The BEAT News

August 4, 2010

In the News

CALENDAR OF EVENTS
Environmental Monitor
Public Notices Alphabetically by town
The BEAT News Archives

Advocacy News (Includes how to reach your legislators)

DEP Enforcement Actions In The Berkshire
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GOVERNOR PATRICK SIGNS NEW OFF-HIGHWAY VEHICLE BILL INTO LAW
Law aims to increase safety of off-highway vehicle riding and protect natural resources

Governor Patrick signed 'An Act Regulating the Use of Off-Highway and Recreation Vehicles' at a State House Ceremony today.
Governor Patrick signed "An Act Regulating the Use of Off-Highway and Recreation Vehicles" at a State House Ceremony today. (Photo Credit: Holland Hinman/Governor’s Office)

Governor Patrick signed 'An Act Regulating the Use of Off-Highway and Recreation Vehicles' at a State House Ceremony today.
During the ceremony, the Governor met with the family of 8 year-old Sean Kearney who passed away due to injuries sustained in an ATV accident in 2006. (Photo Credit: Holland Hinman/Governor’s Office)

BOSTON - Saturday, July 31, 2010- Governor Deval Patrick today signed into law a bill aimed at increasing the safety of off-highway vehicle (OHV) riding and heightening the protection of natural resources on public and private lands used by OHVs by raising the minimum age requirement for OHV riding and increasing penalties for illegal riding.
"This legislation has many public benefits - improving rider safety, protecting private property and public land and safeguarding sensitive natural resources," Governor Patrick said. "I want to thank our partners in the Legislature and in the private sector for helping us take these important steps in protecting our residents and our public spaces."
"This bill focuses on the safety of people, especially children, who use these vehicles," said Senate President Therese Murray. "It holds negligent users or owners accountable and helps curb the dangerous practices that harm individuals and children."

The bill, “An Act Regulating the Use of Off-Highway and Recreation Vehicles,” prohibits any use of an OHV by children under age 14. Until now, children as young as 12 could operate an OHV if supervised by an adult, and as young as 10 if they were riding on the supervising adult's private property. This new age restriction does not apply to the use of dirt bikes or snowmobiles.

This legislation also strengthens laws that protect public and private land and natural resources from illegal, or irresponsible, use of OHV's by raising the penalties for such activity. For example, the new legislation increases the penalty for driving an OHV while intoxicated from a maximum $75 fine to a maximum $5,000 fine.

In addition, the bill requires mandatory safety training for all OHV operators 18 years old and younger, creates an OHV Program Fund, supported by OHV registration revenues and fines, to improve enforcement and develop and maintain OHV trails and reduces allowable OHV noise levels. The bill also establishes an OHV Advisory Group to increase communication among OHV riders, land owners, law enforcement agencies and other interested parties.

"DCR is very pleased with this new legislation, and we thank Governor Patrick for his support," said DCR Commissioner Richard K. Sullivan Jr. "The bill goes a long way toward making these off-road sports safer while protecting the valuable natural resources across the Commonwealth."

"This bill targets the unlawful use of snow and recreation vehicles through a comprehensive approach - mandatory safety training, strict age and engine size restrictions for juvenile use, and the creation of new fines and penalties for those who choose to operate these machines without regard for public safety. Riders who misuse these vehicles will now be held accountable for their actions," said Senator Steven A. Baddour, Senate Chairman of the Joint Committee on Transportation.

During today’s signing ceremony, Katie Kearney, the mother of 8 year-old Sean Kearney who passed away due to injuries sustained in an ATV accident in 2006, also spoke about the importance of this new law in helping to increase protections against the misuse of ATVs.

“We are very thankful today for the signing of the ATV legislation, and are confident that Sean's law will save lives,” said Kearney. “We feel very fortunate to have the Senate President as our Senator. Her leadership and dedication, along with the support of Vinny Demacedo and Tom Calter as our local legislators worked together for the safety of children. We couldn't prevent what happened to Sean, but we believe this law will prevent any more children in the future from being hurt. We would like to ask everyone to smile and think of Sean when they see the number 14.”

