321 CMR 2:00 MISCELLANEOUS REGULATIONS RELATING TO DIVISION OF FISHERIES AND WILDLIFE

2.01 Retrieve or Bird Dog Trials in Massachusetts
2.02 Permits to Take or Possess
2.03 Possession of Shotgun Shells Loaded with BB Shot
2.04 Salvage, Disposition and Possession of Deer Killed by Means Other Than by Sport Hunting
2.05 Commercial Shooting Preserves
2.06 Classes of Hunting, Fishing and Trapping Licenses
2.07 Possession, Sale and Use of Ferrets
2.08 Use of Certain Traps for the Taking of Fur-bearing Mammals
2.09 Trapping of Birds by Farmers
2.10 Issuance of Permits to Expose Poisons for the Control of Mammal and Bird Species Not Protected by Federal or State Statutes
2.11 Display of Sporting, Hunting, Fishing and Trapping Licenses
2.12 Artificial Propagation and Maintenance of Birds, Mammals, Reptiles and Amphibians
2.13 Wildlife Rehabilitation
2.14 Problem Animal Control
2.15 Importation, Liberation and Transportation of Fish, Amphibians, Reptiles, Birds and Mammals

2.01: Retriever or Bird Dog Trials in Massachusetts.

In accordance with the authority vested in me by M.G.L. c. 131, § 21, and in addition to the provisions of M.G.L. c. 131, §§ 20 and 21, I hereby declare 321 CMR 2.01 relative to retriever or bird dog trials in Massachusetts.

(1) Upon application to the Director by a club or organization, and upon payment of a fee by the applicant, the amount of which shall be determined annually by the Commissioner of Administration and Finance under the provisions of M.G.L. c. 7, § 3B, while in effect, the Director may issue a license under M.G.L. c. 131, § 20, to such club or organization to hold a special bird dog trial or retriever trial at the time and place stated in the license.

(2) Clubs or organizations desiring to hold a bird dog trial or retriever trial on properties owned or administered by the Division of Fisheries and Wildlife, or on other properties where the services of an employee or employees of the Division of Fisheries and Wildlife are deemed necessary, may apply to the Director for a permit to hold said trial under M.G.L. c. 131, § 21. Such a permit may be issued upon payment of a reasonable fee, the amount of which shall be determined annually by the Commissioner of Administration and Finance. Said permit shall not authorize the killing or taking of game birds and mammals. No fee will be charged for M.G.L. c. 131, § 21 field trial permits issued for trials held on private grounds not involving the services of Division of Fisheries and Wildlife employees.

(3) Organizations desiring to apply for field trials or to purchase birds for use in field trials shall apply to the Division of Fisheries and Wildlife District Office for the area in which the trial is to be held at least four weeks prior to the date of the licensed trial. Applicants shall provide the Division with the name of the club sponsoring the trial, the date(s) and location of the trial site, and the name and address of a club officer who will act as representative at the trial. Date and location of the trial shall be approved by the Director or his authorized agent prior to the approval of bird liberations.

(4) No club or organization shall liberate any pheasant, quail, chukar partridge, mallard duck, or other game bird unless said club or organization possesses a permit from the Director so to do, and unless any pheasant or quail so liberated has been individually tested within six months, or the parent flock tested within one year, and certified by the Department of Food and Agriculture as free of salmonella pullorum as required in the official Massachusetts pullorum passed grade for poultry, or any transmissible poultry disease by the animal science department of the University of Massachusetts, or shall have been so certified by a corresponding agency or official of another state. No individual, club or organization shall import any game bird unless said individual, club or organization possesses a permit from the Director so to do.

(5) No club or organization licensed or permitted to hold a retriever or bird dog field trial on wildlife management areas, nor any individual or officer belonging to or associated with said club or organization, shall dump or discard any trash, bottles, signs, posters, or other debris within or upon any wildlife management area or on the grounds of adjacent installations, or inside of any buildings or facilities which may be provided for use by field trial licensees or permittees, nor shall any club, organization, or individual associated therewith discard or deposit hay, straw, manure, or other debris from or within any horse trailer or animal transporter onto or upon any lawn or parking lot of any wildlife management area or other Division installation. Licensees, permittees, or their representative shall inspect the premises utilized by them for said field trial and shall remove or cause to be removed, no later than the last day of the trial, any such debris, trash, manure, or material of like nature. Field trial chairmen will make any special arrangements with the Wildlife District Manager.

(6) The issuance of a field trial license or permit to an organization for a trial on a wildlife management area grants exclusive use of that area actually being used by the licensed organization and does not extend to other portions of the wildlife management area. Licensees, permittees, and participants engaged in field trials on wildlife management areas shall abide by the provisions of 321 CMR 3.01(1) unless herein excepted or excepted in the license or permit granted for said field trial, and shall further adhere to and abide by any special requirements issued or required by the Director or his authorized agent as conditional for a particular bird dog or retriever trial.

(7) Field trials may be conducted on the Crane, High Ridge, and Herman J. Covey (Swift River) Wildlife Management Areas from the first Saturday in March to the first Friday following Columbus Day. During the upland game bird season at Crane, High Ridge, and Herman J. Covey (Swift River) Wildlife Management Areas, trials may be conducted only on Sundays. From the first Friday following Columbus Day through the last Sunday in November, pheasants only will be used on the High Ridge, Herman J. Covey (Swift River) Wildlife Management Areas, and pheasants and quail only permitted on the Crane Wildlife Management Area. Trials may be conducted on other wildlife management areas at such times as may be authorized in writing by the Director or his agent.

(8) Horses may be used by handlers, judges, recorders, or scouts. All horses must travel in marked lanes or vehicle roads only unless involved in the handling of a dog as authorized by the field trial judge or unless otherwise authorized by the Director or his agent. No horses shall be permitted at any time in those fields or mown areas maintained for the purpose of flying model airplanes.

(9) Overnight camping in self contained units may be conducted in conjunction with field trials when so stated on the field trial permit. All campers, trailers, and other vehicles not authorized by the permittee for overnight camping or in trials not allowing overnight camping, must leave the trial grounds no later than four hours after the last brace of the day has been completed. No overnight camping will be allowed on the Herman J. Covey (Swift River) Wildlife Management Area. Parking and overnight camping for handlers, judges, committee members, participants and observers shall be in accordance with those areas designated by the Director or his authorized agent.

(10) Electrical, water, or sewage hookups shall not be made to Division outlets or buildings without the express permission of the Director or his authorized agent.

(11) For trials on any wildlife management area, licensees, permittees, or their authorized representative in charge of the trial must contact the Wildlife District Manager in charge thereof prior to said trial to receive any special instructions pertinent to the trial.

(12) No trials licensed under provisions of M.G.L. c. 131, § 20, shall be held on the High Ridge and Herman J. Covey (Swift River) Wildlife Management Areas.

(13) The Director may deny or revoke a permit for just cause at any time.

Statutory Authority: M.G.L. c. 131, §§ 4, 20, and 21.

Last Revised: 9-28-01

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2.02: Permits to Take or Possess.

(1) Definitions. For the purposes of 321 CMR 2.02, and unless the context requires otherwise, the following words shall have the following meanings:

Board means the Fisheries and Wildlife Board established pursuant to M.G.L. c. 21, § 7.

Director means the Director of the Division of Fisheries and Wildlife, with principal offices at 100 Cambridge Street, Leverett Saltonstall Building, Boston, MA 02202.

Person means any named individual, partnership, corporation, whether profit or non-profit, firm, business, or other commercial or non-commercial entity, club, organization, or association.

(2) Authority of Director. In accordance with the provisions of M.G.L. c. 131, § 4(2), the director may take or in writing authorize employees of the Division of Fisheries and Wildlife or other persons to take and possess fish, fish spawn, birds, the nest and eggs thereof, mammals, reptiles and amphibians at any time or in any manner for the purposes of observation, research, control or management, and, in his discretion, excuse certain persons so authorized from any licensing provision of M.G.L. c. 131.

(3) Scope. The provisions of 321 CMR 2.02 set forth certain special permits which may be granted pursuant to M.G.L. c. 131, § 4(2) and establish procedures for the granting of special permits or exemptions to certain classes of persons. 321 CMR 2.02 does not apply to permits or licenses issued pursuant to other provisions of M.G.L. c. 131 or c. 131A.

(4) Categories of Permits. Permits which may be issued pursuant to G.L. c. 131, § 4(2) may include, but not be limited to, bird-banding, salvage, and scientific collecting permits, or letter permits incorporating specialized authorizations. The director may establish reasonable standards and conditions for each category of special permit, consistent with the intent and purpose of the permit, and such standards and conditions shall be construed as limiting the authority of the permit to such extent. The director may further require a permittee to keep certain records or submit certain reports as a condition of the permit, or renewal thereof, and failure to keep or submit such records or reports, when required, may be cause for suspension, revocation, or non-renewal of the permit.

(5) Exceptions. Notwithstanding the provisions of 321 CMR 2.02(4), wildlife rehabilitation permits shall be administered in accordance with 321 CMR 2.13 and problem animal control permits in accordance with 321 CMR 2.14.

(6) Beaver Dams. Beaver are aquatic mammals which depend on impounded water as an essential part of their life cycle. Beaver construct dams from natural materials to provide such impounded water where not existing naturally in proximity to their food supply. The destruction or damaging of a beaver dam therefore may cause harm to or loss of the beavers inhabiting the water impounded by the dam. This destruction or damage, when caused by humans, is construed to constitute a take of the beavers harmed, or potentially harmed, by such action. The destruction, altering, or damage of a beaver dam as defined in 321 CMR 3.02(5)(a) is prohibited without a permit so to do. The director is authorized to issue such permit, when, in his judgement, such permit is necessary to avoid harm to essential human interests including, but not limited to, flooding of roads, structures, septic systems, agricultural crops, and wellfields, or the cutting of ornamental or fruit-bearing trees.

