321 CMR, § 5.01
Certain species of fish are sensitive to increases in temperature and require coldwater to fulfill one or more of their life stage requirements. Since the 1940's, the Division has documented the presence of coldwater fish resources (CFRs) in the Commonwealth where these fish occur. In the 1990's, the Division established a list of CFRs to facilitate the tracking and effective monitoring, management and protection of these resources by the Division, other state agencies, and local regulatory authorities, including conservation commissions and planning boards. Under the Department of Environmental Protection's Water Management Act regulations at 310 CMR 36.00: Massachusetts Water Resources Management Program, an applicant proposing a water withdrawal that may affect a CFR designated by the Division pursuant to 321 CMR 5.00 will be required to minimize any impact on the CFR. The Division has not assessed all of the waterbodies in the Commonwealth to determine their status as a CFR. 321 CMR 5.00 codifies the criteria, procedures and related definitions used by the Division to designate waterbodies as CFRs. 321 CMR 5.00 also provides notice of where the Division's current list of CFRs is available for review by regulatory authorities and the general public.
321 CMR, § 5.01