Much of the new legislation reflects the recommendations of the state's Off-Highway Vehicle Enforcement Working Group assembled by the Executive Office of Energy and Environmental Affairs (EEA) and DCR in 2007. The group included public and private landowners, environmental advocates, OHV enthusiasts, law enforcement officials and other stakeholders.

DCR currently has 117 miles of trails open to off-highway vehicles in state parks across the Commonwealth. Of those, 84 miles are in Beartown State Forest, October Mountain State Forest, Pittsfield State Forest and Tolland State Forest in the western part of the state. Another 33 miles of trails in southeastern Massachusetts are in Freetown-Fall River State Forest and F. Gilbert Hills, Wrentham and Franklin State Forest are open to motorcycles only. For more information on OHV riding in Massachusetts, visit DCR's website: www.mass.gov/dcr/recreate/orv.htm.
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Watershed Ecologist - Flow Restoration Program Planner

Environmental Analyst IV

Agency Name:

Dept. of Fish and Game

Official Title:

Environmental Analyst IV

Functional Title:

Watershed Ecologist - Flow restoration program planner

Occupational Group:

Physical Science

Position Type:

Civil Service

Full-Time or Part-Time:

Full-Time

Salary Range:

$55,938.74 to $74,950.20 Annually

Bargaining Unit:

09

Shift:

Day

Confidential:

No

Number Of Vacancies:

1

City/Town:

Boston

Region:

BOSTON

Facility Location:

Division of Ecological Restoration 251 Causeway Street - Suite 400 Boston, Massachusetts 02114

Application Deadline:

08-17-2010

Apply Online:

No

Posting ID:

J22380

This position is funded from the Commonwealth's annual operating budget.


Duties:
1. Directs the ecological work of the Division of Ecological Restoration (http://www.mass.gov/dfwele/der/index.htm) in the areas of instream flow and aquatic habitat.

2. Designs and supports research to understand the relationship between water quality, water quantity and ecology, e.g., to quantify the water levels necessary to support healthy functioning riverine and other water-dependent organisms and ecosystems.

3. Serves as coordinator for the River Instream Flow Stewards program, working with staff to: (1) set program priorities and workplans, (2) develop and maintain quality control techniques for monitoring, (3) interpret data and identify river restoration and protection strategies, (4) manage projects, contracts and budgets, (5) evaluate program needs and successes, and (6) network to determine appropriate technical partners to help municipalities and groups solve problems and protect resources.

4. Supervises staff who provide materials, training, and support to citizens and municipal officials for data collection and management activities that lead to improved surface water functioning. Work includes organizing training workshops, collecting and analyzing data, and providing data or other relevant information to local, state and federal agencies, consulting firms and project proponents to plan monitoring, protection and restoration projects that identify and mitigate problem areas.

5. Sets yearly staff program goals and prepares employee performance evaluations and conducts one-on-one meetings with staff to ensure goals and objectives are successfully met.

6. Participates in RIFLS Program activities including: (1) measuring stream flow and analyzing data to develop rating curves, (2) overseeing maintenance of technical equipment, databases and website, (3) providing workshops, technical sessions, materials, studies for technical audiences, federal, state and local officials and lay persons, (4) assisting citizens groups and others in the design and implementation of instream flow monitoring and restoration programs to collect and analyze hydrological and related ecological data and develop river restoration and protection plans based on results.

7. Provides technical guidance to communities, watershed associations and others in the identification, protection and stewardship of waters with ecological significance

8. Assists with the Division of Ecological Restoration quarterly and final reports and collaborates with other Division and Department staff as necessary.

9. Coordinates work on the above areas with all of DFG’s and other state and federal programs relating to instream flow, aquatic habitat and watershed-based ecological planning, protection and stewardship.

10. Represents the Department and the Division of Ecological Restoration and presents at interagency meetings, commission hearings, task forces, boards, conferences, and state and non-government committees as needed to share information and develop guidelines, recommendations and policies.