(7) Requirements for Group Permits and Exemptions. The director may, subject to federal law, issue a permit to any group or class of persons to take or possess fish, fish spawn, amphibians, reptiles, birds, the nest or eggs thereof, mammals, or invertebrates, or may issue an exemption for the taking thereof or for the manner, time or purpose of taking or other related requirements, in accordance with 321 CMR 2.02(7). Such permit or exemption may provide that such group or class of persons are authorized to engage in the specified activity, or to be exempted from certain requirements, as the case may be, by expanding the authority of such other permit or license as may be held by such persons. Alternatively, the director may determine that a notice published in the Massachusetts Register shall constitute the permit or exemption for those persons so authorized or exempted and such persons shall not be required to receive a individual permit to engage in the specified activity or exemption. In the case of 321 CMR 2.02(8)(d) and (e), the director may determine in writing, subject to the provisions of 321 CMR 2.02(8) and (9) that no permit is required to engage in certain specified activities. The provisions of 321 CMR 2.02(6) shall not be construed to limit the issuance of group fishing permits to the head of a veteran's hospital or to the administration of a publicly supported school for the mentally retarded, as provided for in M.G.L. c. 131, § 13.

(8) Determination. The director may issue a permit or make a determination pursuant to 321 CMR 2.02(6) if:

(a) the proposed activity is necessary or appropriate to preserve, protect, or enhance the public health or welfare;
(b) the proposed activity is necessary or appropriate to preserve, protect or enhance the health of fish, birds, amphibians, reptiles, birds, mammals, or invertebrates;
(c) the proposed activity is necessary or appropriate as a part of research or management of fish, amphibians, reptiles, birds, mammals, or invertebrates;
(d) the proposed activity is necessary or appropriate as part of observation or inventory of fish, amphibians, reptiles, birds, mammals, or invertebrates;
(e) the proposed activity is necessary or appropriate to promote interest in or understanding of fish, amphibians, reptiles, birds, mammals, or invertebrates.

(9) Procedure. A written determination made by the director in accordance with 321 CMR 2.02(6) shall not be effective until:

(a) such determination is approved in writing by the Board;
(b) such determination is published in the Massachusetts Register stating the reasons therefor;
(c) such determination is made available to the public at all the Division field installations and its Board offices;
(d) included with such determination is a statement that comments as to such determination may be submitted to the Division for a two week period.

(10) Comments. The director shall consider any written comments which may be submitted to the Division for a period of two weeks after the publication date. Based upon these written comments the director may amend, alter or rescind the determination.

(11) Denials. In the event of the denial, non-renewal, or suspension of a permit, other than a letter permit, the director shall follow those procedures set forth in 321 CMR 2.12(9), (20) and (21).

(12) A permit to use bear hounds or bait may be issued by the Director upon written application for the control of individual animals specifically identified as posing a threat to human safety or individuals that have destroyed livestock, property, or crops, or for legitimate scientific research projects that are conducted in a humane manner.

(a) Definitions:

Bear hound means a dog, regardless of breed, which is used to harass. hunt, pursue, scent, take, or trail black bear.

Director means the Director of the Division of Fisheries and Wildlife, as specified in M.G.L. c. 21, §7F through 7G, or his authorized agent.

Training means the harassment, hunting, pursuing, scenting, taking, or trailing of black bear with or by means of bear hounds, and includes attempts and acts of assistance for such purposes.

(b) Registration. All bear hounds used for training in Massachusetts shall be registered with the Director who may issue a permit for such use in accordance with M.G.L. c. 131, § 21A and 321 CMR 2.02(12). Such permit shall be valid for a period not to exceed one calendar year and shall be restricted to such locality or geographical area(s) as shall be approved by the Director.

(c) Applications. A person seeking a permit as provided in 321 CMR 2.01(12) shall submit a written application to the Director. Such permit may be issued to the applicant or to such agent of the applicant as shall be approved by the Director. Completed applications shall include a self-addressed stamped business-size envelope and shall be addressed to the Director of the Division of Fisheries and Wildlife.

(d) Information and Requirements for Applications. All applications shall include the following information:

1. name, street address, and telephone number of applicant;
2. name, street address, and telephone number of dog owner and/or trainer/handler, if different from 321 CMR 2.02(12(d)(1);
3. license plate number and state of registration of vehicle used to transport bear hounds;
4. for each individual bear hound, the breed, color, sex, tattoo number (if any), dog license or kennel number and city or town where licensed, and radio frequency of telemetry collar (if any);
5. signature of the applicant and owner or trainer/handler, executed under the pains and penalties of perjury;
6. date the application was executed; and
7. such other information as the Director shall require.

(e) Amendments. A permittee may add or delete individual bear hounds or vehicles to his permit at any time during the period during which such permit is valid. Such additions or deletions shall otherwise conform to the provisions of 321 CMR 2.02(12).

(f) Permit to be Carried. A person shall not train a bear hound unless he possesses on his person at all time during such training a bear hound registration permit as provided in 321 CMR 2.02(12)(b).

(g) Bear Hound Pack Limitations. Possession, use or control of more than four bear hounds while training, in any vehicle or in any field or woodland, is prohibited. Combined or relayed packs or more than four bear hounds by one or more permittees are prohibited.

(h) Baiting. A permit to use bait shall generally conform to the provisions of 321 CMR 2.02(12)(b) through (f) and shall include such other restrictions or conditions as the Director shall deem advisable, including, but not limited to, kinds and amount of bait, placement of bait, and bait removal requirements.

(13) A permit to use bobcat hounds may be issued by the Director for the purposes and in like manner as provided for in 321 CMR 2.02(12).

Regulatory Authority: G.L. c. 131, §§ 4(2), 21, 21A.

Last Revised: 10-1-99

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2.03: Possession of Shotgun Shells Loaded with B, BB, and BBB Shot.

In accordance with the authority found in M.G.L. c. 131, § 66, as amended by c. 193, St. 1988, rules and regulations relative to the possession of shotgun shells loaded with B, BB, and BBB shot are hereby adopted.

(1) Definitions:

B Shot means that size of shotgun shot which has a pellet diameter of .170 inches in the American standard.

BB Shot means that size of shotgun shot which has a pellet diameter of .180 inches in the American standard.

BBB Shot means that size of shotgun shot which has a pellet diameter of .190 inches in the American standard.

Buckshot means that size of shotgun shot which has a pellet diameter equal to or greater than 0.200 inches in the American standard and shall include, but not be restricted to T, TT, F and FF shot, so-called.

Coot means the coot or American coot (Fulica americana).

Non Toxic Shot means steel shot or such other non toxic shot as shall be approved by the United States Fish and Wildlife Service as an acceptable non toxic alternative to lead shot.

Shotgun Shell means a cartridge or round of ammunition consisting of primer, case, propellant (powder) and projectile (one or more shot, balls, or slugs) designed to be fired from a shotgun.

Shotgun shell loaded with shot means loose shot carried in a shot pouch or similar container, or which is carried on the person and could readily be so loaded, as well as shot which has been loaded in a shotgun shell or in the barrel of a primitive firearm.

Waterfowl means migratory game birds of the family Anatidae (ducks, mergansers, geese, and brant).

(2) Persons licensed to hunt in Massachusetts, or persons lawfully hunting without a license, and carrying a valid Federal Migratory Bird Hunting and Conservation Stamp if age 16 years or over and a valid Massachusetts Waterfowl Stamp if age 15 years and over, may use and possess for the purposes of hunting waterfowl or coot shotgun shells loaded with non toxic B, BB, and BBB shot during the annual open seasons for waterfowl and coot as provided in 321 CMR 3.02(2). Nothing in 321 CMR 2.03(2) shall be construed to allow the use of shotgun shells loaded with B, BB, or BBB shot or buckshot, slugs, or single balls of any size during those seasons or at those times or in those places where hunting by means of a shotgun is otherwise disallowed.

(3) Possession of shotgun shells loaded with lead or lead based B, BB, or BBB shot or with buckshot, slugs, or single balls, regardless of metallic composition shall be subject to the provisions of M.G.L. c. 131, § 66, and shall not be possessed in any place where birds and mammals may be found, except during the period when deer may be hunted lawfully by means of a shotgun as provided in 321 CMR 3.02(4)(b)3. Shotgun shells loaded with B, BB, BBB shot, buckshot, slugs, or single balls, regardless of metallic composition may be possessed on a skeet, trap, or target range between sunrise and sunset, when otherwise lawful.

Regulatory Authority: M.G.L. c. 131, § 66.

Last Revised: 9-28-90

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2.04: Salvage, Disposition, and Possession of Deer Killed by Means other than Sport Hunting.

(1) Purpose: The purpose of 321 CMR 2.04 is to provide a procedure for the salvage, disposition, and utilization of deer killed by means other than by sport hunting and to thereby eliminate or reduce the wastage of edible meat or specimens for scientific study. No person, except as provided in 321 CMR 2.04, shall take, transport, or possess a salvageable deer as defined in 321 CMR 2.04(2).

(2) Definitions. For the purposes of 321 CMR 2.04, the following words or phrases shall have the following meanings:

Approved Organization: Any non-profit Massachusetts sportsman's club, civic organization, church, synagogue or other religious entity, museum, natural history association, or similar non-profit organization

Director: The Director of the Division of Fisheries and Wildlife or his agent, with principal offices at Room 1902, 100 Cambridge Street, Leverett Saltonstall Building, Boston, Massachusetts 02202.

Eligible Person: The driver of the motor vehicle which collided with a salvageable deer, or any passenger in such vehicle, provided that such person shall be domiciled in Massachusetts.

Environmental Police Officer or EPO: The Director of the Division of Law Enforcement, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, and such other enforcement officers of the Division of Law Enforcement as may be appointed pursuant to M.G.L. c. 21, § 6.

Salvage: The lawful rendering into possession of a salvageable deer by an eligible person in accordance with provisions of 321 CMR 2.04.

Salvageable Deer: Deer killed by collision with a motor vehicle on a Massachusetts way, or by being seriously injured by such collision and subsequently killed at the scene of the collision by a law enforcement officer.

(3) Upon the killing of a salvageable deer, an eligible person who intends to salvage the deer shall immediately, upon taking the carcass of the deer into his possession, notify the Division of Law Enforcement (1-800-632-8075) of such intent and shall report to said Division his name and address and the date, place, and time of the killing of the deer. In the event that the Division of Law Enforcement cannot be so contacted, the eligible person shall immediately notify the municipal police in the town in which the deer was killed, or the nearest State Police Barracks, and shall request that such police log the incident, including the name and address of the eligible person and the date, place, and time of the killing of the deer.

