As we announced in an earlier Roundup, following directly on the heels of the surprising loss of all general funding to the Natural Heritage & Endangered Species Program, there has been a late-file bill in the state legislature that would gut regulatory authority under the Massachusetts Endangered Species Act (M.G.L. c. 131A). The bill, House Bill 4167, was filed by Representative Cheryl Coakley-Rivera (D-Springfield) in the House and by Senator Stephen Buoniconti (D-Springfield) in the Senate. See above link for bill text and cosponsors. Combined with loss of funding, this is the most egregious attack on our Endangered Species Act Mass Audubon has ever seen.
There are more than 400 plant and animal species listed as Endangered, Threatened, or of Special Concern in the commonwealth. These animals and plants, including the Bald Eagle and the Showy Lady's-slipper, will suffer without the protections of the Endangered Species Act.
The Springfield legislators' bill limits the authority of the Heritage Program to review development projects slated to take place in "significant habitat" only. As it is, the commonwealth does not designate "significant habitat" as they believe it is an action bordering on a taking of property. Currently Heritage regulates "priority habitat" as a more comprehensive and flexible approach to endangered species protection. The Rivera-Buoniconti bill would strangle endangered species protection in Massachusetts. For more information, see the letter below.
Hearing Information:
House Bill 4167, An Act designating natural heritage functions of the Department of Fisheries, Wildlife and Environmental Law Enforcement
Before the Joint Committee on Environment, Agriculture and Natural Resources
Wednesday, October 7, 2009
11:00 a.m.
State House, Hearing Room B-2
Please come and have your voice heard - it is important that the Joint Committee on Environment hear from you!
Plan to arrive at the State House a few minutes early to go through security. When you reach the hearing room, look for the sign-up sheet at the front of the room. You will have 3 minutes to testify.
Written testimony is important as well. Click here for instructions. Always include your address and send copies to your legislators.
Be sure to either call or email your state senator and representative and let them know that you oppose House Bill 4167. Ask them to contact the Environment Committee Chairs, Senate Chair Anthony Petruccelli and House Chair William Straus, and ask that the bill be given an unfavorable report.
Find out who represents you in the House and Senate.
Sign Your Organization On In Support:
Please consider adding your organization's name to the below letter by contacting Mass Audubon's Legislative Director, Jennifer Ryan at jryan@massaudubon.org. If you have already, thank you! If you are an individual, please take this letter and forward it to your state senator and representative with a note of your support. Thank you!
The Honorable Anthony W. Petruccelli
Senate Chair, Joint Committee on Environment, Natural Resources and Agriculture
State House, Room 413-B
Boston, MA 02133
The Honorable William M. Straus
House Chair, Joint Committee on Environment, Natural Resources and Agriculture
State House, Room 473-F
Boston, MA 02133
Re: House Bill 4167, An Act designating natural heritage functions of the Department of Fisheries, Wildlife and Environmental Law Enforcement
Dear Chairman Petruccelli and Chairman Straus;
The undersigned organizations are deeply concerned that the legislation before you, House Bill 4167, would effectively gut the ability of the Department of Fish and Game to protect rare plants and animals. We strongly oppose this effort. The legislation would limit the Department's regulatory authority to only Significant Habitat, which to date has not been designated in Massachusetts, and which by definition would not, on its own, protect rare species from take. The prohibition on take in the current statute is fundamental to the protection of rare species, and if the Department is deprived of any means of regulating take then rare species will have no meaningful protection under the law.
