321 CMR 3:00 HUNTING
3.01(1) Public Shooting Grounds and Wildlife Management
Areas
3.01(2) Requirements Defining Hunter Orange
3.01(3) Hunting with Bows and Arrows
3.02(1) Hunting of Bear
3.02(2) Migratory Game Bird Regulations
3.02(3) Hunting of Bobcat, Foxes and Coyotes
3.02(4) Hunting and Tagging of Deer
3.02(5) Hunting and Trapping of Certain Mammals
3.02(6) Hunting of Pheasants, Quail, and Ruffed Grouse
3.02(7) Hunting of Gray Squirrels
3.02(8) Hunting of Crows
3.02(9) Hunting of Wild Turkeys
3.02(10) Hunting of Hares and Rabbits
3.03(1) Special Regulations for Delaney Wildlife Management
Area
3.03(2) Special Regulations for Northeast Wildlife Management
Area
3.03(3) Special Regulations for Ludlow Wildlife Management
Area
3.03(4) Special Regulations for J.J. Kelly Wildlife Management
Area
3.03(5) Special Regulations for Westborough Wildlife Management
Area
3.03(6) Special Regulations for Flint Pond Wildlife Management
Area
3.04 Falcons, Other Raptors and Falconry
3.05 Hunting, Fishing, Trapping, and Taking of Reptiles
and Amphibians in all Counties of the Commonwealth
3.01(1) Public Shooting Grounds and
Wildlife Management Areas
(a) Purpose: 321 CMR 3.01 governs the administration of wildlife management
areas and set forth permissible and prohibited activities on such areas.
The provisions of 321 CMR 3.00 incorporate the philosophy of the Division
that conservation shall encompass the wise use of wildlife resources,
including, where appropriate, protection, utilization, and management.
Therefore, except as provided in 321 CMR 3.03, hunting, fishing, and trapping
shall be permitted on wildlife management areas in accordance with the
provisions of 321 CMR 3.00 and other provisions of 321 CMR and of M.G.L.
c. 131.
(b) Definitions:
Alcoholic beverage shall be defined as in M.G.L. Ch 138, s.
1.
Camping means the utilization of any piece of equipment for sleeping
in or upon, including, but not limited to, a sleeping bag, hammock,
tent, tarp, motor vehicle, recreational vehicle, trailer, or watercraft,
for the purpose of occupying a piece of land or water for transient
and temporary outdoor living.
Controlled substance and counterfeit substance shall be defined
as in M.G.L. c. 94C, s.1.
Director means the Director of the Division of Fisheries and Wildlife.
Installation means fish hatcheries, game farms, wildlife district
offices, and the Westborough field headquarters.
Nature Preserve means those lands, waters, shores and interests
therein as defined and established pursuant to 321 CMR 11.00 and administered
under provisions of M.G.L. c. 131, sections 10A through 10D.
Wildlife Management Area means any real property, except installations,
nature preserves and wildlife sanctuaries, owned by the Commonwealth
of Massachusetts through the Division of Fisheries and Wildlife and
subject to the control and charge of said Division, or owned by or subject
to the control and charge of another agency of the Commonwealth or political
subdivision thereof or of the United States and operated or managed
by the Division of Fisheries and Wildlife under lease, easement, or
cooperative agreement as a wildlife management area. Additionally, the
Director, with the approval of the Fisheries and Wildlife Board, may,
by lease, easement, or cooperative agreement establish a wildlife management
area with a partnership, corporation, whether profit or non-profit,
firm, business, or other commercial or non-commercial entity, club,
organization, or association and such area shall be subject to provisions
of 321 CMR 3.01(1). For the purposes of 321 CMR 3.01(1), "wildlife
management area" shall be construed as inclusive of "public
shooting ground".
Wildlife Sanctuary means those lands, waters, shores, and interests
therein as defined in 321 CMR 7.01(2)(e) and administered under provisions
of M.G.L. c. 131, sections 7 through 10, or any other lands designated
by the Director as subject to 321 CMR 7.01.
(c) No person shall illegally consume, use, cultivate, or possess any
controlled substance of any schedule or class or any counterfeit substance
within the bounds of any wildlife management area.
(d) No person, except with the written permission of the Director or his
authorized agent, shall consume, use, or possess any alcoholic beverage
within the bounds of any wildlife management area.
(e) No person shall dump or discard, or cause to be dumped or discarded,
any container, papers, garbage, brush, stumps, leaves, solid or liquid
wastes, tires, or other material within the bounds of any wildlife management
area.
(f) No person shall remove, damage, or disturb vegetation, soil, or stones
within any wildlife management area except under permit from the Director
or his authorized agent, provided that nothing in 321 CMR 3.01(1)(f) shall
be construed to prohibit the harvesting for personal consumption of edible
wild fruits, berries, fungi, or nuts.
(g) No person shall use excessive speed in driving a vehicle on roads
within any wildlife management area.
(h) No person, except under permit from the Director or his authorized
agent, and except governmental employees in the performance of their duties,
shall drive, operate, or possess within the bounds of any wildlife management
area any motor vehicle, snow vehicle, or recreational vehicle, except
on roads or trails maintained by a governmental agency and designated
for the express purpose of permitting public vehicular traffic.
(i) No person shall deface, damage, remove, or molest any sign, fence,
gate, building, monument or equipment within or on any wildlife management
area.
(j) No person shall build or maintain, or cause to be built or maintained,
a fire within any wildlife management area without written permission
from the Director or his designated agent and the city or town fire chief
or the District Fire Warden.
(k) No person shall camp within any wildlife management area without written
permission from the Director or his designated agent.
(l) No person shall engage in target practicing or target shooting within
any wildlife management area without written permission from the Director
or his designated agent. "Target practicing" shall be construed
to include the "sighting in" or testing of firearms and bows-and-arrows.
(m) No person, except for the hunting of raccoon and opossum in accordance
with 321 CMR 3.01(1)(o) and except for the shooting of trapped fur-bearing
mammals by licensed trappers, shall use any weapon other than shotgun
or bow-and-arrow during the pheasant or quail seasons on any wildlife
management area where pheasant or quail are stocked. Stocked areas are
listed in 321 CMR 3.01(1)(n).
(n) No person, except in accordance with 321 CMR 3.01(1)(o),shall hunt
before sunrise or after sunset during the pheasant and quail seasons on
any wildlife management area where pheasant or quail are stocked. Stocked
areas are as follows:
Central Wildlife District:
Barre Falls Wildlife Management Area (WMA)
Bennett WMA
Birch Hill WMA
Bolton Flats WMA
E. Kent Swift WMA
Four Chimneys WMA
High Ridge WMA
Hubbardston WMA
Millers River WMA (Athol, Royalston, Phillipston)
Moose Hill WMA
Phillipston WMA
Popple Camp WMA
Quaboag River WMA
Quacumquasit WMA
Richardson WMA
Ware River WMA
West Hill WMA
Westborough WMA
Winimusset WMA
Connecticut Valley Wildlife District:
Bennett Meadows WMA
Herman J. Covey (Swift River) WMA
Leyden WMA
Ludlow WMA
Montague Plains WMA
Orange WMA
Pauchaug Brook WMA
Poland Brook WMA
Northeast Wildlife District:
Ashby WMA
Charles River WMA (Area C)
Crane Pond WMA
Harold Parker WMA
Martin H. Burns WMA
Squannacook River WMA
Southeast Wildlife District:
Erwin S. Wilder Section of
Hockomock WMA
Fall River/Freetown WMA
Frances A. Crane WMA
Marconi WMA
Myles Standish WMA
Western Wildlife District:
Eugene D. Moran WMA
Hinsdale Flats WMA
Hop Brook WMA
Housatonic Valley WMA
Knightville Dam WMA
Stafford Hill WMA
(o) The night hunting of raccoon and opossum by means of a pistol or
revolver not larger than .38 caliber, or by means of a rifle chambered
to take ammunition not larger than .22 caliber long rifle shall be permitted
on the following wildlife management areas between « hour after
sunset and « hour before sunrise in accordance with the prescribed
seasons, bag limits, and other provisions of 321 CMR 3.02(5). During this
night hunting period, the wearing of a "hunter orange" cap or
hat is not mandatory.