(4) Within 24 hours after the killing of a salvageable deer, the eligible person shall transport the carcass of the deer to an installation or field office of the Division of Fisheries and Wildlife or of the Division of Law Enforcement, or, if so directed when reporting as specified in 321 CMR 2.04(3), to an Environmental Police Officer at such place and time as the EPO shall specify. The EPO or official agent in charge of the installation or field office shall cause the deer to be tagged with an official seal and shall complete and issue to the eligible person a permit which shall be issued at no charge and which shall allow him to possess and transport the salvageable deer. The official seal shall remain attached to the deer carcass while the carcass is being transported and until the carcass is butchered or otherwise prepared for food purposes. The eligible person shall retain the permit until all edible parts of the deer shall have been consumed.

(5) Deer or parts thereof salvaged under provisions of 321 CMR 2.04 shall not be sold, bartered, or exchanged for consideration, provided that nothing in 321 CMR 2.04(5) shall be deemed to preclude the retention for personal use by an eligible person of the head, hide, hooves, and shinbones of such salvageable deer as he shall have been permitted to possess. In the event that the salvageable deer shall be disposed of in accordance with 321 CMR 2.04(6)(a) to an approved organization for a game dinner or similar purpose, it shall be understood that any charge or fee requested by such approved organization shall be considered a donation to the organization and not a charge or fee for the purchase of any meal containing deer meat.

(6) In the event that an eligible person does not desire to salvage a salvageable deer, or if the deer is killed by a motor vehicle of which the driver and any passenger is not an eligible person, the deer may be disposed of in the following manner:

(a) by an Environmental Police Officer, who may dispose of the deer to any approved organization or to any person domiciled in Massachusetts who is otherwise ineligible under provisions of 321 CMR 2.04(3), provided that any deer so disposed of shall be tagged and a permit issued as specified in 321 CMR 2.04(4). The permit shall be issued in the name of the approved organization or person receiving the deer and shall, if applicable, also bear the name and address of a principal officer of the approved organization. Deer which shall be inedible or otherwise unsuited for salvage shall be disposed of by lawful burial or incineration or as otherwise ordered by the Director or the Director of Law Enforcement; or,

(b) by employees of a city or town or of the Department of Highways or of the Massachusetts Turnpike Authority, by burial or incineration in accordance with such permit or authorization as shall have been issued by the Director, or by disposition to such person or approved organization as shall be approved by the Director or an Environmental Police Officer; or,

(c) in the event that an Environmental Police Officer shall come into possession of a deer other than a salvageable deer or a deer which has been lawfully killed and tagged in accordance with provisions of 321 CMR 3.02(4), such EPO may dispose of the deer in accordance with provisions of 321 CMR 2.04(6)(a).

Regulatory Authority: M.G.L. c. 131, § 22A.

Last Revised: 7-1-94

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2.05: Commercial Shooting Preserves.

(1) Purpose and Scope: The purpose of 321 CMR 2.05 is to establish procedural and substantive requirements for the licensing and operation of commercial shooting preserves. A permit to operate a commercial shooting preserve shall entitle the permittee, and his clients, guests, or members, to hunt, kill, and take game birds of those species and at those times and in accordance with such conditions as shall be prescribed pursuant to M.G.L. c. 131, § 31, and 321 CMR 2.05. Permittees may charge such fee for membership or admittance to the commercial shooting preserve as they shall determine, subject to provisions of state law.

(2) Definitions:

Class A preserve means a shooting preserve operated on a commercial basis and open to the general public, and on which the holder of a permit charges a daily fee for hunting, or a fee for each bird killed, or a combination thereof.

Class B preserve means a shooting preserve operated as a nonprofit shooting preserve or a nonprofit club or membership shooting preserve with use limited to members and their guests.

Commercial Shooting Preserve or Preserve means a Class A or Class B shooting preserve licensed pursuant to M.G.L. c. 131, § 31.

Director means the Director of the Division of Fisheries and Wildlife or his agents, 100 Cambridge Street, Leverett Saltonstall Building, Boston, MA 02202.

Environmental Police Officer means the Director of Law Enforcement, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, and such other enforcement officers of the Division of Law Enforcement as may be appointed pursuant to M.G.L. c. 21, § 6.

Gender means, unless the context requires otherwise, that words importing the masculine gender shall include the feminine and neuter.

Permit means a permit to operate a commercial shooting preserve, including both Class A and Class B preserves, issued pursuant to M.G.L. c. 131, § 31.

Person means any individual, partnership, corporation, whether profit or non-profit, firm, business or other commercial or non-commercial club, organization, or association.

(3) Application. A person seeking a commercial shooting preserve permit shall complete a written application on forms supplied by the Director. Applications shall be addressed to: Division of Fisheries and Wildlife, Field Headquarters, 1 Rabbit Hill Road, Westborough, MA 01581, ATTN: Commercial Shooting Preserves.

(4) Information and Requirements for Application. All initial applications shall contain the following information:

(a) the name of the individual, organization or group to whom the permit is to be issued;
(b) the name, mailing address and telephone number of the applicant or principal officer or contact person;
(c) the street address or equivalent descriptive location of the preserve and a plot plan thereof;
(d) the total number of acres of the preserve and the acreage of woodland, cultivated land and other land use types;
(e) a statement as to whether the applicant owns or leases the property on which the preserve is located;
(f) if leased, the name and address of the owner and a copy of the lease, which shall therein specify the dates or period for which the property has been leased;
(g) the type of activity to be conducted, whether a public or private preserve;
(h) evidence of the applicant's ability to raise or purchase for liberation those numbers of game birds specified in 321 CMR 2.05(14)(d) or (e), as the case may be;
(i) the estimated number of game birds, by species, to be released on the preserve during the period for which the permit is valid;
(j) the date the application was executed;
(k) the applicant's signature, executed under the pains and penalties of perjury;
(l) such other information as the Director may require.

(5) Renewal Applications. Information for renewal applications shall include, but not be limited to:

(a) information set forth in 321 CMR 2.05(4) (a), (b), (d), (g), (f), (h), (i), and (j);
(b) evidence of compliance during the previous year with the requirements of 321 CMR 2.05(14)(d);
(c) a copy of the commercial shooting preserve summary report for the previous year.

(6) Agreement. All permits issued pursuant to 321 CMR 2.05 shall be signed by the permittee. Such signature shall constitute:

(a) an agreement by the permittee to fully comply with all relevant provisions of law, including but not limited to M.G.L. c. 131, 321 CMR, and all applicable conditions and restrictions of the permit;
(b) liability agreement.

(7) Fees. All applications and renewals shall be accompanied by the appropriate fee indicated on the permit application, or renewal as the case may be, in the form of a check or money order payable to the Division of Fisheries and Wildlife. Cash may be used only when the application is made in person.

(8) Abandoned Applications. Incomplete or improperly executed applications shall be treated as provided in 321 CMR 2.12(8).

(9) Denial. Applications for a permit shall be denied when:

(a) the applicant has within one year preceding the date of application been convicted of a violation of M.G.L. c. 131, c. 131A, or any rule or regulation issued under authority thereof, or any federal statute or regulation which is related to the activity for which the permit is sought;
(b) the applicant has failed to disclose material information or has made false statements as to any fact in connection with the application;
(c) the applicant has failed to pay the required fee;
(d) the applicant does not own, lease, or have title to the land on which the preserve is located;
(e) an inspection of the facilities on which the preserve is located has disclosed that the facilities do not meet the requirements found in 321 CMR 2.05(11) and such deficiencies have not been corrected within 30 days from the date of the inspection;
(f) the applicant has failed to comply with the zoning requirements of the city or town in which the preserve is located;
(g) the Director determines that the operation of the preserve is not in the public interest.

(10) Conditions. The Director may at any time, in writing, establish conditions or restrictions to a permit issued pursuant to 321 CMR 2.05 if, in his opinion, the conditions or restrictions are necessary for the preservation and protection of the health, welfare or safety of the wildlife or the citizens of Massachusetts.

(11) Inspections. Upon submission of a properly completed application for a permit to be issued pursuant to 321 CMR 2.05, and all required supporting documentation and fees, an agent of the Director, or an Environmental Police Officer, or both, shall inspect the facilities and ascertain that they meet the following minimum requirements:

(a) the preserve consists of a single contiguous parcel of land containing not less than 100 acres nor more than 500 acres;
(b) the preserve is posted conspicuously with printed notices at intervals of not more than 150 feet apart;
(c) the preserve has adequate facilities for parking by members, guests, and clients;
(d) towers, holding pens, and other facilities for holding or releasing game birds are in good repair and suitable to the purpose thereof;
(e) such other conditions as may have been stipulated pursuant to 321 CMR 2.05(10).
The Director or his agents or an Environmental Police Officer may also conduct inspections, announced or unannounced, at reasonable times for insuring compliance, inspecting records, or for scientific investigation.

(12) Period of Operation. A Class A preserve may operate from January 1 to December 31 in the calendar year only. A Class B preserve may operate only from September 15 to the following March 31.

(13) Propagation Requirements. When propagating or maintaining game birds, a permittee shall comply with the licensing requirements specified in 321 CMR 2.12.

(14) Importation and Liberation Requirements.

(a) When importing game birds, a permittee shall obtain an importation permit and otherwise comply with the relevant provisions of M.G.L. c. 131, § 19A and 321 CMR 2.15.

(b) A permittee shall not be required to obtain a liberation permit to liberate on a commercial shooting preserve those game birds specified in 321 CMR 2.05(15), provided that the permittee complies with 321 CMR 2.05(14)(c).

(c) No game bird shall be imported or liberated unless it has been certified by the Department of Food and Agriculture that it has been individually tested within the past six months, or the parent stock tested within the past one year, and found free of salmonella pullorum as required in the official Massachusetts pullorum passed grade for poultry or of any transmissible poultry disease by the veterinary department of the University of Massachusetts, or shall have been so certified by the corresponding official of another state.

(d) A Class A permittee shall, during the first year of operation, liberate at least 500 game birds as listed in 321 CMR 2.05(15), singly or in the aggregate, per 100 acres of preserve annually between January 1 and the following December 31. A Class A permittee shall, during the second and subsequent years of operation, liberate at least 1000 game birds as listed in 321 CMR 2.05(15), singly or in the aggregate, per 100 acres of preserve annually between January 1 and the following December 31.

(e) A Class B permittee shall liberate at least 200 game birds as listed in 321 CMR 2.05(15), singly or in the aggregate, per 100 acres of preserve annually between September 15 and the following March 31.

