Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 10.00 - Massachusetts Endangered Species Act
Part I - General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies
Section 10.03 - Listing of Species

Universal Citation: 321 CMR 10.00 MA Code of Regs 10.03

Current through Register 1531, September 27, 2024

(1) Introduction. The list of Endangered, Threatened, and Special Concern species in effect prior to the effective date of 321 CMR 10.00, as amended by the Fisheries and Wildlife Board on December 30, 1991, is established within 321 CMR 10.90 as the first edition of the list. 321 CMR 10.03 establishes the procedures for amending and updating all subsequent editions of the list.

(2) Species Investigations. The NHESP shall conduct investigations, including but not limited to field surveys and reviews of museum collections, herbaria and published reports, in order to determine whether any species of plant or animal should be considered for listing.

(3) Eligible Species. Any species native to Massachusetts is eligible for listing.

(4) Federally Listed Species. Any species which regularly occurs within Massachusetts and which is listed as endangered or threatened under the provisions of the Federal Endangered Species Act shall be listed in an equivalent category on the state list found at 321 CMR 10.90; provided, however, that the listing of any species on the federal list as a Threatened species shall not limit the discretion of the Director to list said species as Endangered.

(5) Criteria for Listing Species. The criteria for determining Endangered, Threatened, or Special Concern status shall be based on biological data, including, but not limited to:

(a) taxonomic status;

(b) reproductive and population status and trends;

(c) whether the species is native or has been introduced;

(d) vulnerability, as determined by threats to the species or its habitat;

(e) specialization, as determined by unique habitat requirements;

(f) restricted distribution, as determined by limited or disjunct geographic range; and

(g) rarity, as determined by a limited number of occurrences or by occurrence in limited numbers.

(6) List Categories.

(a) Endangered. The Director shall list as Endangered any species of plant or animal in danger of extinction throughout all or a significant portion of its range and species of plants or animals in danger of extirpation as documented by biological research and inventory.

(b) Threatened. The Director shall list as Threatened any species of plant or animal likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and any species declining or rare as determined by biological research and inventory and likely to become endangered in the foreseeable future.

(c) Species of Special Concern. The Director shall list as a species of Special Concern any species of plant or animal which has been documented by biological research and inventory to have suffered a decline that could threaten the species if allowed to continue unchecked or that occurs in such small numbers or with such a restricted distribution or specialized habitat requirements that it could easily become threatened within Massachusetts.

(7) Proposals for Listing or Delisting Species. Any person may propose the addition or deletion of species to or from the list, or for changes in classification of listed species. The burden of proof for delisting species shall be on the person requesting such change in status. Proposals must be submitted in writing to the Director and must contain the following information:

(a) the date submitted; the proponent's name, signature, address, and telephone number; and the association, institution, or business, if any, represented by the proponent.

(b) the common and scientific name of the species;

(c) the listing category being proposed;

(d) a detailed justification of the proposed listing or delisting action, including the past and present population status and distribution in Massachusetts, and any known or suspected threats;

(e) information on the known status of the species throughout its range;

(f) supporting documentation (for example, literature citations, copies of written reports, letters from scientific authorities, maps, or species records, if appropriate); and

(g) other information requested by the Director.

(8) Review of Proposals. Within 21 days of receipt of a proposal and after consultation with the Natural Heritage and Endangered Species Program, the Director shall determine whether sufficient evidence has been submitted to warrant a review of the species' status. Upon a determination that sufficient evidence has been submitted, the Director shall refer the proposal to the Natural Heritage and Endangered Species Advisory Committee for its review. The committee, in conducting its review, may seek the advice of additional persons and shall advise the Director concerning appropriate action. The Director may then recommend any changes to the Fisheries and Wildlife Board. Upon a determination that insufficient evidence has been submitted to warrant further review, the Director shall so notify the person proposing the changes in the list and send a copy to the Natural Heritage and Endangered Species Advisory Committee.

(9) Public Hearing. The establishment of the Massachusetts list of Endangered, Threatened, and Special Concern species, and any proposed changes thereto, shall be by regulation after a public hearing subject to the provisions of M.G.L. c. 30A. Not less than 21 days prior to the public hearing, the Director shall make available a summary of the biological data upon which the listing proposal is based. The Director shall submit to the Secretary of EOEA in time for publication in the Environmental Monitor at least 21 days prior to the public hearing a notice of such hearing and the availability of such summary of biological data.

(10) List Review Frequency. The Director shall review the list of Endangered, Threatened, and Special Concern species, in consultation with the Natural Heritage and Endangered Species Advisory Committee, at least once every five years for the purpose of listing or delisting species.

(11) The List. The official Massachusetts list of Endangered, Threatened, and Special Concern species is found at 321 CMR 10.90.

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