1. Central Wildlife District:
Breakneck Brook Wildlife Management Area (WMA)
Fish Brook WMA
Lawrence Brook WMA
Leadmine WMA
McKinstry Brook WMA
Merrill Pond WMA
Moose Brook WMA
Muddy Brook WMA
Oakham WMA
Poutwater WMA
Prince River WMA
Quisset WMA
Raccoon Hill WMA
Savage Hill WMA
Ware River WMA]
Wolf Swamp WMA
Connecticut Valley Wildlife District:
Catamount WMA
East Mountain WMA
Facing Rock WMA
Lake Warner WMA
Leadmine WMA
Millers River WMA (Wendell)
Montague WMA
Mt. Toby WMA
Palmer WMA
Satan's Kingdom WMA
Wales WMA
Warwick WMA
Wendell WMA
Westfield WMA
Whately WMA
Williamsburg WMA
Northeast Wildlife District:
Hunting Hills WMA
Mulpus Brook WMA
Nissitissit River WMA
Pantry Brook WMA
William Forward WMA
Southeast Wildlife District:
Acushnet WMA
Copicut WMA
Dartmoor Farms WMA
Haskell Swamp WMA
Hockomock Swamp WMA
(exclusive of Erwin S. Wilder Section)
Hyannis Ponds WMA
Noquochoke WMA
Peterson Swamp WMA
Rocky Gutter WMA
West Meadows WMA
Western Wildlife District:
Becket WMA
Chalet WMA
Cummington WMA
Dolomite Ledges WMA
Fairfield Brook WMA
Farmington River WMA
Fisk Meadows WMA
Fox Den WMA
Green River WMA
Hancock WMA
Hiram H. Fox WMA
John J. Kelly WMA
Jug End State Reservation and WMA
Maple Hill WMA
Mica Mill Brook WMA
Mount Plantain WMA
Mount Tekoa WMA
Peru WMA
Powell Brook WMA
Savoy WMA
Taconic Ridge WMA
Three Mile Pond WMA
Walnut Hill WMA
2. Night hunting of raccoon and opossum under special conditions shall
also be permitted on all other wildlife management areas, except on
Delaney (Harvard, Bolton, and Stow) and Flint Pond (Tyngsborough) Wildlife
Management Areas. During the period from the first Friday after Columbus
Day through the Saturday following Thanksgiving, night hunting of raccoon
and opossum shall be permitted on these areas only between the hours
of 9:00 P.M. to 3:00 A.M., subject to the limitations pertaining to
firearms in 321 CMR 3.01(1)(o). During this night hunting period, the
wearing of a "hunter orange" color cap or hat is not mandatory.
(p) No person shall hunt during the pheasant or quail seasons on any
wildlife management area where pheasant or quail are stocked without wearing
a "hunter orange" color cap or hat, except for the hunting of
raccoon or opossum in accordance with 321 CMR 3.01(1)(o) and except for
persons hunting waterfowl from within a blind or a boat. For the purposes
of 321 CMR 3.01(1)(p), "hunter orange" color shall be that color
defined in 321 CMR 3.01(2).
(q) No person, except with the written permission of the Director or his
authorized agent, shall, within any wildlife management area, dig, excavate,
remove or disturb, or cause to be dug, excavated, removed or disturbed,
any archaeological or paleontological artifacts, remains, ruins, sites,
fossils, or other objects of unusual historical or prehistorical antiquity.
(r) The Director is authorized to declare special regulations as deemed
necessary by him for the purpose of dealing with situations or conditions
peculiar to specific wildlife management areas. Those special regulations
appearing in 321 CMR 3.03 shall be construed to be part of 321 CMR 3.01(1)(r).
Regulatory Authority: M.G.L. c. 131, § 6.
Last Revised: 9-28-01
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3.01(2) Requirements Defining Hunter
Orange
Hunter orange color is a daylight fluorescent orange color
with a dominant wave length between 595 and 605 nanometers, excitation
purity not less than 85 percent and luminance factor of not less than
40 percent.
Regulatory Authority: M.G.L. c. 131, § 71.
Last Revised: 11-1-69
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3.01(3) Hunting with Bows and Arrows
(a) No person shall use or have in his possession or under his control
while hunting any poisoned arrow or arrow with explosive tips.
(b) No person shall use or have in his possession or under his control
while hunting any arrow gun or any firearm or other device which projects
or propels an arrow, dart or bolt by gunpowder, compressed air, or by
any other means except by the flexing and release of a bow string.
(c) No person shall use or have in his possession or under his control
while hunting any bow drawn or held by mechanical means, except as provided
in 321 CMR 3.01(3). Hand-held, hand-operated bow string releases are permitted.
(d) A crossbow may be used for hunting by a person who is permanently
disabled such that the person cannot operate a conventional bow and arrow,
as certified by a licensed physician. Any costs associated with obtaining
the medical documentation, re-evaluation of the information or a second
medical opinion are the responsibility of the applicant. A person who
wishes to use a crossbow for hunting in accordance with 321 CMR 3.01(3)(d)
shall obtain a permit to do so from the director of the division of fisheries
and wildlife, and such permit shall be valid for life. Nothing in 321
CMR 3.01(3) shall be construed to permit the use of a crossbow by any
other person, except on a skeet, trap, or target range.
(e) Arrows used for hunting deer, bear or wild turkey shall have well-sharpened
steel broadhead blades not less than 7/8 of an inch in width.
(f) No person shall hunt deer, bear or wild turkey with a bow having a
pull of less than 40 lbs. at 28" draw provided that compound bows
and recurved bows shall have a minimum pull of 40 lbs. at peak draw.
(g) No person while hunting shall release an arrow from a bow upon or
within 150 feet of any State or hard surfaced highway or within 500 feet
of any dwelling in use, except as authorized by the owner or occupant
thereof.
(h) Any person found guilty of any violation of the above rules and regulations
shall be punished as provided in M.G.L. c. 131, § 90.
Regulatory Authority: M.G.L. c. 131, § 69.
Last Revised: 8-15-03
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3.02(1) Hunting of Bear
In accordance with the authority vested in M.G.L. c. 131, § 5, an
annual open season for the hunting of black bear in Massachusetts is established,
subject to the following rules and regulations:
(a) Definitions: For the purposes of 321 CMR 3.02(1) and unless
the context requires otherwise, the following words and phrases shall
have the following meanings:
Bait means any natural or artificial substance, including but
not restricted to, shucked or unshucked corn or other grains, apples
or other fruits or vegetables, honey, molasses, anise or other spices,
pastries or other breadstuffs, meat or fish products, or any other substances
or products which may be fed upon, ingested by, or which otherwise constitute
a nutritive attraction or enticement to bear.