(15) Game Bird Requirements. Game birds liberated on a commercial shooting preserve may be killed and taken only by shooting or by falconry as provided in 321 CMR 2.05(18). Only the following game birds may be propagated or imported, and liberated on a commercial shooting preserve:

(a) ring-necked pheasant;
(b) bobwhite quail;
(c) chukar partridge;
(d) Hungarian or gray partridge;
(e) captive-reared mallard ducks, as defined by the U.S. Fish and Wildlife Service pursuant to the Code of Federal Regulations, 50 CFR 21.13, provided that such ducks may be liberated, hunted, or taken in tower shoots only and that only non-toxic shot as approved by the U.S. Fish and Wildlife Service be used in hunting such ducks.

(16) Hunting. All persons hunting on a commercial shooting preserve shall have a current and valid Massachusetts hunting or sporting license, as follows:

(a) a current and valid resident or non-resident hunting or sporting license which shall entitle the holder thereof to hunt those game birds specified in 321 CMR 2.05(15), and, in addition, any other species for which the season is open pursuant to provisions of 321 CMR, as follows: on a Class A preserve, from January 1 to December 31 in the calendar year, and, on a Class B preserve, from January 1 to March 31 and from September 15 to December 31 in the calendar year, provided that for both Class A and Class B preserves any other license, permit, or stamp as required by M.G.L. c. 131 or 321 CMR has been obtained; or

(b) a current and valid resident or non-resident 1-day hunting license, valid only on commercial shooting preserves, which shall entitle the holder to hunt only those game birds specified in 321 CMR 2.05(15). Such license shall be valid only on the date specified on the license.

(c) A person hunting on a commercial shooting preserve, except persons hunting waterfowl or wild turkey, shall wear a cap or hat of "hunter orange" color as defined in 321 CMR 3.01(2), provided that persons hunting deer shall comply with 321 CMR 2.05(19).

(d) A person purchasing a resident or non-resident 1-day hunting license, valid only on commercial shooting preserves, shall be exempt from the provisions of M.G.L. c. 131, § 14, provided that such exemption shall be applicable only to one who purchases such resident or non-resident commercial shooting preserve hunting license on no more than four separate occasions in any calendar year.

(17) Sunday Hunting. In accordance with the provisions of M.G.L. c. 131, § 57, permittees, members, guests, and clients may hunt on a commercial shooting preserve on a Sunday, within the period of operation for Class A and Class B permits as provided for in 321 CMR 2.05(12), provided that during the open season on ducks as established pursuant to 321 CMR 3.02(2) a person may hunt on Sunday only ring-necked pheasant, bobwhite quail, chukar partridge, and Hungarian partridge. Outside the open season on ducks, a person may hunt on Sunday only those five species listed in 321 CMR 2.05(15).

(18) Falconry. A person holding a current and valid resident or non-resident hunting or sporting license, may hunt by means of falconry on a commercial shooting preserve, provided:

(a) the falconer is in compliance with the provisions of 321 CMR 3.04, or the equivalent requirements of another state; and
(b) such falconry hunting is conducted during the falconry hunting seasons for particular game as specified in 321 CMR 3.02 and 321 CMR 3.04(10).

(19) Deer Hunting. During the shotgun period or the primitive firearms period of the open deer season as provided in 321 CMR 3.02(4), a permittee may authorize the hunting of deer only, or, the hunting of those game birds specified in 321 CMR 2.05(15) only. During any period when deer are hunted with a firearm on a commercial shooting preserve, no person shall hunt any species other than deer. A person hunting deer with a firearm on a commercial shooting preserve shall wear in a conspicuous manner on his head, chest, and back a minimum of 500 square inches of clothing or material of a "hunter orange" color as defined in 321 CMR 3.01(2).

(20) Tagging Requirements. Before any propagated or liberated game bird as specified in 321 CMR 2.05(15) is consumed on the premises or removed therefrom, the permittee shall attach a tag to each bird. Each tag shall be numbered consecutively and shall be supplied by the Director at a cost to be determined annually by the Commissioner of Administration and Finance. The tag shall remain on the individual bird until it is prepared for consumption. Tags shall not be used more than once and shall be immediately destroyed upon removal from the bird.

(21) Records and Reporting Requirements. Permittees shall maintain a daily log bearing the name, address, and hunting or sporting license number of each hunter using the preserve, the numbers and species of birds released, the dates of such releases, and the numbers and species of birds harvested. Such logs shall be maintained for a period of two years. Logs shall be available for inspection at reasonable times by the Director, his agents, or an Environmental Police Officer. The permittee shall provide with his application for renewal a summary report in such form as shall be stipulated by the Director with the request for renewal of his permit.

(22) Suspension or Revocation. A permit issued pursuant to 321 CMR 2.05 may be suspended or revoked in accordance with the relevant provisions of M.G.L. c. 30A and 801 CMR 1.00 for:

(a) a violation of any provision of M.G.L. c. 131 or c. 131A;
(b) a violation of any provision of 321 CMR;
(c) a violation of any federal statute or regulation which is related to the activity for which the permit has been obtained;
(d) a violation of any condition or restriction of the permit;
(e) upon the request of an Environmental Police Officer, if it is determined that the permittee's operation causes an unnecessary threat to the public health, welfare, or safety.

(23) Compliance with Other Laws. Issuance of a commercial shooting preserve permit under 321 CMR 2.05 shall not exempt the permittee or his members, clients, or guests from compliance with the provisions of any other federal, state, or local law or bylaw, wherein not specifically exempted.

Regulatory Authority: M.G.L. c. 131, § 31.

Last Revised: 7-11-97

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2.06: Classes of Hunting, Fishing, and Trapping Licenses.

In accordance with the provisions of M.G.L. c. 131, § 11, as amended by Chapter 495, St. 1993, the following classes of hunting, fishing, sporting, and trapping licenses are hereby established:

Fishing:

F1 Resident Citizen/Alien Fishing, to be issued upon payment of the required fee to any resident citizen or alien 18 years of age or older whose legal residence in Massachusetts covers a period of at least six consecutive months immediately preceding the date of application, or to non-resident military personnel on active duty and stationed in Massachusetts. This license entitles the holder thereof to angle for fish in inland waters in accordance with the seasons and regulations established by law.

F2 Resident Citizen Minor Fishing, to be issued upon payment of the required fee to any resident citizen of the United States, 15 to 17 years of age, inclusive, whose legal residence in Massachusetts covers a period of at least six consecutive months immediately preceding the date of application. This license entitles the holder thereof to angle for fish in inland waters in accordance with the seasons and regulations established by law.

F3 Resident Citizen Fishing (Ages 65 -69), to be issued upon payment of the required fee to any resident citizen of the United States, 65-69 years of age, inclusive, whose legal residence in Massachusetts covers a period of at least six consecutive months immediately preceding the date of application. This license entitles the holder thereof to angle for fish in inland waters in accordance with the seasons and regulations established by law.

F4 Resident Citizen Fishing (Blind, Paraplegic, Mentally Retarded, and Aged over 70), to be issued upon payment of the required fee to any resident citizen of the United States, 15 years of age or older, whose legal residence in Massachusetts covers a period of at least six months immediately preceding the date of application and who meets at least one of the following requirements:

(a) Blind: sightless or having less than 1/10 of normal vision in the more efficient eye when refractive defects are fully corrected by lenses;

(b) Paraplegic: total paralysis of the lower half of the body with involvement of both legs;

(c) Mentally Retarded: failure in intellectual development that results in social incompetence and is held to be caused by defect in the central nervous system and to be incurable. An applicant must show a certificate attesting to that effect signed by a duly qualified physician, or a written statement from a public school official in the city or town in which such person is residing, indicating that such person has been classified as mentally retarded;

(d) Resident Citizen aged 70 or older.
This license may also be issued to a non-resident paraplegic citizen, upon evidence of such affliction, and provided that the applicant's state of residence grants a reciprocal privilege to residents of Massachusetts. This license entitles the holder thereof to angle for fish in inland waters in accordance with the seasons and regulations established by law.

F5 (Reserved).

F6 Non-Resident Citizen/Alien Fishing, to be issued upon payment of the required fee to any non-resident citizen or alien, 18 years of age or older, whose legal residence is outside Massachusetts. This license entitles the holder thereof to angle for fish in inland waters in accordance with the seasons and regulations established by law.

F7 Non-Resident Citizen/Alien 3-Day Fishing, to be issued upon payment of the required fee to any non-resident citizen or alien, 15 years of age or older, whose legal residence is outside Massachusetts. The license shall specify in the space provided on the face of the license the inclusive and consecutive dates for which the license is valid, and which shall encompass a span of three consecutive calendar days. This license entitles the holder thereof to angle for fish in inland waters in accordance with the seasons and regulations established by law, and only during those dates specified on the license.

F8 Resident Citizen/Alien 3-Day Fishing, to be issued upon payment of the required fee to any resident citizen or alien, 15 years of age or older, whose legal residence is in Massachusetts covers a period of at least six months immediately preceding the date of application, or to non-resident military personnel on active duty and stationed in Massachusetts. The license shall specify in the space provided on the face of the license the inclusive and consecutive dates for which the license is valid, and which shall encompass a span of three consecutive calendar days. This license entitles the holder thereof to angle for fish in inland waters in accordance with the seasons and regulations established by law, and only during those dates specified on the license.

F9 Non-Resident Citizen/Alien Minor Fishing, to be issued upon payment of the required fee to any non-resident citizen or alien, 15 to 17 years of age, inclusive, whose legal residence is outside Massachusetts. This license entitles the holder thereof to angle for fish in inland waters in accordance with the seasons and regulations established by law.

Hunting:

H1 Resident Citizen Hunting, to be issued upon payment of the required fee to any resident citizen of the United States, 15 years of age or older, whose legal residence in Massachusetts covers a period of at least six months immediately preceding the date of application, or to non-resident military personnel on active duty and stationed in Massachusetts. This license entitles the holder thereof to hunt game birds and mammals in accordance with the seasons and regulations established by law.

H2 Resident Citizen Hunting (Ages 65 - 69), to be issued upon payment of the required fee to any resident citizen of the United States, 65-69 years of age, inclusive, whose legal residence in Massachusetts covers a period of at least six months immediately preceding the date of application. This license entitles the holder thereof to hunt game birds and mammals in accordance with the seasons and regulations established by law.

