Massachusetts Endangered Species Act Glossary: Key Terms & Definitions for Developers and Consultants

Massachusetts Endangered Species Act Key Terms & Definitions

Affected Properties: Properties that are located within a mapped Priority Habitat or Estimated Habitat area, as delineated by the Massachusetts Natural Heritage and Endangered Species Program (NHESP).

Alteration: Any activity that will change, destroy, or eliminate a portion of state-listed species habitat. This includes direct impacts, such as construction activities, as well as indirect impacts, such as noise or light pollution.

Conservation and Management Permit: A permit issued by the NHESP that allows for the "take" of a state-listed species or alteration of its habitat for conservation and management purposes, as defined in 321 CMR 10.23.

Conservation Plan: A document that outlines the measures that will be taken to avoid, minimize, and mitigate impacts to state-listed species and their habitats. This plan is required as part of the MESA review process for projects that will result in a "take" of a state-listed species.

Critical Habitat: Specific areas within the geographical area occupied by a species, at the time it is listed as endangered or threatened, on which are found those physical or biological features essential to the conservation of the species and which may require special management considerations or protection.

Endangered Species: Any species of plant or animal that is in danger of extinction throughout all or a significant portion of its range, as determined by the Massachusetts Division of Fisheries and Wildlife.

Estimated Habitat: The geographical extent of the habitats of state-listed rare wildlife, as delineated by the NHESP based on the best scientific evidence available.

Habitat Management: The active manipulation of habitats to maintain or enhance their suitability for state-listed species. This may include activities such as prescribed burning, invasive species control, or hydrological restoration.

Incidental Take: The taking of a state-listed species that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity, as defined in 321 CMR 10.23.

MESA: The Massachusetts Endangered Species Act (M.G.L. c.131A), which provides for the protection of rare species and their habitats in the Commonwealth of Massachusetts.

MESA Project Review: The regulatory review process through which projects that may impact state-listed species or their habitats are evaluated by the NHESP for compliance with MESA.

Mitigation: Actions taken to offset the adverse impacts of a project on state-listed species or their habitats. Mitigation may include habitat restoration, enhancement, or preservation.

NHESP: The Natural Heritage and Endangered Species Program, which is responsible for the conservation and protection of rare species and their habitats in Massachusetts.

Priority Habitat: The geographical extent of the habitats of state-listed rare species, as delineated by the NHESP based on the best scientific evidence available.

Proponent: Any person, organization, or agency that proposes to undertake a project that may impact state-listed species or their habitats.

Rare Species: Any species of plant or animal that is listed as Endangered, Threatened, or of Special Concern pursuant to MESA.

Special Concern Species: Any species of plant or animal that is documented by biological research and inventory to have suffered a decline that could threaten the species in Massachusetts if allowed to continue unchecked, or that occurs in such small numbers or with such a restricted distribution or specialized habitat requirements that it could easily become threatened within Massachusetts.

Species Recovery Plan: A document that outlines the actions necessary to improve the status of a state-listed species to the point where it can be removed from the list of Endangered, Threatened, or Special Concern species.

State-listed Species: Any species that is listed as Endangered, Threatened, or of Special Concern under MESA.

Take: 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 of, or attempt to engage in any such conduct. In reference to plants, means to collect, pick, kill, transplant, cut or process, or attempt to engage in any such conduct.

Threatened Species: Any species of plant or animal that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, as determined by the Massachusetts Division of Fisheries and Wildlife.