Baited area means any area where baiting has taken place and
such area shall remain a baited area for the period from ten days prior
to the opening of the September portion of the bear season as provided
in 321 CMR 3.02(1)(b) to 12:00 P.M. on the day following the close of
the November portion of the bear season as provided in 321 CMR 3.02(1)(b),
all days inclusive.
Baiting means the placement, exposing, depositing, distributing,
or scattering of any bait or other substance so as to constitute for
bears a lure or attraction to areas where hunters are attempting to
take them.
Bow and Arrow means a bow and arrows of the type and design specified
for the hunting of deer, bear, and wild turkey pursuant to 321 CMR 3.01(3).
Director means the director of the Division of Fisheries and
Wildlife, as specified in M.G.L. c. 21, § 7F through 7G, or his
agent.
Zone or Zones means the Massachusetts wildlife management
zones as described in 321 CMR 3.02(4)(o).
(b) Open Season: The open season shall be in three periods as
follows:
1. Beginning the first Tuesday after Labor Day and ending on the third
Saturday thereafter; and
2. Beginning the first Monday in November and ending the third Saturday
thereafter.
(c) Hunting Hours: A person shall not hunt black bear on any day
during the open season except during the period between « hour before
sunrise and « hour after sunset, except on wildlife management areas
as provided in 321 CMR 3.01(1)(n) where the hunting hours shall be from
sunrise to sunset.
(d) Zone: Black bears may be hunted in wildlife management zones
01 through 09 only.
(e) Bag Limit: A person shall not kill more than one black bear
in any calendar year.
(f) Permit: A person shall not hunt, kill, or possess a black bear
unless he possesses on his person a permit from the Director so to do.
A person killing a black bear shall immediately, before transporting or
removing the carcass in any manner from where it was killed, complete
and attach to the carcass in a conspicuous manner that portion of the
permit, hunting license, or equivalent document, designated "bear
tag". Said bear tag shall remain attached to the bear until the bear
is presented to a duly authorized person or checking station. At this
time, both the bear tag and the remainder of the permit shall be surrendered
upon request to the official agent in charge thereof. No person shall
possess a detached bear tag except as affixed to a bear as described in
321 CMR 3.02(1)(f). Tags detached except as provided herein shall be void
and shall be surrendered to any officer empowered to enforce M.G.L. c.
131 and 321 CMR.
(g) Transportation: A person shall not have in his possession or
under his control in any motor vehicle or otherwise transport the carcass
of a bear unless such carcass is open to view, provided that after the
bear is tagged with an official seal in accordance with 321 CMR 3.02(1)(h)
below, the bear may be concealed.
(h) Checking Station: Within 48 hours after killing a black bear,
the entire carcass shall be presented by the person killing same to a
duly authorized person or bear checking station designated by the Director
for the purpose of being recorded and examined for research purposes and
having affixed thereto an official seal in such manner as prescribed by
the Director. For the purpose of 321 CMR 3.02(1)(h), jurisdiction for
violations of the prescribed procedure shall be that jurisdiction where
said carcass was possessed after the expiration of 48 hours from the time
said black bear was killed. The official seal shall remain affixed to
the black bear until the animal is skinned, cut up, or otherwise prepared
for food purposes or for mounting by a taxidermist. Seals shall be non-transferable
and shall be valid only for the bear or carcass to which applied by a
designated Division of Fisheries and Wildlife representative.
( i) Hunting Implements:
1. During that period of the open season beginning the first Tuesday
after Labor Day in September and ending on the third Saturday thereafter,
a person may hunt black bear only by means of: a bow and arrow; or a
rifle .23 caliber or larger; or a muzzle-loading firearm, fired from
the shoulder and not less than .44 caliber nor greater than .775 caliber;
or a revolver chambered to take .357 Magnum cartridges, using only .357
Magnum cartridges, or a revolver chambered .40 caliber or larger.
2. During that period of the open season beginning the first Monday
in November and ending the third Saturday thereafter, a person may hunt
black bear only by means of a bow and arrow; or a rifle .23 caliber
or larger; or a muzzle-loading firearm, fired from the shoulder and
not less than .44 caliber nor greater than .775 caliber.
(j) Prohibited:
1. to make, set or use any trap or other device for the purpose of
ensnaring, trapping, taking, injuring, or killing a black bear;
2. to hunt or attempt to hunt black bear by baiting;
3. to hunt or pursue or attempt to hunt or pursue black bear with dogs,
except as provided in 321 CMR 2.02;
4. to use or possess while black bear hunting or while accompanying
a black bear hunter during any period of the open season as described
in 321 CMR 3.02(1)(b), any radio-telemetry transmitter or receiver,
including directional antennas, or any other electronic device designed
or intended or adapted for the emitting of an electronic signal. Transmitters,
receivers, or antennas carried by or under the control of a person hunting
black bear shall be prima facie evidence of a violation of 321 CMR 3.02(1)(j).
No person shall, except under permit from the Director pursuant to M.G.L.
c. 131, §§ 4 or 23, at any time possess alive any bear, or
use at any time any radio- telemetry transmitter, receiver, or similar
device with the intent to locate any bear. Nothing in 321 CMR 3.02(1)(j)
shall be construed to prohibit the use of possession of citizen's band
radios or cellular telephones used for verbal communication with other
persons.
Regulatory Authority: M.G.L. c. 131, § 5.
Last Revised: 10-21-05
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3.02(2) Migratory Game Bird Regulations.
In accordance with the authority found in M.G.L. c. 131, §§
5 and 63, and subject to 321 CMR 3.02(2), the annual open seasons for
the hunting and possession of certain migratory game birds are hereby
adopted.
(a) Definitions: For the purposes of 321 CMR 3.02(2), the following
words or phrases shall have the following meanings:
American coot or coot means the American coot (Fulica americana).
Berkshire Zone means that portion of Massachusetts west of a
boundary line running south from the Vermont border along Route I-91
to Route 9, west on Rte. 9 to Rte. 10, south on Rte. 10 to Rte. 202,
and south on Rte. 202 to the Connecticut border.
Central Zone means that portion of Massachusetts lying between
the Berkshire Zone and the Coastal Zone.
Coastal Zone means that portion of Massachusetts east and south
of a boundary line running south from the New Hampshire border along
Route I-95 south to Rte. 1, to Rte. I-93, south along I-93 to Rte. 3,
south on Rte. 3 to Rte. 6, west on Rte. 6 to Rte. 28, west on Rte. 28
to Rte. I-195, and west on Rte. I-195 to the Rhode Island border, provided
that the waters and lands 150 yards above the high water mark of the
Assonet River from the mouth of said Assonet River to the Route 24 bridge
and 150 yards above the high water mark of the Taunton River from the
mouth of said Taunton River to the Center Street-Elm Street bridge shall
be in the Coastal Zone.
Director means the Director of the Division of Fisheries and
Wildlife or his authorized agent.
Gender means, unless the context requires otherwise, that words
importing the masculine gender shall include the feminine and neuter.
Migratory Game Birds means those migratory birds included in
the terms of conventions between the United States and any foreign country
for the protection of migratory birds, for which open seasons are prescribed
in 321 CMR 3.02(2) and belong to the following families:
1. Anatidae (ducks, mergansers, geese, and brant);
2. Rallidae (rails and American coot);
3. Scolopacidae (snipe and woodcock).
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.