H3 Resident Citizen Paraplegic Hunting, to be issued upon payment of the required fee to any resident citizen of the United States, 15 years of age or older, whose legal residence in Massachusetts covers a period of at least six months immediately preceding the date of application and who has total paralysis of the lower half of the body with involvement of both legs. This license may also be issued to a non-resident paraplegic citizen, upon evidence of such affliction, and provided that the applicant's state of residence grants a reciprocal privilege to residents of Massachusetts. This license entitles the holder thereof to hunt game birds and mammals in accordance with the seasons and regulations established by law.

H4 Resident Alien Hunting, to be issued upon payment of the required fee to any resident alien, 15 years of age or older, whose legal residence in Massachusetts covers a period of at least six months immediately preceding the date of application. This license entitles the holder thereof to hunt game birds and mammals in accordance with the seasons and regulations established by law.

H5 Non-Resident Citizen/Alien Hunting (Big Game), to be issued upon payment of the required fee to any non-resident citizen or alien, 15 years of age or older, whose legal residence is outside Massachusetts. This license entitles the holder thereof to hunt game birds and mammals (including deer, bear, and wild turkey) in accordance with the seasons and regulations established by law.

H6 Non-Resident Citizen/Alien Hunting (Small Game), to be issued upon payment of the required fee to any non-resident citizen or alien, 15 years of age or older, whose legal residence is outside Massachusetts. This license entitles the holder thereof to hunt game birds and mammals (except deer, bear, and wild turkey) in accordance with the seasons and regulations established by law.

H7 Non-Resident Citizen/Alien Commercial Shooting Preserve (1-Day), to be issued upon payment of the required fee to any non-resident citizen or alien, 15 years of age or older, whose legal residence is outside Massachusetts. The license shall specify in the space provided on the face of the license the date for which the license is valid, which shall encompass a single calendar day. This license shall entitle the holder thereof to hunt on commercial shooting preserves in accordance with the seasons and regulations established by law, and only on that date specified on the license.

H8 Resident Citizen Minor Hunting, to be issued upon payment of the required fee to any resident citizen of the United States, 15 to 17 years of age, inclusive, whose legal residence in Massachusetts covers a period of at least six consecutive months immediately preceding the date of application. This license entitles the holder thereof to hunt game birds and mammals in accordance with the seasons and regulations established by law.

H9 Resident Citizen/Alien Commercial Shooting Preserve (1-Day), to be issued upon payment of the required fee to any resident citizen or alien, 15 years of age or older, whose legal residence in Massachusetts covers a period of at least six months immediately preceding the date of application, or to non-resident military personnel on active duty and stationed in Massachusetts. This license shall specify in the space provided on the face of the license the date for which the license is valid, which shall entitle the holder thereof to hunt on commercial shooting preserves in accordance with the seasons and regulations specified by law, and only on that date specified on the license.

Sporting:

S1 Resident Citizen Sporting, to be issued upon payment of the required fee to any resident citizen of the United States, 15 years of age or older, whose legal residence in Massachusetts covers a period of at least six months preceding the date of application, or to non-resident military personnel on active duty and stationed in Massachusetts. This license entitles the holder thereof to angle for fish in inland waters and to hunt game birds and mammals, in accordance with the seasons and regulations established by law.

S2 Resident Citizen Sporting (Ages 65 - 69), to be issued upon payment of the required fee to any resident citizen of the United States, 65-69 years of age, inclusive, whose legal residence in Massachusetts covers a period of at least six consecutive months immediately preceding the date of application. This license entitles the holder thereof to angle for fish in inland waters and to hunt game birds and mammals, in accordance with the seasons and regulations established by law.

S3 Resident Citizen Sporting (Aged 70 or older), to be issued upon payment of the required fee to any resident citizen of the United States, 70 years of age or older, whose legal residence in Massachusetts covers a period of at least six months immediately preceding the date of application. This license entitles the holder thereof to angle for fish in inland waters, to hunt game birds and mammals, and to trap fur-bearing mammals, in accordance with the seasons and regulations established by law.

Trapping:

T1 Resident Citizen Trapping, to be issued upon payment of the required fee to any resident citizen of the United States, 18 years of age or older, whose legal residence in Massachusetts covers a period of at least six consecutive months immediately preceding the date of application, or to non-resident military personnel on active duty and stationed within Massachusetts. This license entitles the holder thereof to trap fur-bearing mammals in accordance with the seasons and regulations established by law.

T2 Resident Citizen Minor Trapping, to be issued upon payment of the required fee to any resident citizen of the United States, 15 to 17 years of age, inclusive, whose legal residence in Massachusetts covers a period of at least six consecutive months immediately preceding the date of application. This license entitles the holder thereof to trap fur-bearing mammals in accordance with the seasons and regulations established by law.

T3 Resident Citizen Trapping (Aged 65 - 69), to be issued upon payment of the required fee to any resident citizen of the United States, 65-69 years of age, inclusive, whose legal residence in Massachusetts covers a period of at least six consecutive months immediately preceding the date of application. This license entitles the holder thereof to trap fur-bearing mammals in accordance with the seasons and regulations established by law.

T4 (Reserved).

Duplicate:

DF Duplicate Fishing (Classes F1 - F7), to be issued upon payment of the required fee to any person after loss of his or her original fishing license, upon submission of a duplicate certificate or verification of the license number, and submission of an affidavit setting forth the circumstances of said loss. This license entitles the holder thereof to the privileges conveyed by the original license.

DH Duplicate Hunting (Classes H1 - H7), to be issued upon payment of the required fee to any person after loss of his or her original hunting license, upon submission of a duplicate certificate or verification of the license number, and submission of an affidavit setting forth the circumstances of said loss. This license entitles the holder thereof to the privileges conveyed by the original license.

DS Duplicate Sporting (Classes S1 - S3), to be issued upon payment of the required fee to any person after loss of his or her original sporting license, upon submission of a duplicate certificate or verification of the license number, and submission of an affidavit setting forth the circumstances of said loss. This license entitles the holder thereof to the privileges conveyed by the original license.

DT Duplicate Trapping (Classes T1 - T3), to be issued upon payment of the required fee to any person after loss of his or her original trapping license, upon submission of a duplicate certificate or verification of the license number, and submission of an affidavit setting forth the circumstances of said loss. This license entitles the holder thereof to the privileges conveyed by the original license.

Stamps:

M1 Archery Stamp, to be issued upon payment of the required fee to any resident or non-resident citizen or alien. This stamp, in conjunction with the appropriate class of hunting or sporting license, entitles the holder thereof to participate in the exclusive archery hunting season for deer.

M2 Massachusetts Waterfowl Stamp, to be issued upon payment of the required fee to any resident or non-resident citizen or alien. This stamp, in conjunction with the appropriate class of hunting or sporting license and a federal Migratory Bird Hunting and Conservation stamp, entitles the holder thereof to hunt waterfowl in accordance with the seasons and regulations established by law.

M3 Primitive Firearms Stamp, to be issued upon payment of the required fee to any resident or non-resident citizen or alien. This stamp, in conjunction with the appropriate class of hunting or sporting license, entitles the holder thereof to participate in the exclusive primitive firearms hunting season for deer. This stamp shall also be required of a person who hunts by means of archery during the primitive firearms season for deer.

W1 Resident Wildlands Conservation Stamp, to be issued upon payment of the required fee to any resident citizen or resident alien who obtains a fishing, hunting, sporting, or trapping license, provided that such stamp shall not be required in order to obtain an F4, H3, or S3 license. Such stamp shall be purchased only with the first license purchased during the calendar year. This stamp, in conjunction with a fishing, hunting, sporting, or trapping license entitles the holder thereof to participate in the activity authorized by such license.

W2 Non-Resident Wildlands Conservation Stamp, to be issued upon payment of the required fee to any non-resident citizen or non-resident alien who obtains a fishing, hunting, sporting, or trapping license. This stamp shall be purchased with every license purchased during the calendar year. This stamp, in conjunction with a fishing, hunting, sporting, or trapping license entitles the holder thereof to participate in the activity authorized by such license.

W3 Wildlands Conservation Stamp (Collector's Edition), to be issued upon payment of the required fee to any resident or non-resident citizen or alien who desires to contribute to the Wildlands Conservation Fund or who is a stamp collector. This stamp does not convey fishing, hunting, sporting, or trapping privileges, unless accompanied by a W1 or W2 stamp and the appropriate class of license.

Statutory Authority: M.G.L. c. 131, § 11.

Last Revised: 4-16-99

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2.07. Possession, sale, and use of ferrets.

In accordance with the provisions of M.G.L. c. 131, § 77, as amended by c. 290, St. 1995, rules and regulations regarding the possession, sale, and use of ferrets are hereby established.

(1) Definitions.

Director means the Director of the Division of Fisheries and Wildlife, or his agent, with primary offices at 100 Cambridge Street, Leverett Saltonstall Building, Boston, MA 02202.

Educational institution means a person meeting those standards for educational use specified in 321 CMR 2.12(2) and (10)(b).

Environmental Police Officer means the Director of the Division of Law Enforcement, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, deputy environmental police officers, and such other enforcement officers of the Division of Law Enforcement as may be appointed pursuant to M.G.L. c. 21, § 6.

Ferret means the ferret, fitch, or fitchew (Mustela furo or Mustela putorius furo).

Person means any individual, partnership, corporation, whether profit or non-profit, firm, business or other commercial or non-commercial entity, club, organization, institution, or association.

Pet shop means a pet shop as defined in M.G.L. c. 129, § 1.

Received inoculations against canine distemper and rabies means that the subject ferret shall have received a minimum of the first shot in the inoculation series for those diseases and such others as may be required by the Director, provided that the subject ferret shall subsequently receive the remainder of the inoculation series, if any, and shall periodically receive any required booster shots or reinoculations, if any, and provided further that the burden of proof shall rest upon the owner thereof to demonstrate that such requirements for periodic shots or inoculations have been complied with. The earliest date at which said inoculations may begin shall be determined by the schedule set forth on the manufacturer's label or instructions for the particular vaccine being used, or equivalent standards set by a competent veterinary authority.

Research institution means a person meeting those standards for scientific use specified in 321 CMR 2.12(2) and (10)(a).

(2) Possession and sale of ferrets. Ferrets may be possessed as a household pet, for research by a research institution, for educational purposes by an educational institution, for breeding purposes by a licensed breeder, or sale by any such person, when in accordance with provisions of M.G.L. c. 131, § 77, and 321 CMR 2.07.

