Biological Diversity Policy

Massachusetts does not have a formal biodiversity policy established by law. However, a Division of Fisheries and Wildlife policy requires the protection of the natural diversity of plant and animal species and the preservation of ecosystem diversity.

Status of Biodiversity Science

Massachusetts does not have a coordinated assessment system in place. Instead, the state utilizes a Natural Heritage database and GAP. Records from the National Heritage database are not public records, and can only be obtained by agents of the commonwealth and the federal government. (Mass. Gen. Laws Ann. ch. 17) The state's GAP is conducted jointly with Connecticut and Rhode Island.

Endangered Species

Massachusetts has an endangered species act that covers all species of plants and animals. (Mass. Gen. Laws Ann. ch. 131A, 1-6) Listing is based on scientific criteria only. Significant habitat is required to be designated, although recovery plans are not required. State projects must be managed to avoid or minimize damage to state-listed species. Violations of the act consist of fines of $500 to $20,000 and/or imprisonment of up to 180 days. In addition, the offender may be required to restore damaged habitat to its original condition. The state legislature has officially declared the second Saturday in September as "Endangered Species Day."

State Agency Management for Biodiversity

State-owned Lands

Some state land management agencies have a mandate to conserve and protect natural resources For example, the Division of Fisheries and Wildlife has a policy statement regarding state land management objectives, which includes conserving and protecting natural resources. In addition, state-owned lands can be designated as a nature preserve so as to maintain the land as nearly as possible in its natural condition. (Mass. Gen. L. ch.131-10A-D)

Cooperative Efforts

Some cooperative efforts to improve land management across ownership boundaries exist. For example, the Division of Fisheries and Wildlife works with the Department of Environmental Protection to protect wetlands. Massachusetts is also a member of the Connecticut River Atlantic Salmon Compact with surrounding states and several federal agencies to protect Atlantic salmon.

State Agency Training

The University of Massachusetts Extension program has an educational program that attempts to work with landowners, land managers, and natural resource professionals to promote land management for biodiversity conservation.

Impact Assessment

Massachusetts has a "little NEPA," requiring assessment of agency actions on biological resources. (Mass. Gen. Laws Ann. Ch. 30, 61 to 62H) The Massachusetts Environmental Policy Act requires all state agencies to provide a written assessment of the effects of any major activity on the environment. In addition, the Wetlands Protection Act prohibits significant alteration of wetlands without filing a written notice of the activity. (Mass. Gen. Laws Ann. ch. 131, 40) In addition, any state-listed, wetland-dependent animal species are protected by a performance standard of no short or long-term adverse impact to their habitat. Conditions can then be imposed on the project by the Department of Environmental Management.

Habitat Acquisition

Massachusetts has several land acquisition programs designed to acquire lands important because of their wildlife values. A Wildlands Acquisition Account is used to purchase land for wildlife habitat. (Mass. Gen. Laws Ann. ch. 131, 2A) Monies come from the sale of wildlife stamps, hunting and fishing licenses and other sources. The fund receives approximately $1.5 million per year. The Natural Heritage and Endangered Species Fund is used in part to acquire land critical to nongame wildlife and endangered species. (Mass. Gen. Laws. Ann. ch.10, 35D) In 1987, an Open Space Bond allocated $7 million for such acquisitions. Finally, the director of the Division of Fisheries and Wildlife is authorized by statute to acquire land for use as a wildlife sanctuary. (Mass. Gen. Laws Ann. ch.131, 7)

Private Land Conservation

Massachusetts has private land conservation programs to protect land for wildlife purposes. For example, land retained in a natural, wild or open condition is entitled to a tax credit as recreational land. (Mass. Gen. Laws Ann. ch. 61B, 1-17) An Agriculture Restriction Program purchases development rights to keep agricultural land open. A Forest Stewardship Program provides technical assistance to landowners on forest management issues.

Exotic Species

Massachusetts has some provisions designed to control the introduction of exotic species. The importation of several classes of animals, including birds, mammals and other vertebrates is prohibited without a permit. (Mass. Gen. Laws Ann. ch.131, 19A) The release of fish or fish eggs is prohibited without a license or written approval from the Division of Fisheries and Wildlife. (Mass. Gen. Laws Ann. ch.131, 19) Animals brought into the state without a permit can be confiscated, forfeited and disposed of. (Mass. Gen. Laws Ann. ch.131, 19A) For plants, noxious weeds and noxious weed seeds are regulated. (Mass. Gen. Laws Ann. ch.128, 84) Labelling and inspection requirements are imposed.

Predator or Animal Damage Control Activities

Massachusetts has an animal damage control program that is operated cooperatively with the federal government. The federal agency controls migratory birds, while the state agencies control mammals. In addition, state statutes allow wild birds and mammals damaging property to be taken except by poison or snare. (Mass. Gen. Laws Ann. ch. 131, 37) By regulation and statute, padded jaw traps are prohibited unless they are designed to kill the furbearer instantly or to take animals alive and unhurt. (Mass. Gen. Laws Ann. ch. 131, 80A)

Additional Legal Protections for Biodiversity

The state constitution declares that conservation of forest and other natural resources is a public purpose. (Ma. Const. Amend. art. 49)

Related Issues

The University of Massachusetts Extension program has an educational program in biodiversity protection The program attempts to educate a variety of audiences about the value of biodiversity and works with landowners, land managers, and natural resource professionals to promote land management for biodiversity conservation. In addition, the state uses Project WILD and is expected to publish a wildlife guide in 1996.

Massachusetts does not currently have a takings law. However, a bill is pending in committee that would require the state to institute guidelines for assessing the impact of regulations on private property rights. (H.B.451)

Contacts:

Cooperative Extension System, University of
Massachusetts
Department of Forestry and Wildlife Management
Holdsworth Natural Resources Center
Amherst, MA 01003
413-545-4800

Executive Office of Environmental Affairs
Leverett Saltonstall Bldg.
100 Cambridge St., Rm. 2000
Boston, MA 02202
617-727-9800