Primitive firearm 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 the barrel of a primitive firearm.
Sea Ducks means scoter, eider, and long-tailed (oldsquaw) ducks.
Waterfowl means migratory game birds of the family Anatidae (ducks,
mergansers, geese and brant).
(b) Open Seasons. The dates of the open seasons for the various
species herein mentioned, the daily bag limits, possession limits, and
related matters are shown in Table
1.
A. The bag may contain no more than: four scoter (eight in possession);
four oldsquaw (eight in possession); four eider, only one of which may
be a female (eight in possession, including no more than two females);
four mallards, only two of which may be a female (eight in possession,
including no more than four females); two scaup (four in possession);
two redheads (four in possession); two wood ducks (four in possession);
one pintail (two in possession); one black duck (two in possession);
one canvasback (two in possession); one mottled duck (two in possession);
one fulvous whistling duck (two in possession). All other ducks (sea
ducks, see Note D), no more than four of any one species in the
daily bag (eight in possession). SEASON CLOSED on harlequin ducks.
B. Daily bag of mergansers may not include more than two hooded mergansers
(no more than four hooded mergansers in possession).
C. Special Canada Goose seasons. Season #1: during the period from September
5 through 25, 2006, there shall be a special open season statewide for
the hunting of Canada geese. Season #2: during the period from January
15 through February 14, 2007, there shall be a special open season for
the hunting of Canada geese, which shall be restricted to the Central
Zone. Season #3: during the period from January 18 through February
15, 2007, there shall be a special open season for the hunting of Canada
geese, which shall be restricted to that portion of the Coastal Zone
north of a line running from the Cape Cod Canal to the Atlantic Ocean.
During all three special seasons, the bag limit shall be five geese
(possession 10).
D. Scoter, eider, and long-tailed (oldsquaw) ducks during the open period
other than the open season for other ducks, shall be hunted only in
coastal waters and waters of rivers and streams seaward from the first
upstream bridge. Sea ducks when taken in areas other than coastal waters
and waters of rivers and streams seaward of the first upstream bridge
shall become part of the regular daily duck bag.
E. On October 7 and 9, 2006, there shall be a youth waterfowl hunt in
all counties of the state for minors aged 12-15 years of age only. During
this youth waterfowl hunt, such minors may hunt ducks, geese, mergansers,
and coot during the period from one-half hour before sunrise to sunset,
with a bag limit of 6, possession 12, singly or in the aggregate, subject
to the species restrictions in 321 CMR 3.02(2), Table 1A. and 1B. All
such minors must be accompanied by an adult licensed to hunt in Massachusetts
and who possesses a Massachusetts waterfowl stamp. No adult may be accompanied
by more than one minor, and no more than one firearm may be carried.
The licensed adult may not hunt, but may carry the minor's firearm when
unloaded and cased. During this youth waterfowl hunt, minors aged 12-14
years shall not be required to possess a hunting or sporting license
and a Massachusetts and Federal waterfowl stamp. Minors aged 15 years
shall possess a Massachusetts hunting or sporting license and a Massachusetts
waterfowl stamp, but need not possess a Federal waterfowl stamp. All
minors shall otherwise conform to all provisions of M.G.L. c. 131 and
321 CMR 3.02(2) not excepted or specified in 321 CMR 3.02(2)(b), Table
1E.
(c) Hunting Hours. The hunting hours for migratory game birds
shall be from ½ hour before sunrise to sunset, except as provided
in 321 CMR 3.01(1)(n).
(d) Falconry. Notwithstanding the dates of the open seasons and
the bag and possession limits as prescribed in 321 CMR 3.02(2)(b) and
Table 1 thereof, ducks and coots may be hunted or taken with falcons by
licensed falconers from October 5 to February 6. The bag limits for such
falconry hunting shall be three birds daily or six in possession, singly
or in the aggregate, subject to the limitations prescribed in 321 CMR
3.02(2)(b), Table 1, footnotes A through E. Hunting with falconry on Sundays
is prohibited.
(e) Restrictions.
1. Migratory game birds shall not be hunted by the aid of salt, bait,
grain of any kind, or other feed or means similarly used to lure, attract,
or entice such birds to, on, or over the area where hunters are hunting
or attempting to hunt or take them.
2. Migratory game birds mentioned in 321 CMR 3.02(2) may be hunted only
with bow and arrow or with a shotgun not larger than No. 10 gauge, fired
from the shoulder, or by falconry. Automatic loading or hand-operated
repeating shotguns capable of holding more than three shells, the magazine
of which has not been cut off or plugged with a one-piece metal, plastic
or wooden filler incapable of removal without disassembling the gun
so as to reduce the capacity of the said gun to not more than three
shells at one time in the magazine and chamber combined, shall not be
used in the hunting of migratory game birds.
3. A person shall not hunt migratory game birds by means or aid of any
motor-driven land, water or air conveyance or any sailboat used for
the purpose of or resulting in the concentrating, driving, rallying
or stirring up of such birds either for himself or for others.
4. A person shall not hunt migratory game birds from or by means of
a sinkbox (battery), live duck or live goose decoys or domesticated
fowl or any kind.
5. A person shall not kill or cripple any migratory game bird pursuant
to 321 CMR 3.02(2) without making a reasonable effort to retrieve the
bird and include it in his daily bag.
6. A person shall not hunt migratory game birds by the use or aid of
recorded or electrically amplified bird calls or sounds, or recorded
or electrically amplified imitations of bird calls or sounds.
7. All counties of Massachusetts have been designated as non-toxic shot
areas. Within these counties, no person hunting waterfowl or coot by
means of a shotgun (including a primitive firearm) shall use or have
in his possession while hunting waterfowl or coot, any shotgun shell
or shells or any primitive firearm loaded with shot other than non-toxic
shot.
8. A person shall not hunt, take or possess waterfowl within Massachusetts
or its coastal waters unless he possesses on his person a current valid
Massachusetts waterfowl stamp, if aged 15 years or older, and, in addition,
a current valid federal Migratory Bird Hunting and Conservation Stamp,
if aged 16 years or older, except as provided in 321 CMR 3.02(2), Table
1E. Said stamps shall be signed across the face in ink by the bearer
thereof and shall not be transferable. The display of such stamps shall
be as provided in 321 CMR 2.11(4).
(f) Loaded shotguns in motor boats. A person may have in his possession
or under his control in a motor boat a loaded shotgun while such boat
is beached, resting at anchor or fastened within or tied immediately alongside
of any type of fixed hunting blind.
(g) Retrieval of dead or crippled birds. A hunter may pick up or
retrieve dead or crippled migratory game birds from a craft under power,
but shall not shoot any birds from such craft except that wounded or crippled
waterfowl or coot may be shot from a powered craft in coastal waters and
in waters of rivers and streams seaward of the first upstream bridge.
(h) Harvest information program. Effective January 1, 1998, no
person shall hunt migratory game birds unless such person has obtained
a Migratory Game Bird Harvest Information Program (H.I.P.) number as provided
for by the U.S. Fish and Wildlife Service pursuant to the Code of Federal
Regulations and has inscribed such H.I.P. number on his hunting or sporting
license in such a manner as provided for by the Director.
(i) Wampanoag Tribe of Gay Head (Aquinnah). The Wampanoag Tribe
of Gay Head (Aquinnah), a federally recognized tribe, may set migratory
game bird seasons on Settlement Lands, after consultation with the U.S.