11. When appropriate, coordinates the Division of Ecological Restoration’s review from a hydrological and biological perspective of various laws, regulations, policies, plans and other actions affecting rivers and streams.

12. Prepares and submits grant applications to agencies and foundations.

13. Participates in capital and grant budget process and shares programmatic and administrative duties as needed.

14. Oversees flow restoration modeling and restoration projects performed by staff, or under contract with consultants, non-profit agencies and or grantees to ensure implementation is completed successfully.

15. Prepares technical specifications for RFRs for services and grants and develops associated budgets.

16. Prepares educational materials such as public presentations, articles, fact sheets, web-content.

Qualifications:

MINIMUM ENTRANCE REQUIREMENTS:

Applicants must have at least (A) five years of full-time, or equivalent part-time, technical or professional experience in the field of environmental science, biology, chemistry, earth science, environmental health, meteorology, natural science, toxicology or public health, of which (B) at least three years must have been in a professional capacity, and of which (C) at least one year must have been in a supervisory, managerial or administrative capacity, or (D) any equivalent combination of the required experience and the following substitutions.

Substitutions:
I. An Associate's degree with a major in the field of environmental science, biology, chemistry, earth science, environmental health, meteorology, natural science, toxicology or public health may be substituted for a maximum of one year of the required (A) experience.*

II. A Bachelor's degree with a major in the field of environmental science, biology, chemistry, earth science, environmental health, meteorology, natural science, toxicology or public health may be substituted for a maximum of one year of the required (A) experience.*

III. A Graduate degree with a major in environmental science, biology, chemistry, earth science, environmental health, meteorology, natural science, toxicology or public health may be substituted for a maximum of three years of the required (A) experience and one year of the required (B) experience.*

*Education toward such a degree will be prorated on the basis of the proportion of the requirements actually completed.

NOTE: Educational substitutions will only be permitted for a maximum of one year of the required (B) experience. No substitutions will be permitted for the required (C) experience.

SPECIAL REQUIREMENTS: Based on assignment, possession of a current and valid Massachusetts Class D Motor Vehicle Operator's License.

Preferred Qualifications:

1. Strong scientific background relating to instream flow, hydrology, relationship between water use, aquifers and surface waters, aquatic ecology and watershed management.

3. Ability to oversee scientific studies relating to instream flow, fisheries and habitat.

4. Ability to supervise staff.

5. Ability to plan program priorities, develop data collection methods, manage budgets and contracts.

6. Ability to analyze and communicate the meaning of complex data and to make meaningful conclusions.

7. Proven ability to work with the public and a variety of interested and involved parties, provide training and develop advocacy skills appropriate for instream flow restoration.

8. Ability to coordinate work with all of DFG’s and other state and federal programs relating to instream flow, aquatic habitat and watershed-based ecological planning, protection and stewardship.

9. Ability to understand scientific concepts and support volunteers to ensure quality control of the data.

10. Computer proficiency with the suite of Microsoft programs and GIS skills.

11. Ability to communicate effectively in written and oral expression.

Comments:

The Watershed Ecologist provides leadership for the flow restoration program and guides the use of staff and fiscal resources to achieve program goals. The position provides overall development, strategic planning and coordination of the instream flow and aquatic habitat protection initiatives for the Division of Ecological Restoration. The position works with staff to identify strategies, projects, tasks that achieve these initiatives and program goals. The position manages a staff of scientists, as well as interns, ensuring that their work has both scientific and applicable merit. The position is directly responsible for team building and employee performance evaluations. This position serves as an advisor to improve policies and regulation that impact in-stream flow.

