Amendment #165 to H4100

Endangered Species Act

Representatives Jones of North Reading, Peterson of Grafton, Hill of Ipswich, Poirier of North Attleborough, deMacedo of Plymouth, Adams of Andover, Barrows of Mansfield, Bastien of Gardner, Beaton of Shrewsbury, Boldyga of Southwick, D'Emilia of Bridgewater, Diehl of Whitman, Durant of Spencer, Fattman of Sutton, Ferguson of Holden, Frost of Auburn, Gifford of Wareham, Harrington of Groton, Howitt of Seekonk, Humason of Westfield, Hunt of Sandwich, Kuros of Uxbridge, Levy of Marlborough, Lombardo of Billerica, Lyons of Andover, O'Connell of Taunton, Orrall of Lakeville, Ross of Attleboro, Smola of Palmer, Vieira of Falmouth, Webster of Pembroke, Winslow of Norfolk and Wong of Saugus move to amend the bill by inserting, after SECTION XX, the following:—

“SECTION XX. Section 1 of chapter 131A of the General Laws, as appearing in the 2010 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 XX. Chapter 131A of the General Laws, as so appearing, is hereby amended by adding, after section 7, the following:—

‘Section 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 unless such land is deemed a significant habitat as defined by section 1 of this chapter.

Section 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 XX. 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 If after 180 days such regulations are not rescinded, 321 CMR 10.11-10.26 et seq., shall be considered rescinded.”.