Fish and Wildlife Service pursuant to 50 CFR 20.110.
Regulatory authority: M.G.L. c. 131, § 5.
Last Revised: 11-03-06
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3.02(3) Hunting of Bobcat, Foxes and Coyotes
In accordance with the authority vested in me by M.G.L. c. 131, §
5, as amended by St. 1967, c. 802, the annual open seasons for the hunting
of fox, coyote, and bobcat are hereby adopted, subject to the following:
(a) Definitions. For the purposes of 321 CMR 3.02(3), the following
words or phrases shall have the following meanings:
Bobcat means the bobcat or wildcat (Felis [Lynx] rufus)
but not the lynx or Canada lynx (Felis [Lynx] canadensis).
Division means the Massachusetts Division of Fisheries and Wildlife,
251 Causeway Street, Boston, MA 02114.
Fox means the red fox (Vulpes vulpes) and the gray fox
(Urocyon cinereoargenteus).
Green pelt means a pelt which has not been dried, cured, or tanned.
Raw pelt or raw fur means a green pelt which has been dried,
fleshed, or cured.
State means the several states, territories, and possessions
of the United States of America, and any foreign nation and any political
subdivision, possession, or occupied area thereof.
Zone or Zones means the Massachusetts wildlife management
zones as described in 321 CMR 3.02(4)(o).
(b) Open Season and Zone.
1. The dates of the open seasons shall be as follows: for bobcat, beginning
December 20 and ending the following March 8, all dates inclusive; and
for foxes and coyotes, beginning November 1 and ending the following
last day of February, all dates inclusive, except that a person shall
not hunt or take a fox or coyote except by means of a trap during the
shotgun deer season as provided for in 321 CMR 3.02(4)(b)3.
2. Fox and coyote may be hunted throughout Massachusetts.
3. Bobcat may be hunted only in Zones 01 through 08.
(c) Hunting Hours. The hunting hours during each calendar day of
the open season shall begin at ½ hour before sunrise and,
1. for bobcat shall end at ½ hour after sunset, except on wildlife
management areas as provided for in 321 CMR 3.01(1)(n), and,
2. for fox and coyote shall end at midnight, except on wildlife management
areas as provided for in 321 CMR 3.01(1)(n).
(d) Restrictions.
1. In addition to the provisions of 321 CMR 3.02(3)(b) and (c), the
pelts of all fox, coyote, and bobcat taken shall not be sold, exchanged,
bartered, retained by the hunter, or otherwise disposed of until the
pelts have first been brought to a designated representative of the
Division and sealed with an official seal by said representative. Seals
shall be non-transferable and shall be valid only for the pelt or animal
to which applied by said representative. Seals shall remain attached
to the pelt until the pelt is dressed or tanned, or prepared for mounting
by a taxidermist. The pelts of fox and coyote shall be sealed no later
than four working days after the closing day of the open season for
that species. The pelts of bobcat shall be sealed no later than four
working days after the date the bobcat was taken. Working days are defined
as the days Monday through Friday inclusive, except legal state holidays
as defined in M.G.L. c. 4, § 7(18).
2. No raw bobcat, fox, or coyote pelt, regardless of state of origin,
shall be sold, exchanged, bartered, or offered for sale within the Commonwealth
unless said pelt bears an official tag, seal, or stamp issued or applied
by the state within which said bobcat, fox, or coyote was taken, or
by another governmental jurisdiction empowered to tag, seal, or stamp
such pelts. Such tag, seal, or stamp shall be identifiable as to the
issuing jurisdiction. No person shall alter, tamper with, or reapply
any such tag, seal, or stamp, nor possess any altered, tampered, or
reapplied tag, seal, or stamp (except if such tag, seal, or stamp is
destroyed to such a degree than it cannot be reapplied), or any pelt
bearing the same.
3. Bobcat shall not be hunted or pursued with the aid of a dog.
(e) Harvest Quota. Notwithstanding the provisions of 321 CMR 3.02(3)(b)
and 3.02(5)(b)6., after 50 bobcats have been taken either through hunting
or trapping or a combination thereof, the Director shall close the hunting
or trapping season, or both, as the case may be, for the remainder of
the annual open season.
(f) Limitations. Nothing in 321 CMR 3.02(3) shall be deemed to
limit any other provision of M.G.L. c. 131 or any rule or regulation issued
under authority thereof.
(g) Savings Clause. If any part, section, subsection, division,
or subdivision of 321 CMR 3.02(3) or the application thereof is held invalid,
unconstitutional, or inoperative as to any particular person, persons,
or conditions, the remainder thereof or the application of any such part,
section, subsection, division, or subdivision shall not be affected thereby.
Regulatory authority: M.G.L. c. 131, § 5.
Last Revised: 12-31-04
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3.02(4) Hunting and Tagging of Deer
In accordance with the authority vested in me by M.G.L. c. 131, §§
5 and 72, I hereby declare an open season for the hunting of deer in Massachusetts,
subject to the following rules and regulations:
(a) Definitions: For the purposes of 321 CMR 3.02(4) and unless
the context requires otherwise, the following words or phrases shall have
the following meanings:
Antlerless deer means a deer without antlers, or with antlers
the longer of which is less than three inches in length measured on
a straight line from the center of the anterior base of the antler burr
to the antler tip.
Bait means any natural or artificial substance, including but
not restricted to, shucked or unshucked corn, wheat or other grains,
hay, silage, apples or other fruits or vegetables, and salt or other
chemical compounds of a like nature which may be fed upon, ingested
by or which otherwise constitute a nutritive attraction or enticement
to deer.
Baited area means any area where baiting has taken place and
such area shall remain a baited area for the period from ten days prior
to the opening of the exclusive archery season as provided in 321 CMR
3.02(4)(b)2. to 12:00 P.M. on the day following the close of the exclusive
primitive firearms season as provided in 321 CMR 3.02(4)(b)4., all dates
inclusive.
Baiting means the deliberate placing, depositing, distributing,
or scattering of bait so as to constitute for deer a lure, attraction,
or enticement to or on any area where hunters are attempting to take
them.
Barrel Length means that portion of a firearm through which
shot is driven, guided, or stabilized.
Bow and Arrow means a bow and arrows of the type and design
specified for the hunting of deer, bear, and wild turkey pursuant to
321 CMR 3.01(3).
Caplock means only a type of gunlock that ignites the charge
by means of a spark produced by a spring-actuated external cock or hammer
directly striking a percussion cap which is placed over an external
nipple which transmits the flame of the percussion cap to the powder.
Decoy means an artificial or natural replica or silhouette of
a deer, including taxidermy mounts and preparations of a like nature
as well as live deer held under restraint.
Director means the Director of the Division of Fisheries and
Wildlife or his agent, with primary offices at 251 Causeway Street,
Boston, Massachusetts 02114.
Flintlock means only a type of gunlock that ignites the charge
by means of a spark produced by a spring-actuated cock or hammer striking
a piece of flint against a vertical, pivoted striking plate.
Grunt Tube means a breath-powered, mouth-operated, non- electronic
calling device which mimics deer vocalizations, the purpose of which
is to attract deer pursuant to the lawful hunting thereof.
Lead Projectile means a round ball, Minie or Maxi bullet, or
other spherical or conical projectile composed of lead, lead-antimony,
or similar alloys. Notwithstanding the foregoing, saboted projectiles
are lawful, regardless of the composition of the sabots.
