Current through Register 1536, December 6, 2024
Section 18.01 - General Provisions(1)Purpose. 302 CMR 18.00 is intended to protect Massachusetts fresh water systems from Aquatic Nuisance Species by establishing an aquatic nuisance control program with enforceable standards, criteria and procedures that will enable the Department to suppress, eradicate, control and otherwise mitigate or reduce the risk of the spread of Aquatic Nuisance Species.(2)Construction. (a)302 CMR 18.00 shall be liberally construed to permit the Department of Conservation and Recreation to discharge its statutory functions.(b) The Commissioner may, in the public interest, or in an emergency, suspend the application of any section of 302 CMR 18.00. DCR will notify the Department of Fish and Game, if feasible, before any such action is taken; otherwise, DCR will notify the Department of Fish and Game as soon thereafter as practicable. DCR will Post notice of any such suspension.(c) No provision of 302 CMR 18.00 shall make unlawful any act necessarily performed by any officer or employee of the Department of Conservation and Recreation performed in connection with the implementation of 302 CMR 18.00 in the line of duty or as part of his or her work duties, or by any person acting as an agent of the Department or its employees. This shall be true for any person or his or her agents engaged in performing the proper and necessary execution of the terms and conditions of any agreement with the Department.(d) Nothing in 302 CMR 18.00 shall be construed to or have the effect of limiting the authority of the Division of Fisheries and Wildlife to manage and regulate inland fisheries resources and other wildlife pursuant to M.G.L. c. 131 or M.G.L. c. 131A.(e)Severability. If any chapter, section, subsection, division or subdivision of 302 CMR 18.00 shall be determined to be invalid, such determination shall apply to the particular chapter, section, subsection, division or subdivision, and all other provisions of 302 CMR 18.00 shall remain valid and in effect.Adopted by Mass Register Issue 1289, eff. 6/19/2015.