Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 11.00 - Nature Preserves
Section 11.02 - Definitions

Universal Citation: 321 MA Code of Regs 321.11
Current through Register 1531, September 27, 2024

For the purposes of 321 CMR 11.00 the following words and phrases shall have the following meanings:

Alcoholic Beverage means that definition provided in M.G.L. c. 138.

Articles of Dedication means the documents that create the nature preserve which are filed with the Secretary of the EOEEA, that include the nomination form with the justification of qualification of the parcel, attachments to the nomination, and the protection plan for the nature preserve.

Biodiversity means the full range of variety and variability within and among living organisms and the ecological complexes in which they occur, and encompasses ecosystem or community diversity, species diversity, and genetic diversity.

Camping means the utilization of any piece of equipment for sleeping, including but not limited to, a sleeping bag, blanket, hammock, tent, tarp, motor or recreational vehicle, trailer, watercraft, or structure, for the purpose of occupying a piece of land or water for transient and temporary outdoor living.

Controlled Substance means that definition provided in M.G.L. c. 94C, § 1.

Council means the Nature Preserve Council constituted under M.G.L. c. 131, § 10B, and including agency Associate Members as provided for in 321 CMR 11.03.

DCR means the Department of Conservation and Recreation.

DFW or Division means the Division of Fisheries and Wildlife within the Department of Fish and Game.

Environmental Monitor means the twice monthly publication of EOEEA that provides notice of all submissions received by EOEEA under M.G.L. c. 30, §§ 62 through 62H. It contains descriptions of proposals and notices of matters before the Secretary.

EOEEA means the Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts.

Managing Agency means the agency with management responsibility for the area dedicated or under consideration for dedication as a nature preserve.

Native, in reference to species, means a species which either occurs, or has occurred, within Massachusetts; provided that the original occurrence of such species is not the result of a deliberate or accidental introduction by humans into Massachusetts nor an introduction elsewhere which spread into Massachusetts.

Natural Community means a recurrent group of native plants and animals that share particular environmental requirements and which naturally occur together and which are recognized as such a community by the Natural Heritage and Endangered Species Program.

Natural Condition of an area means that the vegetation has the composition and structure similar to that likely to have been found in the vicinity of the site before European settlement. Successional plant communities are included if they are biologically appropriate to the site, even if they must be managed to remain in the preferred successional stage. Land forms in such areas should be relatively unaltered by impacts of post European settlement activities.

Natural Heritage and Endangered Species Program means the program within the Division of Fisheries and Wildlife responsible for the inventory, research, and protection of rare plant and animal species and natural communities, and the maintenance of computerized and manual records of rare species and natural community locality information.

Nature Preserve means any area dedicated according to the provisions of M.G.L. c. 131, § 10A, and 321 CMR 11.00.

Nature Preserve System means the collection of lands, waters, shores, and interests therein dedicated as a nature preserve under M.G.L. c. 131, § 10A, and 321 CMR 11.00.

Nongame Advisory Committee means the committee established under M.G.L. c. 131, § 5B.

Permit means written permission from the managing agency for visitor use of a nature preserve in accordance with 321 CMR 11.00, the articles of dedication of the particular nature preserve, and the provisions of any applicable general or special law.

Prescribed Burning means the open burning of plant life under controlled conditions which limits the fire to a predetermined area and which accomplishes environmentally beneficial objectives including, but not limited to, habitat management and the prevention or control of wildfire.

Protection Plan means a plan prepared by the managing agency and agreed to by the Council to guide management activities on a nature preserve.

Quality in reference to a natural community means, but is not limited to, its vegetation structural characteristics, species composition, age, and degree of disturbance.

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