Loaded from the Muzzle or Muzzle-loading means, with respect
to a primitive firearm, that all the powder, any wadding, and the projectile
are placed in the muzzle and forced to the other end of the barrel with
the aid of a ramrod.
Loaded Primitive Firearm means a primitive firearm which contains
a ball or shot in the muzzle and which, in the case of a flintlock,
contains powder in the flash pan, and, in the case of a caplock, has
a percussion cap on the nipple.
Permanent Tree Stand means that type of hunting platform or
structure (emplaced for any period of time) which is fastened to a tree
by nails, bolts, wire, or other fasteners which intrude through the
bark into the wood of the tree, or, which is fastened or erected in
any manner and is emplaced for a period exceeding 30 days.
Primitive Firearm means a flintlock or caplock firearm, either
rifled or smoothbore, fired from the shoulder and loaded from the muzzle,
and which lacks a break-open breech and has limited range and firepower.
Quabbin Reservoir Area means those parcels of land defined as
the Quabbin Reservoir Area pursuant to St. 1972, c. 737, § 1.
Scent means an odoriferous substance, natural or artificial,
which replicates or mimics the natural odor or bodily secretions of
deer or other wild animals, the purpose of which is to attract deer
pursuant to the hunting thereof or to mask the body odor or scent of
humans hunting deer.
Shotgun Deer Season means that portion of the open season prescribed
in 321 CMR 3.02(4)(b)3.
Unloaded Primitive Firearm means a primitive firearm which lacks
one or more of the components of a loaded primitive firearm.
Zone or Zones means the Massachusetts wildlife management zones
as described in 321 CMR 3.02(4)(o).
(b) Open Season. The open season shall be in four periods as
follows:
1. Beginning the last Monday in October and ending the following Saturday,
any three days of which may be selected by the Director, there shall
be a special season for paraplegics exclusively, who may hunt deer by
means of a shotgun not larger than ten gauge, including shotguns with
a rifled bore, by means of a muzzle-loading firearm, fired from the
shoulder, .44 to .775 caliber, or by means of a bow and arrow. Such
hunting shall be limited to those specified areas designated by the
Director. During this special season, nothing shall prevent the otherwise
lawful hunting of birds and mammals in accordance with established statutes
and regulations.
2. a. Beginning on the third Monday prior to the first Monday in November
and ending the sixth Saturday thereafter, all days inclusive, except
on the tribal lands of the Wampanoag Tribe of Gay Head (Aquinnah) in
the Town of Aquinnah in Dukes County, there shall be a special season
for archers exclusively and during this period deer may be hunted only
by means of a bow and arrow.
b. Beginning on the third Monday prior to the first Monday in November
and ending on the last day of the primitive firearms season as specified
in 321 CMR 3.02(4)(b)4., all days inclusive, and only on the tribal
lands of the Wampanoag Tribe of Gay Head (Aquinnah) in the Town of Aquinnah
in Dukes County, there shall be a special season for archers. During
this period, deer may be hunted only by means of a bow and arrow, provided
that during the shotgun deer season for Zone 13 as provided for in 321
CMR 3.02(4)(b)3., and during the primitive firearms season as provided
for in 321 CMR 3.02(4)(b)4., deer may also be hunted with such firearms
as are specified for those seasons.
3. Beginning the first Monday after Thanksgiving and ending the second
Saturday thereafter, all days inclusive except Sunday, deer may be hunted
throughout Massachusetts except in zone 12 as described in 321 CMR 3.02(4)(o),
by means of a shotgun not larger than ten gauge, including shotguns
with a rifled bore, by means of a muzzle-loading firearm, fired from
the shoulder, .44 to .775 caliber, or by means of a bow and arrow. Beginning
the first Monday after Thanksgiving and ending the following Saturday,
all days inclusive, deer may be hunted in zone 12 as described in 321
CMR 3.02(4)(o), by means of a shotgun not larger than ten gauge, including
shotguns with a rifled bore, by means of a muzzle-loading firearm, fired
from the shoulder, .44 to .775 caliber, or by means of a bow and arrow.
4. The primitive firearms period of the open season is intended to provide
an opportunity to hunt deer in a manner similar to the way our forefathers
hunted in the mid-1800's. The primary consideration is to limit the
weapons to a type similar to those in common use during that period
of history. Basically, that means a single-shot, muzzle-loading firearm
with no break-open breech and limited range and firepower. Secondarily,
the hunter participating in this season should have a relative degree
of solitude significantly different from the hunting pressure which
is characteristic of the shotgun deer season.
Beginning the third Monday after Thanksgiving and ending on December
31, all days inclusive, deer may be hunted only by means of a primitive
firearm using a single lead projectile, or by means of a bow and arrow.
Black powder (or synthetic substances such as "pyrodex" which
are approved for competitive muzzle-loading meets by the National Muzzle
Loading Rifle Association) is the only powder to be used during this
season. Primitive firearms may have smooth or rifled bores and shall
not contain more than one usable barrel. In the case of primitive firearms
with double bore barrels, one barrel shall be made inoperative by removal
of the nipple and hammer. The caliber of a primitive firearm shall be
not less than .44 nor more than .775 and only those primitive firearms
having a barrel length of 18 inches or longer shall be permitted. A
person shall not, except during the paraplegic and shotgun deer seasons,
have in his or her possession a shotgun shell loaded with a rifled slug,
single ball, buckshot of any size, BB shot or air rifle shot in any
place where birds or mammals might be found, except on a skeet, trap
or target range between sunrise and sunset, and except for the hunting
of waterfowl as provided in 321 CMR 2.03. During the primitive firearm
season, nothing in 321 CMR 3.02(4) shall prevent the otherwise lawful
hunting of birds and mammals in accordance with established statutes
and regulations.
(c) A person shall not hunt a deer during any period of the season except
between ½ hour before sunrise and ½ hour after sunset Eastern Standard
Time.
(d) Bag Limit:
1. In all zones of Massachusetts a person shall not kill or possess
more than two antlered deer.
2. In all zones of Massachusetts, a person's bag limit of antlerless
deer shall be determined by the number of valid antlerless deer permits
and attached deer tags that are possessed by such person. Such antlerless
deer shall be in addition to the bag limit of antlered deer specified
in 321 CMR 3.02(4)(d)1.
3. In the Quabbin Reservoir Area, a person shall not kill nor possess
more than two deer during a calendar year. Both such deer may be antlerless
deer, provided that such person has valid antlerless deer permit(s)
for the Quabbin Reservoir Area. Such antlerless deer shall be in addition
to the bag limit otherwise specified in 321 CMR 3.02(4)(d)2.
4. For the purposes of 321 CMR 3.02(4)(d), antlerless deer may be killed
or possessed only in accordance with provisions of 321 CMR 3.02(4)(e).
(e) Antlerless Deer Permit. A person shall not hunt, kill, or
possess an antlerless deer in any county, area, or zone unless he or she
possesses on his or her person a valid permit from the Director to do
so. However, nothing in 321 CMR 3.02(4)(e) shall prevent a person from
killing one antlerless deer during the exclusive season for paraplegics,
when so authorized by the Director. Except as provided in 321 CMR 3.02(4)(d),
no person shall kill or possess more than one antlerless deer in a calendar
year.
