Section 5.03 - Criteria and Procedure for Designating a CFR(1) The Division may, on its own initiative or in response to a reasonably supported request made pursuant to 321 CMR 5.04, assess a waterbody to determine its status as a CFR. The Division's determination of whether a waterbody should be designated as a CFR shall be based on biological data and other relevant information, including but not limited to, the following considerations: (a) sampling conducted by the Division for the presence of Coldwater Fish in the waterbody in accordance with stream survey and inventory protocols established by the Division;(b) for any trout captured in a waterbody, the Division will review one or more of the following: 1.stocking records for that species into that or nearby waterbodies,2.liberation permits issued for that or nearby waterbodies, and3.the sizes of trout encountered;(c) non-trout coldwater fish are presumed by the Division to be reproduced in the waterbody of capture or nearby tributaries to the waterbody of capture.(2) Waterbodies that the Division has determined meet the definition of a CFR in 321 CMR 5.02, as well as the Division's stream survey and inventory protocols, are posted on the Division's website (http://mass.gov/dfw/cfr).Adopted by Mass Register Issue 1275, eff. 12/5/2014.