Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 10.00 - Massachusetts Endangered Species Act
Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat
Section 10.26 - Conservation Planning for State-listed Species of Special Concern

(1) The Division may develop and issue a conservation plan for a State-listed Species of Special Concern whenever the Division determines that such a plan will be an effective means of ensuring the long term viability and protection of the species in the Commonwealth. A conservation plan for a State-listed Species of Special Concern shall, at a minimum, include:

(2) The Division will provide a 60 day public comment period on any proposed or modified conservation plan, and post the plan on the Division's website. The Division will also publish notice of the public comment period on the Division's website, in the Environmental Monitor, in a newspaper with state-wide circulation and in other newspapers with regional or local circulation, as deemed appropriate by the Division.

(3) Following the close of the public comment period, the Division will determine whether any modifications to the proposed conservation plan are appropriate. The Division will post the final conservation plan, together with a summary explanation of and any significant modifications to the proposed plan, on the Division's website.

(4) Once a final conservation plan has been issued by the Division in accordance with the procedures in 321 CMR 10.26(1) through (3), a Project or Activities proposed within a Priority Habitat for the State-listed Species of Special Concern subject to the conservation plan will continue to be subject to review by the Division pursuant to 321 CMR 10.18. In addition, any take of a State-listed Species of Special Concern subject to the conservation plan may be authorized by the Division through the issuance of a conservation and management permit pursuant to 321 CMR 10.23, except that any take of the species that will occur outside of a conservation protection zone established in the plan may be authorized by the Division through the issuance of a general conservation and management permit in accordance with the requirements of 321 CMR 10.23(6).

(5) The Division will periodically review the content, status and effect of a final conservation plan and may modify the plan based on its review, including making changes to the number, location and configuration of conservation protection zones. Any substantial modifications to a final conservation plan will be adopted by the Division in accordance with the public review and comment procedures in 321 CMR 10.26.