The Massachusetts Endangered Species Act (MESA) statute (M.G.L. Ch. 131A) requires that rare plants and animals listed as Endangered, Threatened or of Special Concern be protected from "take", defined "in reference to animals, means to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct, and in reference to plants, means to collect, pick, kill, transplant, cut or process or attempt to engage or to assist in any such conduct." The statute also states that the Department has the authority to draft regulations to implement the statute, as is typical. The regulations apply the statutory definition of take, stating "Disruption of nesting, breeding, feeding or migratory activity may result from, but is not limited to, the modification, degradation or destruction of Habitat." (321 CMR 10.02). In addition to the prohibition on take, the statute allows, but does not require, the state to designate "Significant Habitat" for Endangered and Threatened Species, but not Species of Special Concern,
To protect rare species, regulate take, and to let landowners know when they are at risk of violating the statute and taking a rare species, the Department has delineated Priority Habitat (321 CMR 10.11-10.25) for Endangered, Threatened, and Species of Special Concern. This was done through the normal process of promulgating regulations, including public hearing and consideration of comments. The mapping of regulated areas is common to many forms of environmental law, such as the Wetlands Protection Act, as a means to notify landowners that a statute may apply to them and that they need to review their plans with the applicable agency. If during this review it is determined that the proposed activity will not result in a take, the landowner may proceed. The bill before you would remove the Department's authority to regulate for a rare species outside of Significant Habitat, thus gutting their authority to regulate take - leaving rare species unprotected and landowners without a mechanism to know if they are at risk of taking a rare species. Landowners would be deprived of an orderly, timely process to know whether or not they may cause a take, and thereby will be at risk of prosecution for destruction of rare species that could be avoided through the regulatory process.
The Massachusetts Endangered Species Act is one of the most important and effective environmental laws in the commonwealth, and the Natural Heritage & Endangered Species Program within the Department of Fish and Game, which implements MESA, is one of the most effective rare species programs nationally. Land protection programs, conservation commissions, coastal waterbird protections, and wetlands restoration programs are all guided by the information and regulatory decisions provided through MESA. To undo their authority to protect rare species from take would be devastating.
Thank you for the opportunity to provide this perspective and information. Again, our organizations are strongly opposed to the proposed bill and urge the Joint Committee to issue a negative report of the bill.
Sincerely,
Kyla Bennett
Director
New England PEER
William E. Brumback
Conservation Director
New England Wild Flower Society
Matthew R. Burne
Conservation Director
The Walden Woods Project
Matthew R. Burne
Vernal Pool Association, Inc.
George Comiskey
Vice President
Parker River Clean Water Association
Andrea Donlon
River Steward
Connecticut River Watershed Council, Inc.
Judith Eiseman
Director of Special Projects
The Kestrel Trust
Maggie Geist
Executive Director
Association to Preserve Cape Cod
Mike Gildesgame
Southern New England Policy Manager
Appalachian Mountain Club
Karen Grey
Executive Director
The Wildlands Trust
Nancy Goodman
Vice President for Policy
Environmental League of Massachusetts
Ken Kipen
Director
Hilltown Anti-Herbicide Coalition
Heidi Kost-Gross
Legislation Chair
Garden Club Federation of Massachusetts
Carolyn LaMarre
Executive Director
Taunton River Watershed Alliance, Inc.
Joan LeBlanc
Executive Director
Saugus River Watershed Council
Steve Long
Director of Government Relations
The Nature Conservancy, Massachusetts Chapter
Ron McAdow
Executive Director
Sudbury Valley Trustees
Linda Mack
Executive Director
Massachusetts Association of Conservation Commissions
James McCaffrey
Director
Massachusetts Chapter, Sierra Club
Bernie McHugh
Coordinator
Mass Land Trust Coalition
Steve Pearlman
Neponset River Watershed Association
Pamela Resor
Former State Senator
Jennifer Ryan
Legislative Director
Mass Audubon
Narain Schroeder
Director of Land Conservation
Berkshire Natural Resources Council Inc.
Margaret E. Sheehan
Attorney at Law
EcoLaw Massachusetts
Christine Tabak
Executive Director
Merrimack River Watershed Council, Inc.
Wesley Ward
Vice President for Land Conservation
The Trustees of Reservations
Jane Winn
Executive Director
Berkshire Environmental Action Team (BEAT)
James L. Wallace
Executive Director
Gun Owners' Action League
Lora Wondolowski
Executive Director
Mass League of Environmental Voters
Robert L. Zimmerman, Jr.
Executive Director
Charles River Watershed Association
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