(f) A person shall not make, set, or use any bait, decoy, torchlight or
spotlight, trap, or other like device for the purpose of attracting, ensnaring,
taking, injuring, or killing a deer, nor hunt by baiting or within any
baited area, nor hunt, drive, worry, or disturb any deer with or by the
aid of any noise-making device, provided that nothing in 321 CMR 3.02(4)(f)
shall be deemed to prohibit the use of scents or of deer antlers or replicas
thereof or of grunt tubes as callers or attractants by persons otherwise
lawfully hunting deer.
(g) No person, except on land owned or leased by him or her or except
with the express written permission of the landowner or his or her authorized
agent, shall construct, maintain, occupy, or use a permanent tree stand.
(h) A person killing a deer shall immediately, before transporting or
removing the carcass in any manner from where it was killed, complete
and attach to the carcass in a conspicuous manner the deer tag supplied
with the person's hunting or sporting license or a legally authorized
deer permit. The deer tag when affixed to the deer shall be detached from
the license or permit. Said deer tag shall remain attached to the deer
until the deer is presented to a duly authorized person or deer checking
station, at which time said deer tag shall be surrendered upon request
to the official agent in charge thereof. A person shall not possess more
than two deer tagged with a deer tag as provided in 321 CMR 3.02(4)(h).
The provisions of 321 CMR 3.02(4)(h) relative to tagging requirements
shall not apply to a person lawfully hunting without a license.
(i) A person shall not have in his or her possession or under his or her
control in any motor vehicle or transport the carcass of a deer unless
said carcass or part thereof is open to view, provided that after the
deer is tagged with an official seal as provided in 321 CMR 3.02(4)(j),
the deer may be concealed.
(j) Within 48 hours after killing a deer, the entire carcass shall be
presented by the person killing same to a duly authorized person or checking
station designated by the Director for the purpose of being recorded and
examined for research purposes and having affixed thereto an official
Division seal in such a manner as prescribed by the Director, provided
that the following additional requirements shall apply to Dukes and Nantucket
counties:
1. any deer taken in Nantucket county shall be checked only on Nantucket
island and only at such checking station or by such person as shall
be designated by the Director;
2. any deer taken in Dukes county (exclusive of the Town of Gosnold)
shall be checked only on Martha's Vineyard island and only at such checking
station or by such person as shall be designated by the Director;
3. any deer taken on Cuttyhunk island in the Town of Gosnold shall be
checked only on Cuttyhunk island and only at such checking station or
by such person as shall be designated by the Director;
4. any deer taken in the Town of Gosnold (exclusive of the island of
Cuttyhunk) shall be checked at such checking station or by such person
as shall be designated by the Director; and for the purpose of 321 CMR
3.02(4)(j), jurisdiction for violations of the prescribed procedure
shall be that jurisdiction where said carcass was possessed after the
expiration of 48 hours from the time said deer was killed. The official
Division seal shall remain affixed to the deer until the animal is cut
up or otherwise prepared for food purposes or for tanning or mounting
by a taxidermist. Seals shall be non-transferable and shall be valid
only for the animal or carcass to which applied by a designated Division
of Fisheries and Wildlife representative.
(k) A person killing an antlerless deer by authority of a valid permit
issued by the Director shall surrender said valid permit upon request
at the time the deer is checked by a duly authorized person or deer checking
station designated by the Director.
(l) During the shotgun deer season a person shall not hunt any bird or
mammal or enter the fields or woodlands of the state with any firearm,
ammunition, bow and arrow, or other device intended or adapted for the
taking of birds and mammals, except for the hunting of deer or for the
hunting of migratory game birds in accordance with 321 CMR 3.02(2). After
having killed the season limit of deer applicable to the county, zone
or area where hunting, a person shall not, during the remainder or duration
of the shotgun deer season, hunt any bird or mammal or enter the fields
or woodlands of the state with any firearm, ammunition, bow and arrow,
or other device intended or adapted for the taking of birds and mammals,
except for the hunting of migratory game birds in accordance with 321
CMR 3.02(2). Nothing in 321 CMR 3.02(4)(l) shall be construed to prohibit
the otherwise lawful setting and tending of traps in accordance with the
provisions of 321 CMR 3.02(5).
(m) During the shotgun deer season, a person shall not hunt a bird or
mammal with a rifle, revolver, or pistol or by the aid of a dog, or have
in his or her possession or under his or her control in any wood or field
a rifle, revolver or pistol or a dog adapted to the hunting or pursuing
of birds or mammals, except that this shall not prohibit the use of dogs
while hunting waterfowl on coastal waters. Notwithstanding the above,
shotguns with a rifled bore may be used for hunting in accordance with
321 CMR 3.02(4)(b). During the exclusive archery period of the open season
a person hunting or in pursuit of deer shall not use, have in his or her
possession or under his or her control in any field or woodland a dog,
a rifle, a shotgun, or a firearm of any kind, nor shall he or she have
in his or her possession any shotgun shells loaded with a single ball
or slug or shot larger than number one in any place where birds or mammals
might be found. During the exclusive primitive firearms season a person
hunting deer shall not use, have in his or her possession or under his
or her control in any field or woodland, a dog or firearm, except a primitive
firearm.
(n) During the shotgun deer season, a person hunting deer or migratory
game birds, or entering the fields, woodlands, or wetlands of the state
for the purpose of hunting deer or migratory game birds, shall wear in
a conspicuous manner on his or her chest, back and head, a minimum of
500 square inches of clothing or material of a hunter orange color as
defined by the Director pursuant to 321 CMR 3.01(2), except for persons
hunting waterfowl from within a blind or a boat. During the special seasons
for paraplegics and primitive firearms, a person hunting deer or entering
the fields or woodlands of the state with the intent to hunt deer, including
a person hunting deer by means of a bow and arrow, shall wear on his or
her 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).
(o) The Massachusetts wildlife management zones are described as follows:
1. Zone 01 is bounded as follows: northerly by the Vermont border;
westerly by the New York border; southerly by a line running along Rt.
20 to the junction with Rt. 7 in Pittsfield, north on Rt. 7 to Rt. 9,
and east on Rt. 9 to the junction with the Housatonic River; and easterly
by a line running from the Vermont border south along Route 8 to Rt.
9 in Pittsfield.
2. Zone 02 is bounded as follows: northerly by the Vermont border; westerly
by Zone 01 and 03; southerly by the Massachusetts Turnpike (I-90) from
the intersection with the Housatonic River in the Town of Lee east to
the intersection (dead end) with Bonny Rigg Hill Road in the Town of
Becket; and easterly by a line running from the Vermont border south
along Rt. 112 to Rt. 143 in the Town of Worthington, along Rt. 143 west
to the intersection with the Middle Branch of the Westfield River, then
south along the Middle Branch of the Westfield River to the intersection
with the East Branch of the Westfield River, south along the East Branch
of the Westfield River to Rt. 20 in the Town of Huntington, west along
Rt. 20 to Bonny Rigg Hill Road in the Town of Becket, south on Bonny
Rigg Hill Road to the intersection with the Massachusetts Turnpike.
3. Zone 03 is bounded as follows: northerly by Zone 01; westerly by
the New York border; southerly by the New York and Connecticut border;
and easterly by a line running south along the Housatonic River from
the junction with Rt. 9 in Pittsfield to the junction with Rt. 20 in
Lee, east along Rt. 20 to the junction with Rt. 8 in West Becket, and
south along Rt. 8 to the Connecticut border.
