Current through Register 1533, October 25, 2024
Section 2.02 - Management Measures(1) It is unlawful to operate any amphibious vehicle, airplane or seaplane in or on a public access facility.(2) Notwithstanding any provision of 320 CMR 2.00, the Director may establish: (a) management measures governing the use of a public access facility including, but not limited to, the number of users, the time of use, the manner of use and the type of use;(b) management measures governing any watercraft using a public access facility including, but not limited to, engine horsepower, watercraft specifications, and the size and type of trailers used to launch watercraft; and(c) management measures restricting, suspending or prohibiting the use of a public access facility.(3) Prior to the establishment of any management measure, except those established pursuant to 320 CMR 2.02(4) or (5), the Director shall provide the following notice and afford interested persons an opportunity to comment as follows: (a) publish notice of the management measures in a newspaper of general circulation within the jurisdiction of the public access facility;(b) mail a copy of the management measure to those associations, organizations or persons most affected by the measures, or who have requested to be notified of such measures;(c) file a copy of the notice with the State Secretary; and(d) prominently post the management measures at the entrance to the public access facility and at such other conspicuous locations within the facility as the Director deems necessary and appropriate.(4) If the Director finds that the immediate establishment of management measures is necessary for the public health, safety or general welfare, and that observance of the procedures for notice and comment provided in 320 CMR 2.02(3) would be contrary to the public interest, the Director may dispense with such procedures and establish the management measures on an emergency basis. The Director's finding and a brief statement of the reasons for his finding shall be incorporated in the emergency management measures and filed with the Secretary of the Commonwealth. The Director shall comply with the procedures for notice and comment provided in 320 CMR 2.02(3) if the management measures are to be effective for a period longer than 90 days.(5) Notwithstanding the requirements of 320 CMR 2.02(2) and (3), where the Director determines that a public access facility shall be temporarily closed or its use by the public temporarily limited for the purpose of necessary construction, maintenance or repair, the notice requirements of 320 CMR 2.02(3) or (4) shall not be applicable. Within 24 hours of making such a determination, the Director shall place signage at the applicable public access facility and post information on the Office of Fishing and Boating Access website that informs the public of such temporary closure or limits on the use of the facility.Amended by Mass Register Issue 1321, eff. 9/9/2016.