The Massachusetts Endangered Species Act, or MESA, is similar in
some respects to the federal ESA, but is definitely its own kettle
of (endangered) fish. Indeed, after the decision by the
Supreme Judicial Court yesterday in Pepin v. Division of Fisheries and Wildlife,
one could almost say that MESA is a blank slate, authorizing DFW to
write any regulations it chooses that might arguably benefit
species that are endangered, threatened, or of "special
concern."
MESA protects species two ways. First, it authorizes DFW
to establish "significant habitat." Permits for
work in "significant habitat" may be granted if the
"proposed action will not reduce the viability of the
significant habitat to support the endangered or threatened species
population involved." Perhaps due to the statutory
authorization of takings claims following designation of
significant habitat, that provision of the statute has been used a
grand total of zero times since
enactment.
