Amendment #143 to H3400

Division of Fisheries and Wildlife Regulations

[Sponsors] Ms. Coakley-Rivera of Springfield moves to amend the bill by inserting after section 107 the following section:

“SECTION 107A.  (a) Notwithstanding any general or special law to the contrary, the Massachusetts Division of Fisheries and Wildlife, shall not promulgate any regulation under the auspices of chapter 131A 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 processes set out in section 4 and 5 of chapter 131A and such land is deemed Significant Habitat as defined by section 1 of chapter 131A.

(b) The Massachusetts Division of Fisheries and Wildlife 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 processes set out in sections 4 and 5 of chapter 131A and such land is deemed Significant Habitat as defined by section 1 of chapter 131A.

(c) The Massachusetts Division of Fisheries and Wildlife shall have 180 days from the date of this law taking effect to rescind or revise regulations pursuant to subsection (b) of this section. If after 180 days such regulations are not rescinded, 321 CMR 10.11-10.26 et seq. shall be considered rescinded.”