In addition, the position oversees the River Instream Flow Stewards (RIFLS) program which works with volunteers to document local stream flows and protect and restore natural flow regimes. Staff train volunteers, provide the scientific underpinnings for the work and support implementation. This position also oversees scientific studies, contracts, RFRs and other tasks related to projects that the Division of Ecological Restoration is managing. Other duties may include project planning and administration, data analysis, report writing, supervising staff, meeting coordination, program evaluation, and maintaining liaisons with other agencies and organizations

This is a Civil Service position. This is an extension of Posting J22124 From July 27, 2010 through August 13, 2010

How To Apply:

All application must be made in writing, consisting of a cover letter making specific reference to this particular announcement, a current resume with references and a Commonwealth of Massachusetts Application for Employment form, which can be found on the Executive Office of Environmental Affairs web site at http://www.state.ma.us/envir/, select the link Employment, then EOEA employment application or you may request a copy be sent to you. All applications must be received no later than 5:00 PM of the deadline date

This is an extension of Posting J22124 From July 27, 2010 through August 17, 2010

How to apply:
Mail cover letter and resume to:

Peter Burke, Personnel Officer
Department Of Fish And Game
251 Causeway Street - Suite 400
Boston, Massachusetts 02114

Telephone #: (617) 626-1562
Fax #: (617) 626-1505

Agency Web Address:

http://www.mass.gov/dfwele/

Diversity Officer:

Mr. Peter Burke, (617) 626-1562
An Equal Opportunity/Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.
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PUBLIC COMMENT INVITED ON HABITAT MANAGEMENT IN WILDLIFE MANAGEMENT AREAS

The Massachusetts Fisheries and Wildlife Board is seeking public input and comment on the Division of Fisheries and Wildlife's habitat management activities on wildlife management areas. Wildlife enthusiasts, naturalists, hunters, anglers, birders, wildlife management area users and other conservation-minded citizens are invited to a public informational meeting scheduled for August 19, 2010, at the Ludlow Elks, 69 Chapin Street , Ludlow at 7PM. The meeting will include a presentation about the Division's wildlife habitat management goals, habitat management practices and wildlife outcomes on its wildlife lands and will include a question and answer period with Division staff. This facility is handicapped accessible.

"The Division's mission is to conserve the Commonwealth's wildlife diversity in perpetuity for the benefit and enjoyment of its citizens," notes Tom O'Shea, DFW Assistant Director of Wildlife. "The agency is obligated to restore and sustain healthy wildlife populations of all kinds. This public meeting will provide information on the scientific background and biological results for grassland, shrubland, and forest management activities carried out on DFW lands to provide critical habitats for declining types of wildlife."  The first informational meeting was held in Lenox on July 29, 2010.

The final public informational meeting will be scheduled in Westborough on September 13, 2010, at the Massachusetts Technology Collaborative, Karl Weiss Education and Conference Center , 100 North Drive , Room 102, Westborough.
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MACC Welcomes New Executive Director

by Patrick Garner, President
With great pleasure I announce that Linda Orel will be MACC's new Executive Director. An attorney who previously worked in the Boston area with The Nature Conservancy (TNC), Linda is presently with the Turner Foundation in Atlanta. She will start with us in early September, and be our guest of honor at the September Board meeting on Monday, September 13th.
linda orel


Linda brings tremendous experience in the Massachusetts environmental field to MACC. She has worked as a staff attorney at the State House, and was in private practice with a major law firm in Boston before starting with TNC. While honing her advocacy skills in these various positions, she worked as an instructor at the Science Museum for over 20 years.

With equal pleasure I note that Michele Girard, who has been Acting Executive Director during the transition, will assume an enhanced position with MACC. In addition to continuing in her role as Education Coordinator, she will work in a co-executive position with Linda to ensure that MACC operates at high efficiency and remains focused on its mission.

MACC is excited, and I know that Linda is looking forward to meeting you.
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Northeastern Transportation and Wildlife Conference
Planners, public works and transportation managers, environmental and natural resource professionals and students are encouraged to attend the 4th Biennial Northeastern Transportation and Wildlife Conference to be held at the University of Massachusetts in Amherst on September 12-15, 2010. The conference theme is “Sustainability in an Uncertain Landscape.” The need to replace an aging transportation infrastructure and forecast climate changes, along with increased development pressures poses both new threats and opportunities to wildlife. This conference will raise the bar by providing new information and results of new thinking required to ensure that both wildlife and transportation needs are to be sustained into the future.