(3) Inoculations. Ferrets possessed as a household pet or by an educational institution must have received inoculations against canine distemper and rabies at time of purchase. Ferrets offered for wholesale or retail sale by a licensed breeder or a pet shop must have received inoculations against rabies and canine distemper prior to sale or offering for sale.

(4) Neutering and spaying. No person, except a research institution, or a licensed breeder as provided in 321 CMR 2.07(5), shall possess, sell, or offer for sale a ferret which has not been surgically neutered or spayed and rendered incapable of breeding.

(5) Breeding of ferrets. No person, except a research institution, shall breed a ferret or possess a ferret for breeding purposes without obtaining a license so to do from the Director. Persons so licensed shall be allowed to offer for wholesale or retail sale ferrets which are the offspring of animals propagated or maintained by said breeder, provided that ferrets so offered for sale shall have received inoculations and have been neutered or spayed as provided in 321 CMR 2.07(3) and (4). The offspring of ferrets bred by a research institution shall not be sold or offered for sale.

(6) Breeding facilities. Licensed breeders, as provided for in 321 CMR 2.07(5), shall comply with the standards for licensing, facilities, inspections, renewals, reports, and related provisions as provided for in 321 CMR 2.12(4) through (9), (15), (17), (18), and (21) through (23).

(7) Certificates to accompany sale of ferrets. Any ferret sold or offered for sale by any person must be accompanied by certificate(-s) from a licensed veterinarian, or in the case of canine distemper by any other proper person, stating that the ferret has received inoculations against rabies and canine distemper and, in addition, has been neutered or spayed and rendered incapable of breeding, provided, that ferrets which have not been rendered incapable of breeding may be sold by a licensed breeder or research institution to another licensed breeder or research institution. Each such certificate shall include the name, address, telephone number, and veterinary license number of the veterinarian or other person administering inoculations, or performing neutering or spaying, as the case may be, and the date(-s) on which inoculations, neutering or spaying, took place.

(8) Record keeping. Any person, except a research institution, possessing a ferret shall possess and keep the two most recent certificate(-s) of inoculations as provided for in 321 CMR 2.07(7). Any person, except a licensed breeder or a research institution, possessing a ferret shall have in their possession certificate(-s) of neutering or spaying as provided for in 321 CMR 2.07(7). Licensed breeders shall have in their possession the license issued by the Director allowing them to breed and possess ferrets which have not been neutered or spayed and rendered incapable of breeding. Any such records, certificates or licenses shall be shown upon demand at reasonable hours to the Director, an Environmental Police Officer, or other officer empowered to enforce M.G.L. c. 131.

(9) Prohibitions. It is unlawful for any person:

(a) to possess, sell or offer for sale a ferret which has not been neutered or spayed, except by a licensed breeder or a research institution;

(b) to possess, except by a research institution, or, in the case of a licensed breeder a ferret which has not attained the minimum age for inoculations, a ferret which has not received inoculations against canine distemper and rabies;

(c) to sell or offer for sale a ferret which has not received inoculations against canine distemper and rabies;

(d)to falsify any license application or renewal or certificate; provide false documentation in support of a license application or renewal or certificate; or fail to provide relevant and material information regarding a license application or renewal or certificate;

(e) who is a breeder to keep and maintain ferrets in enclosures or under conditions which fail to meet inspection standards or conditions set by the Director;

(f) to liberate or allow the escape of any ferret to the wild;

(g) to hunt for, catch, kill or cause to permit the hunting of any vertebrate animal with or through the use of a ferret;

(h) to have a ferret in one's possession or under one's control in any field, forest, or woodland or other place where wild birds or mammals may be found; and

(i) to fail to maintain records or certificates of inoculations against rabies and canine distemper, and of neutering and spaying, or to refuse to provide such records or certificates to any Environmental Police Officer or the Director.

(10) Forfeitures. Any ferret which has not been neutered or spayed, except as provided in 321 CMR 2.07(4), or which has not received inoculations against rabies and canine distemper, or which is used for hunting or to catch or kill any vertebrate animal, or which is in a person's possession in any field, forest, or woodland or other place where wild birds and mammals may be found, or which is escaped or at large may be seized by any Environmental Police Officer and disposed of to the best interest of the Commonwealth.

(11) Disposal of ferrets causing injury. Any ferret which bites a person or an animal may be quarantined by the Director as provided for in M.G.L. c. 131, § 25A, for such period as he may deem appropriate, or, at his discretion, when in his professional judgement such is necessary, may be seized by him or an Environmental Police Officer and destroyed without liability for rabies testing in accordance with standards set forth by the Centers for Disease Control or similar competent authority.

(12) Temporary Possession. Notwithstanding the foregoing, ferrets imported into Massachusetts for a period not exceeding two weeks for pet shows, exhibitions, or as a personal pet, shall be exempt from the requirements requiring neutering and spaying as provided for in 321 CMR 2.07(4), provided that such ferrets shall not be bred nor offered for sale while within Massachusetts.

Statutory Authority: M.G.L. c. 131, § 77.

Last Revised: 3-22-96

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2.08: Use of Certain Traps for the Taking of Fur-bearing Mammals.

(1) Definitions: for the purposes of 321 CMR 2.08, the following words and phrases have the following meanings:

Agriculture or Agricultural Use means farming or agriculture as defined in M.G.L. c. 111, § 1.

Cage or Box Type Trap means a trap that confines the whole animal without grasping any part of the animal.

Conibear Type Trap means "Conibear" model traps and similar body-gripping traps and devices, whether or not enclosed in or comprising part of a box, tube, or other enclosing device.

Department of Environmental Protection means the Department of Environmental Protection within the Executive Office of Environmental Affairs, as provided for in M.G.L. c. 21A, § 7.

Department of Public Health means the Department of Public Health within the Executive Office of Health and Human Services, as provided for in M.G.L. c. 6A, § 7G.

Director means the Director of the Division of Fisheries and Wildlife, as provided for in M.G.L. c. 21, § 7G.

Division means the Division of Fisheries and Wildlife within the Department of Fisheries, Wildlife and Environmental Law Enforcement, as provided for in M.G.L. c. 21A, § 8.

Federal Department of Public Health means the United States Public Health Service.

Fur-bearing Mammals means all mammals in the Class Mammalia, as defined in M.G.L. c. 131, § 1.

Municipal Board of Health means a board of health as defined in M.G.L. c. 111, § 1.

Municipal Conservation Commission means a conservation commission as provided for in M.G.L. c. 40, § 8C, provided that, if a town or city does not have a conservation commission, the authority thereof shall be exercised by the board of selectmen in a town or the mayor in a city.

Permissible Traps means cage or box type traps, common type mouse and rat traps, and net traps.

Prohibited Traps means all traps used for the capture of fur-bearing mammals except cage or box type traps, common type mouse and rat traps, and net traps.

Restricted Traps means conibear type traps.

(2) Use of Certain Traps Prohibited. Except as provided in M.G.L. c. 131, § 80A, and 321 CMR 2.08, a person shall not use, set, place, maintain, or possess for the purpose of capturing fur-bearing mammals, any prohibited trap in any wood, field, or waters of Massachusetts or in any other place where fur-bearing mammals may be found.

(3) Health and Safety Exceptions. Notwithstanding the provisions of 321 CMR 2.08(2), the Department of Public Health, the federal department of public health, or a municipal board of health may use prohibited traps for the purpose of protection from threats to human health and safety.

(4) Criteria for Determining Threats to Human Health and Safety. A threat to human health and safety may include, but not be limited to, one or more of the following situations:

(a) beaver or muskrat occupancy of a public water supply;

(b) beaver or muskrat-caused flooding of drinking water wells, wellfields, or water pumping stations;

(c) beaver or muskrat-caused flooding of sewage beds, septic systems, or sewage pumping stations;

(d) beaver or muskrat-caused flooding of a public or private way, driveway, railway, or airport runway or taxiway;

(e) beaver or muskrat-caused flooding of electrical or gas generation plants or transmission or distribution structures or facilities, telephone or other communications facilities, or other public utilities;

(f) beaver or muskrat-caused flooding affecting the public use of hospitals, emergency clinics, nursing homes, homes for the elderly, or fire stations;

(g) beaver or muskrat-caused flooding affecting hazardous waste sites or facilities, incineration or resource recovery plants, or other structures or facilities whereby flooding may result in the release or escape of hazardous or noxious materials or substances;

(h) the gnawing, chewing, entering, or damage to electrical or gas generating or transmission equipment, cables, alarm systems, or facilities by any beaver or muskrat;

(i) beaver or muskrat-caused flooding or structural instability on property owned by the applicant if such animal problem poses an imminent threat of substantial property damage or income loss, which shall be limited to:

1. flooding of residential, commercial, industrial or commercial buildings or facilities;
2. flooding of or access to commercial agricultural lands which prevents normal agricultural practices from being conducted on such lands;
3. reduction in the production of an agricultural crop caused by flooding or compromised structural stability of commercial agricultural lands;
4. flooding of residential lands in which the municipal board of health, its chair or agent or the state or federal department of health has determined a threat to human health and safety exists.

(5) Special Permits to Use Restricted Traps or Other Means of Relief. A person or his duly authorized agent may apply for a permit to use restricted traps or other means of relief, as follows:

(a) to the municipal board of health, in situations involving a threat to human health and safety, in accordance with 321 CMR 2.08(6) through (14);

(b) to the director, in situations not involving a threat to human health and safety, in accordance with 321 CMR 2.08(16) through (18).

(6) Emergency Permit to Use Restricted Traps, Breaching of Water Impedance Structures, or Water Flow Control Devices. An applicant or his duly authorized agent may apply to the municipal board of health for an emergency permit to immediately alleviate a threat to human health and safety pursuant to 321 CMR 2.08(4), on property owned, leased, or lawfully occupied by the applicant, provided, that in the case of a tenant or lessee, such applicant shall secure the authorization of the property owner prior to making such application.

(7) Authorizations Under an Emergency Permit . Such emergency permit shall authorize the applicant or his duly authorized agent, as named in the permit, to immediately remedy the threat to human health and safety, by one or more of the following options, for a period not to exceed ten consecutive days:

(a) the use of restricted traps or permissible traps, subject to the provisions of 321 CMR 2.08(21);

(b) the breaching of dams, dikes, bogs or berms, so-called, subject to the determinations and conditions of municipal conservation commissions pursuant to provisions of M.G.L. c. 131, § 40;

(c) the employment of any non-lethal management control devices or water flow control devices, subject to the determinations and conditions of municipal conservation commissions pursuant to provisions of M.G.L. c. 131, § 40.

