders, Quarantines, and Emergencies

(1) Orders. The Commissioner may issue such orders as he or she deems necessary to aid in the enforcement of 302 CMR 18.00. Such orders may include, but shall not be limited to, orders requiring persons to cease any activity which is in violation of 302 CMR 18.00, or to carry out activities necessary to bring such person into compliance. Orders shall apply to all users of an Inland Water body, including residents living on the shores of the Inland Water body. Orders may be specific to a particular Inland Water body or region, or specific to a particular Aquatic Nuisance Species. DCR will Post its Orders on the DCR website (www.mass.gov/eea/agencies/dcr) and, if a particular location is affected, at that location. Such Order may include, but is not limited to, boat ramps, swim beaches, and public access sites.

(2) Quarantines. Upon a finding that an ANS may interfere with the recreational use or ecological stability of a body of water or interfere with the natural resources thereof, the Commissioner, with notice to the Commissioner of the Department of Fish and Game, may issue a temporary or permanent quarantine on the use of such Inland Waters of the Commonwealth. Such a finding will be made after a risk assessment that evaluates factors including, but not limited to, whether an ANS infestation in an Inland Water body is new to the Commonwealth, the risk of spread of the ANS beyond the Inland Water body, the geographic location of the infestation, and anticipated ecological, recreational, and economic impacts of the infestation. Quarantines may include, but are not limited to, boat ramps, swim beaches, and public access sites. DCR will Post notice of its quarantine at the location of the water body and on the Department's website (www.mass.gov/eea/agencies/dcr). A quarantine shall apply to all uses and users of an Inland Water body, including residents living on the shores of the Inland Water body.

(3) Emergency Authority to Regulate Surface Use. When the Commissioner determines that an Aquatic Nuisance Species has infested an Inland Water body such that the infestation may be made worse or significantly spread by using Vessels on the Inland Water body, the Commissioner, with notice to the Commissioner of the Department of Fish and Game, may issue an emergency order to restrict, restrict access to, or ban any use of any Vessel, or any activity that causes or may cause the spread of Aquatic Nuisance Species, on all or part of such Inland Water body. Such order may include, but is not limited to, boat ramps, swim beaches, and public access sites. The order must be for a specific period of time. The order may require that any Vessel on the water body be removed at specified locations. The order may further require that those boats, trailers, and equipment be inspected and cleaned by designated boat inspectors upon being taken out of the water at specified locations. DCR will Post notice of its emergency order at the location of the water body and on the Department's website (www.mass.gov/eea/agencies/dcr).