SENATE DOCKET, NO. 1229 FILED ON: 1/16/2015
SENATE . . . . . . . . . . . . . . No. 468
|
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bruce E. Tarr
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to reinforcing the Massachusetts Endangered Species Act.
_______________
PETITION OF:
Name: | District/Address: |
Bruce E. Tarr | First Essex and Middlesex |
Donald F. Humason, Jr. | Second Hampden and Hampshire |
SENATE DOCKET, NO. 1229 FILED ON: 1/16/2015
SENATE . . . . . . . . . . . . . . No. 468
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 468) of Bruce E. Tarr and Donald F. Humason, Jr. for legislation to reinforce the Massachusetts Endangered Species Act. Environment, Natural Resources and Agriculture. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 411 OF 2013-2014.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Eighty-Ninth General Court
(2015-2016)
_______________
An Act relative to reinforcing the Massachusetts Endangered Species Act.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 131A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after the word “thirty-one.” in line 13, the following words:-
“Division”, the division of fisheries and wildlife within the department of fisheries, wildlife, and environmental law enforcement.
SECTION 2. Chapter 131A of the General Laws, as so appearing, is hereby amended by inserting, after section 7, the following new sections:-
(8) The division shall not promulgate any regulation pursuant to this chapter which may result in the taking or restriction of land, including restrictions resulting from the issuance of a permit, unless such regulation is in accordance with the processes set out in sections 4 and 5 of this chapter and such land is deemed a significant habitat as defined in section 1 of this chapter.
(9) The division shall rescind or revise any and all regulations, including, but not limited to 321 CMR 10.11-10.26 et seq., which may involve the taking or restriction of land, including restrictions resulting from the issuance of a permit, unless such regulation is in accordance with the processes set out in sections 4 and 5 of this chapter and such land is deemed a significant habitat as defined in section 1 of this chapter.
SECTION 3. The division shall have 180 days from the passage of this act to rescind or revise regulations pursuant to section 9 of chapter 131A. If after 180 days such regulations are not rescinded, 321 CMR 10.11-10.26 et seq., shall be considered rescinded.