(8) Determination of Threat to Human Health and Safety and Issuance of Emergency Permit. The municipal board of health shall, after receipt of an application for an emergency permit pursuant to 321 CMR 2.08(6), and after making a determination that such threat exists, and subject to the provisions of 321 CMR 2.08(7)(b) and (c), immediately issue said emergency permit for a period not to exceed ten consecutive days.

(9) Exception to Determination of Threat to Human Health and Safety. Notwithstanding the provisions of 321 CMR 2.08(8), the department of environmental protection shall make any determination of a threat to a public water supply, pursuant to 321 CMR 2.08(4)(a). The municipal board of health and the department of public health shall receive such determination from the department of environmental protection prior to issuing an emergency permit for such public water supply.

(10) Denial of Application for an Emergency Permit to Use Restricted Traps. If an application for such emergency permit is denied, an applicant may:

(a) appeal to the department of public health, if the denial involves a determination as to the existence of a bona-fide threat to human health and safety. If such alleged threat involves a public water supply, the department of public health shall consult with the department of environmental protection prior to rending a decision on the appeal.

(b) if the department of public health determines that a bona-fide threat to public health and safety exists, it shall render such decision to the municipal board of health, which shall, subject to the provisions of 321 CMR 2.08(7)(b) and (c), immediately issue said emergency permit for a period not to exceed ten consecutive days.

(c) appeal to the director, if the municipal board of health determines that a bona-fide threat to human health and safety exists, but the board's denial involves a question as to whether the threat is caused by the activities of beaver or muskrat.

(d) if the director determines that such threat to human health and safety is caused by the activities of beaver or muskrat, he shall render such decision to the municipal board of health, which shall, subject to the provisions of 321 CMR 2.08(7)(b) and (c), immediately issue said emergency permit for a period not to exceed ten consecutive days.

(11) Extension of Existing Emergency Permit. In the event that a threat to human health and safety, as specified in an emergency permit issued pursuant to 321 CMR 2.08(8), has not been abated or alleviated within the authorized ten day period, the applicant or his duly authorized agent, with the concurrence of the municipal board of health, shall apply to the director for an extension to such permit for a period not to exceed 30 consecutive days. If the director determines that a bona-fide threat to human health and safety exists, as advised by the municipal board of health, the department of public health, or the department of environmental protection, as the case may be, he shall immediately issue such extension permit for a period not to exceed 30 calendar days.

(12) Development of Abatement Plans. If the director determines that an extension to an emergency permit should be issued, he shall, within 30 days of such decision, develop a plan using alternative, non-lethal management techniques to address the beaver or muskrat problem which instigated the issuance of the permit. Such plan shall:

(a) be developed with the participation and assistance of the applicant or his duly authorized agent, the municipal board of health, and the municipal conservation commission as required pursuant to M.G.L. c. 131, § 40; and

(b) describe measures which may be employed to address said beaver or muskrat problem, using barriers, fencing, or other alternative non-lethal management techniques, water flow control devices, if appropriate to the situation, subject to the determinations and conditions of municipal conservation commissions pursuant to M.G.L. c. 131, § 40, and, if necessary, continued use of permissible traps to provide a long-term solution.

(c) The director shall, after development of such a plan, provide such reasonable technical advice, assistance, and support as shall be necessary for the applicant or his agent to implement the abatement plan.

(13) Additional Emergency Permits. Notwithstanding the provisions of 321 CMR 2.08(6) through (12), an applicant or his duly authorized agent may apply to the municipal board of health for additional emergency permits, provided:

(a) the applicant states in writing that there exists on property owned, leased or lawfully occupied by him a beaver or muskrat problem which the applicant or his authorized agent has:

1. attempted to address using alternative, non-lethal management techniques or permissible traps, and the problem cannot reasonably be abated by the continued use of such alternative, non-lethal management techniques or permissible traps; or

2. the applicant has applied for and is awaiting an extension emergency permit pursuant to 321 CMR 2.08(11).

(b) an applicant or his duly authorized agent, in the case of application for an additional emergency permit pursuant to 321 CMR 2.08(13)(a), shall be eligible for only two such additional emergency permits, in accordance with 321 CMR 2.08(14).

(14) Authorizations Under an Additional Emergency Permit. An additional emergency permit shall be authorized and valid as follows:

(a) application shall be made in the same manner as provided for in 321 CMR 2.08(6),(8) and (9);

(b) the first such permit shall authorize the applicant or his duly authorized agent, as named in the permit, to use any or all of the measures specified in 321 CMR 2.08(7). Said additional emergency permit shall be valid for a period of ten consecutive days;

(c) if the director has not approved an extension emergency permit within the ten day period provided in 321 CMR 2.08(14)(b), the applicant or his duly authorized agent may apply for a second additional emergency permit. Such second additional emergency permit shall authorize the applicant or his duly authorized agent, as named in the permit, to use only those measures proved for in 321 CMR 2.08(7)(b) and (c). Such additional emergency permit shall be valid for a period not to exceed ten consecutive days, or until the date on which the director renders his decision regarding the applicant's extension emergency permit, whichever period is shorter.

(15) Recommended Subregulatory Guidelines and Standards. For the purposes of 321 CMR 2.08(5) through (14), the director, in consultation with the departments of environmental protection and public health, may recommend guidelines and standards for permits, applications, reports, site inspections, dam or dike breaching periods, and water flow control structure installation. Such guidelines and standards may be set forth or distributed to boards of health, municipal conservation commissions, applicants or their agents, by postal mail or agency websites, or otherwise, and may include reference to published or unpublished agency documents, brochures, or handouts relevant to such activities. Such standards and guidelines may be issued jointly with the departments of environmental protection and public health. Such standards and guidelines, where not repugnant to law, shall be construed consistently with the provisions of 321 CMR 2.08 and M.G.L. c. 131, § 80A. Nothing in 321 CMR 2.08(15) shall be construed to limit the powers and authorities of the departments of environmental protection and public health.

(16) Non-emergency Special Permit to Use Restricted Traps in Situations not Involving Threats to Human Health and Safety. The director may authorize an applicant or his duly authorized agent, as named in the permit, to use restricted traps to abate animal problems on property owned by the applicant, in accordance with 321 CMR 2.08(16) through (18).

(17) Application Procedure for Obtaining Non-emergency Special Permit to Use Restricted Traps. The applicant shall apply to the director in writing and the application shall contain the following information:

(a) name, address, and telephone number of the applicant where the applicant may be reached between the hours of 9:00 A.M. and 5:00 P.M. and name of corporation or business represented by the applicant, if any;

(b) name, address, and telephone number of the property owner or lessee, if different;

(c) a statement by the applicant that there exists on property owned or leased by him, or on which the applicant intends to act as agent for the owner or lessee, a problem caused by fur-bearing mammals which cannot reasonably be abated by the use of permissible traps;

(d) a statement by the applicant that he, or the owner or lessee, has attempted to abate the problem using permissible traps and has failed to make such abatement;

(e) description of the type of damage caused by fur-bearing mammals, and the kind of mammal;

(f) street address or geographical location where the mammal damage is occurring;

(g) trap registration number of the applicant, if required pursuant to M.G.L. c. 131, § 80;

(h) the date the application was executed;

(i) the applicant's signature, executed under the pains and penalties of perjury; and

(j) the signature of the property owner or lessee, if different, executed under the pains and penalties of perjury.

(18) Review and Approval Procedure for Obtaining Non-emergency Special Permit. When the director receives an application for a non-emergency special permit to use a restricted trap, as provided for in 321 CMR 2.08(17), he shall:

(a) review the application and the type and circumstances of the mammal problem described therein and may, at his discretion, additionally cause a field inspection to be made of the situation; and shall further, if he determines that the circumstances warrant issuance of such permit,

(b) cause the applicant to demonstrate that he has used permissible traps for a period of at least 15 consecutive days, and that usage of such traps has failed to abate the mammal problem, and a signed statement by the applicant, signed under the pains and penalties of perjury, shall be accepted by the director as sufficient evidence of such permissible trap usage; and shall further, if he determines that the circumstances warrant issuance of such permit,

(c) cause the applicant to demonstrate that he has attempted to resolve the mammal problem with alternative, non-lethal management techniques, including, where appropriate, flow devices, exclosures, barriers, or harassment, and that usage of such alternative, non-lethal techniques has failed to abate the problem, and a signed statement by the applicant, signed under the pains and penalties of perjury, shall be accepted by the director as sufficient evidence of such usage of alternative, non-lethal techniques; and

(d) when the applicant has complied with 321 CMR 2.08(18)(a) through (c), to the satisfaction of the director, the director may authorize in writing the use, setting, placing, tending, and maintenance of restricted traps, of such number and type as he shall determine, and subject to the provisions of 321 CMR 2.08(21), for a period not to exceed 30 consecutive days at the address or location specified in the application by the named applicant.

(e) At the conclusion of the 30 day period, the applicant shall make a report in writing to the director, and shall state the number of days and/or trap-nights during which restricted traps were used, the success or failure of trap usage, and the number and kind of fur-bearing mammals trapped, if any, their disposition, and any other information as shall have been required by the director in the permit.

(f) If the applicant was unsuccessful in abating the mammal problem in accordance with such non-emergency special permit, the applicant may reapply and shall again comply with provisions of 321 CMR 2.08(18)(a) through (c).

(19) Procedure for Reviewing Complaints of Damage by Fur-bearing Mammals. If a report is received by the division of damage by or problems with beaver, muskrat, or other fur-bearing mammals:

(a) the circumstances of the complaint shall ascertained; and

(b) if the complaint or problem is alleged to pose a threat to human health and safety as provided for in 321 CMR 2.08(4), the complainant shall be referred to the municipal board of health in the city or town in which the problem occurs, or, if on federal property, to the federal department of public health; or

(c) if the complaint or problem is alleged not to pose a threat to human health and safety, as provided for in 321 CMR 2.08(4), the division may record the complaint data and may thereafter provide technical information, conduct a site visit, issue a dam-breaching permit pursuant to 321 CMR 2.02(6) subject to the determinations and conditions of municipal conservation commissions pursuant to provisions of M.G.L. c. 131, § 40, refer the complainant to a licensed hunter or trapper for harvest using firearms or permissible traps during the lawful open season, refer the complainant to a licensed problem animal control agent for taking with firearms or permissible traps, issue a permit to the applicant or a duly authorized agent to control the animal out of season using firearms, advise the complainant of the process for obtaining a non-emergency special permit to use restricted traps as provided for in 321 CMR 2.08(17) and (18), or take such other actions or provide such advice as is deemed appropriate to the situation.