Conference details:
September 12-15, 2010
University of Massachusetts
Amherst, MA

The conference is hosted by the Massachusetts Department of Transportation-Highway Division, Massachusetts Department of Fish and Game, Federal Highway Administration, VHB/Vanasse Hangen Brustlin, Inc., Kleinfelder/SEA, STV Incorporated, The Nature Conservancy, and Normandeau Associates, Inc.  The conference track sessions include: Planning for Wildlife, Wildlife Collisions, Road Ecology & Passage, Mapping and Modeling, and Wildlife Mitigation on Roads, Rails and Airports. 

Participants are encouraged to register before August 27 for the best rate. For more information and to register visit:
https://regstg.com/Registration/Introduction.aspx?rid=bb8b7855-ee7f-455a-9b9c-3922958924fd
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Community Coalition Forum for Central and Southern Berkshire County
Next Meeting
Friday, September 24, 10:00 a.m. to 12:00 noon
First United Methodist Church
55 Fenn St., Pittsfield, MA
Announcement

        After the completion of six community forums, along with participation of
Seventy-two nonprofit organizations, Co-Act will be conducting a survey before resuming our monthly meetings in September. The meeting is open to all with emphasis on managers of human service organizations.
 
         Starting in September the new time slot will be 10:00 a.m. till 12:00 noon as a response to the many requests for a schedule change.  The meeting will be followed by lunch and networking opportunities.  We will continue to alternate our meetings between Pittsfield and Great Barrington on the last Friday of each month.
 
        Present activities of the Coalition include collaborating with the faith-based community on actions identified during our Forum meetings.  Topics we are addressing are as follows:
 
Community Gardens and “Grow an Extra Row” for donations to meal sites.

  • Open a community center in Pittsfield for homeless, unemployed, or underemployed residents, which can also serve as a peer support center.
  • Make facilities available for an emergency shelter, overflow, or cot facility that meets fire codes.
  • Increase understanding of the scope of services available within Central and Southern Berkshire County by providing a training class for the faith based community.
  • Affordable housing and the “Housing First” model.


We look forward to receiving your response from the upcoming survey.

Questions???   
Contact:
Paul Deslauriers
Executive Director, Co-Act
Email:  paul@co-act.org     
Phone:  413-232-7888
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MassDEP, Massachusetts Food Association Announce Positive Early Results for Disposable Shopping Bag Reduction Partnership with Supermarkets
from MassDEP

Initiative Working to Encourage Long-term Recycling and Reusable Bag Use

BOSTON – The Massachusetts Department of Environmental Protection (MassDEP) and the Massachusetts Food Association (MFA) today announced that a joint initiative with the grocery and supermarket industry to reduce the number of disposable paper and plastic shopping bags distributed in Massachusetts has scored excellent results during the first two years – a reduction of 25 percent since 2007.

  “This public-private partnership has shown great success in increasing the use of reusable bags in place of disposable plastic and paper,” Energy and Environmental Affairs Secretary Ian Bowles said. “I applaud grocery stores and supermarkets for working with MassDEP to reduce disposable bag use, and the public for responding to their efforts.”

As part of the voluntary initiative, 12 supermarket chains, comprised of 384 stores representing over two-thirds of the industry in Massachusetts, have been participating in the effort by tracking annual paper and plastic bag usage. Participating chains reported the reduction of 25 percent in disposable bag distribution in Massachusetts. The goal of the initiative is a reduction of at least 33 percent by 2013.
for the full story

BEAT Note: We at BEAT think this is a pathetic goal. Let's really phase out plastic bag use - charge 5 or 10 cents a bag - or ban them altogether. When you are at the store - bring your own bag. If you do take plastic bags - reuse them or return them to be recycled. Aim for ZERO waste!
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