(20) Denial of Non-emergency Special Permit to Use Restricted Traps. Where not repugnant to provisions of M.G.L. c. 30A, the procedure for appealing the denial of a non-emergency special permit to use restricted traps shall be as provided in 321 CMR 2.02(11).

(21) Use of Traps and Firearms. Traps and firearms may be used, set, placed, maintained, tended, or possessed for the capture of fur-bearing mammals in accordance with M.G.L. c. 131, §§ 4, 5, and 37, and 321 CMR 2.14 and 3.02(5), provided that a person lawfully using traps pursuant to permits issued under provisions of 321 CMR 2.08 shall:

(a) register all traps used, placed, set, maintained, possessed or tended on land of another, in accordance with provisions of M.G.L. c. 131, § 80.

(b) use restricted traps with a jaw spread not less than four inches and not greater than seven inches, provided such traps are used only when completely submerged in water or when set inside a dwelling or other building with the permission of the owner or occupant thereof. When set inside a building, such traps must have two functioning springs. Notwithstanding the foregoing, restricted traps with a maximum jaw spread not greater than ten inches may be used for the trapping of beaver only, provided that such traps are used only when completely submerged in water.

(c) use permissible traps only when in conformance with the provisions of 321 CMR 2.14(24) and 3.02(5)(c), unless otherwise allowed by law.

(d) for the purposes of 321 CMR 2.08, determine the jaw spread of a trap by measuring midway across the open jaws at right angles to the hinges between the extreme outside edges; and all persons subject to M.G.L. c. 131 shall

(e) use firearms only when in conformance with the provisions of 321 CMR 2.14(24)(f) and 321 CMR 3.00, and M.G.L. c. 140, unless otherwise allowed by law.

(22) Use of Certain Alternative Management Techniques. Notwithstanding the provisions of M.G.L. c. 131, § 80A and 321 CMR 2.08, a person not wishing to obtain an emergency permit or non-emergency special permit to use restricted traps pursuant to 321 CMR 2.08 shall not otherwise be required to obtain a permit to use certain alternative, non-lethal management techniques for the abatement or alleviation of problems caused by fur-bearing mammals, including, but not restricted to, barriers, exclosures, repellents registered and applied consistent with provisions of M.G.L. c. 131, § 43, and c. 132B, harassment, and similar techniques not otherwise repugnant to law, and subject to the determinations and conditions of municipal conservation commissions pursuant to provisions of M.G.L. c. 131, § 40, and the determinations and conditions of the division pursuant to 321 CMR 2.02(6).

(23) Agents. Licensed trappers, including licensed problem animal control agents, may act as agent for an applicant pursuant to 321 CMR 2.08, provided that such agent shall comply with the trapper training provisions of 321 CMR 2.14(24)(b) and (26), and 321 CMR 3.02(5)(c) and (f), and such other provisions of 321 CMR as shall be applicable.

(24) Incidental Capture. Any person taking a fur-bearing mammal or any other vertebrate animal under provisions of a permit issued pursuant to 321 CMR 2.08 shall, if the animal is killed in the trap, surrender the entire carcass of such animal within 48 hours to the Division, provided that if the animal is a beaver or a muskrat, or such other fur-bearing mammal as shall be specifically named in the permit as causing a threat to human health and safety, the permittee may retain the animal subject to relevant provisions of 321 CMR and M.G.L. c. 131. If an animal other than a beaver, a muskrat, or other fur-bearing mammal as shall be specifically named in the permit is taken alive in a trap, such animal shall immediately be released at the site of capture.

(25) Validity of Permits. Except where a shorter time period is specified in M.G.L. c. 131, § 80A and 321 CMR 2.08, all permits issued pursuant to 321 CMR 2.08 shall be issued and may be reapplied for consistent with provisions of M.G.L. c. 131, § 32.

Regulatory Authority: M.G.L. c. 131, § 80A.

Last Revised: 3-16-01

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2.09: Trapping of Birds by Farmers.

(1) Permits may be issued to farmers to trap alive and subsequently destroy English (house) sparrows, pigeons, and starlings if they are destroying agricultural crops or endangering the health of livestock, poultry, or fur bearing animals.

(2) If any bird protected by state or federal law, other than birds specified in the permit, be trapped, permittee shall immediately release it unharmed.

(3) Applications for permits shall be in writing, and shall state: the damage being done, the extent of such damage, the species of birds to be trapped, the type of trap to be used, the location of each such trap, and the period within which he intends to use such trap(s). Each application shall be accompanied by a fee, the amount of which shall be determined annually by the Commissioner of Administration and Finance pursuant to M.G.L. c. 7, § 3B.

(4) No trap other than a New York Starling Trap or trap of similar design shall be used in conjunction with this permit.

(5) Each trap shall be marked with the permittee's name and address and his permit number. The permittee or his agent shall check each such trap twice daily.

(6) Permittees must comply with any special terms, conditions, or restrictions prescribed in the permit.

(7) Unprotected birds trapped under this permit shall be destroyed as soon as possible after trapping, and shall not be kept for food or other purpose.

(8) At the end of the period specified in the permit, permittee shall send the director a written report, signed by him, stating the number and species of birds trapped and destroyed.

(9) This permit may be suspended or revoked by the director for cause after due notice and hearing.

Regulatory Authority: M.G.L. c. 131, § 38.

Last Revised: 4-22-94

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2.10: Issuance of Permits to Expose Poisons for the Control of Mammal and Bird Species not Protected by Federal or State Statutes.

(1) Definitions:

(a) Avitrol® means a brand of 4-aminopyridine, a bird management chemical registered as a flock-frightening repellent.

(b) Board means the Fisheries and Wildlife Board as constituted in M.G.L. c. 21, § 7.

(c) Director means the director of the Division of Fisheries and Wildlife, or his agent, 100 Cambridge Street, Boston, MA 02202.

(d) Orchard means a cultivated aggregate of fruit-producing trees or shrubs.

(2) Exposing of Poisons. No poisons or registered frightening agents shall be exposed for the control of bird or mammal species not protected by state or federal law, except as provided for in M.G.L. c. 131, § 43 or 321 CMR 2.10. Avitrol® may be used in accordance with 321 CMR 2.10 for repelling or frightening crows, blackbirds, pigeons, and gulls.

(3) Permits. No person, except as otherwise provided by law, shall place or expose poisons or registered frightening agents for the purpose of killing or frightening wild birds or mammals without obtaining from the Director a permit so to do, the cost of which shall be determined annually by the commissioner of administration pursuant to M.G.L. c. 7, § 3B.

(4) Issuance of Permits.

(a) Permits may be issued to the owner or agents of forest plantations or orchards to place poison for the extermination of rats, mice, and other pests of like nature, upon written request stating the specific area involved, toxicant, bait, and period of time during which such work will be conducted, in connection with public health and safety, the suppression of ticks and other animals or pests which may constitute a public nuisance, protection of wild birds and mammals, and purposes of a like nature.

(b) For the purposes stated in M.G.L. c. 131, § 43 and 321 CMR 2.10, permits may be issued to agents of the U.S. Department of the Interior, the U.S. National Biological Service, and the U.S.D.A. Animal and Plant Health Inspection Service.

(c) For the purposes of M.G.L. c. 131, § 43 and 321 CMR 2.10, permits may also be issued to commercial pest control operators, employees of the Commonwealth, or employees of political subdivisions of the Commonwealth, when in conformance or with the approval of the Massachusetts Department of Food and Agriculture and rules and regulations thereof.

(d) All persons must be certified by the Massachusetts Pesticide Board either as a private applicator in case of persons described in 321 CMR 2.10(4)(a), or a commercial applicator (subcategory vertebrate) in the case of persons described in 321 CMR 2.10(4)(c).

(e) Notwithstanding the provisions of 321 CMR 2.10(4)(d), the director may issue permits for the use of Avitrol® as a frightening or repelling agent to any person otherwise authorized by the Department of Food and Agriculture. Such permit shall authorize the use of Avitrol® only on the property of the permittee.

(f) A person holding a permit issued under 321 CMR 2.10 must be in direct and constant charge of any applications made under such a permit and must adhere to all rules and regulations of the Department of Food and Agriculture and 321 CMR 2.10.

(5) Duration and Time Limits of Permits.
Permits shall allow exposure of poison for the control of birds only for the period specified therein: which period or any part thereof may not be between March 15 and the following November 15; except that, the Director may authorize the placement of Avitrol® or of certain poisons on specific bait materials in specific situations provided that in his judgement sufficient scientific evidence has been presented to show that such placement will not be hazardous to migratory birds or other wildlife. Permits to expose poisons for the control of mammals shall be for such period as specified by the Director, in conformance with M.G.L. c. 131, § 32. All permits may be revoked for cause at any time by the Director.

(6) Materials Which May be Used Under Permits.

(a) All materials used under a permit issued pursuant to 321 CMR 2.10 must be registered with the Division of Food and Drugs, Department of Public Health, or the Massachusetts Pesticide Board, Department of Food and Agriculture, when so required by law; and, in addition,

(b) only such materials as may be approved by the Director may be used under these permits.

(c) The use of all materials approved under 321 CMR 2.10(6)(a) and (b) must be in conformance with any instructions therefor issued by the manufacturer thereof and with any added restrictions, conditions, or standards which may be placed on such use by the Director in order to protect migratory birds or other wildlife or components of the environment.

(7) Notification and Reporting of Operations.

(a) All persons holding permits shall notify the Director of writing prior to the application, indicating the date(-s) and place(-s) of application.

(b) Within one month following each operation, the person holding the permit under which the work is done shall report in summary form to the Director:

1. Location of operation
2. Dates of operation
3. Material exposed
4. Amount of material exposed
5. Evaluation of the results of the operation
6. Safety measures and precautions instituted

(c) In the case of operations undertaken by a county or a municipality, perm