4. Zone 04 North (04N) is bounded as follows: northerly by the Vermont
border; westerly by Zones 02; southerly by a line running north from
the intersection of Route 20 and the East Branch of the Westfield River
in Huntington along the East Branch of the Westfield River to the intersection
with Route 66, along Rt. 66 to the intersection with Rt. 9 in Northampton,
to the intersection with the Connecticut River at the Northampton/Hadley
town line; and easterly by the Connecticut River. Zone 04 South (04S)
is bounded as follows: northerly by Zones 02 and 04N; westerly by Zone
03; southerly by the Connecticut border; and easterly by the Connecticut
River.
5. Zone 05 is bounded as follows: northerly by the New Hampshire border;
westerly by the Connecticut River; southerly by a line running from
the intersection of the Connecticut River and Rt. 9 at the Northampton/Hadley
line east along Rt. 9 to Rt. 116 in the Town of Hadley, north along
Rt. 116 to Rt. 63 in North Amherst, east along Rt. 63 and Pine Street
to State Street, northeast along State Street and East Leverett Road
to Cushman Road, along Cushman Road to Shutesbury Road in East Leverett,
east on Shutesbury Road and Leverett Road to Wendell Road in Shutesbury
Center, north along Wendell Road to Locks Pond Road, north on Locks
Pond Road to Lake View Road, northeast on Lake View Road to Locks Village
Road, north along Locks Village Road to Depot Road in the Town of Wendell,
north on Depot Road to Rt. 2A in Wendell Depot, east on Rt. 2A to Rt.
32 in the Town of Athol, south on Rt. 32 to Rt. 62 in the Town of Barre,
and east on Rt. 62 to the intersection with Rt. 31 in the Town of Princeton.
6. Zone 06 is bounded as follows: northerly by Zone 05; westerly by
Zone 05; southerly by a line running from the intersection of Rt. 9
and Rt. 116 in the Town of Hadley east along Rt. 9 to the intersection
with Rt. 32 in the Town of Ware; and easterly by a line running from
the intersection of Rt. 32 and Rt. 62 in the Town of Barre south along
Rt. 32 to the intersection with Rt. 9 in the Town of Ware.
7. Zone 07 is bounded as follows: northerly by Zones 05 and 06; westerly
by Zone 04S; southerly by the Connecticut border; and easterly by a
line running from the intersection of Rt. 9 and Rt. 32 in the Town of
Ware east along Rt. 9 to the intersection with Rt. 67, southwest along
Rt. 67 to the intersection with Rt. 19 in the Town of Warren, and south
along Rt. 19 to the Connecticut border.
8. Zone 08 is bounded as follows: northerly by Zone 05; westerly by
Zones 06 and 07; southerly by the Connecticut and Rhode Island borders;
and easterly by a line running from the intersection of Rt. 62 and Rt.
32 in the Town of Princeton south to Rt. 56 in the Town of Paxton, south
on Rt. 56 to Rt. 9 in the Town of Leicester, east on Rt. 9 to Cambridge
Street in the City of Worcester, east on Cambridge Street to Rt. 146,
and southeast on Rt. 146 to the Rhode Island border.
9. Zone 09 is bounded as follows: northerly by the New Hampshire border;
westerly by Zones 05 and 08; southerly by the Rhode Island border; and
easterly by a line running from the New Hampshire border southeast on
Rt. 3 to the intersection with Rt. to the intersection with Rt. I-495
in the Town of Chelmsford, south on Rt. I-495 to the intersection with
Rt. 121 in the Town of Wrentham, and southwest on Rt. 121 to the Rhode
Island border.
10. Zone 10 is bounded as follows: northerly by the New Hampshire border;
westerly by Zone 09; southerly by a line running from the intersection
of Rt. 1A and Rt. 27 in the Town of Walpole northeast along Rt. 1A to
the intersection with Rt. 128 in the Town of Dedham, east on Rt. 128
to the intersection with Rt. 3 in the Town of Braintree, east on Rt.
3 to the intersection with Rt. 228 in the Town of Rockland, and north
on Rt. 228 to the Atlantic Ocean at the intersection of Rt. 228 and
Nantasket Avenue in the Town of Hull.
11. Zone 11 is bounded as follows: northerly by Zones 09 and 10; westerly
by the Rhode Island border; southerly by Buzzards Bay and the Cape Cod
Canal; and easterly by the Atlantic Ocean.
12. Zone 12 is bounded as follows: northerly by the Atlantic Ocean (Cape
Cod Bay); westerly by Zone 11; southerly by the Atlantic Ocean (Vineyard
Sound); and easterly by the Atlantic Ocean.
13. Zone 13 shall consist of Dukes County.
14. Zone 14 shall consist of Nantucket County.
Regulatory Authority: M.G.L. c. 131, §§ 5, 70, and 72.
Last Revised: 9-22-06
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3.02(5) Hunting and Trapping of Certain Mammals
In accordance with the authority found in M.G.L. c. 131, § 5, and
subject to 321 CMR 3.02(5), the annual open seasons for the hunting and
trapping of certain mammals are hereby adopted.
(a) Definitions. For the purposes of 321 CMR 3.02(5), the following
words or phrases shall have the following meanings.
Beaver dam means an obstruction comprised of an aggregate of
sticks and mud, which may additionally include natural vegetation or
stones, constructed by beaver and which impounds or has impounded the
flowage of water along a stream or other water body or through or over
a water control structure.
Beaver lodge means a den comprised of an aggregate of sticks
and mud which is constructed or built by beaver and which is either
free-standing in water or connected to an embankment, but excluding
holes or burrows which lack a visible or external aggregate of sticks
and mud.
Bobcat means the bobcat or wildcat (Felis [Lynx] rufus)
but not the lynx or Canada lynx (Felis [Lynx] canadensis).
Box or cage 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.
Director means the Director of the Massachusetts Division of
Fisheries and Wildlife or his authorized agent.
Division means the Massachusetts Division of Fisheries and Wildlife,
251 Causeway Street, Suite 400, Boston, MA 02114-2104.
Environmental Police Officer or EPO means 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. 21A, § 10A.
Fox means the red fox (Vulpes vulpes) and the gray fox
(Urocyon cinereoargenteus).
Fur-bearing mammals means all mammals in the Class Mammalia,
as defined in M.G.L. c. 131, § 1.
Gender means, unless the context requires otherwise, that words
importing the masculine gender shall include the feminine and neuter.
Green pelt means a pelt which has not been dried, cured, or
tanned.
Hunt, for the purposes of 321 CMR 3.02(5)(b)1. through 3., "hunted"
or "kill or take by hunting" means a process excluding the
use of traps.
Raw pelt means a green pelt which has been dried, fleshed, or
cured.
State means the several states, territories, and possessions
of the United States of America, and any foreign nation and any political
subdivision, possession, or occupied area thereof.
Weasel means the ermine or short-tailed weasel (Mustela erminea)
and the long-tailed weasel (Mustela frenata).
Zone or Zones means the Massachusetts wildlife management
zones as described in 321 CMR 3.02(4)(o).
(b) Management Measures. Notwithstanding any municipal bylaw
or ordinance to the contrary, the following management measures are hereby
adopted and effective.
1. No trap may be used, set, placed, maintained, or possessed for the
purpose of capturing fur-bearing mammals pursuant to 321 CMR 3.02(5),
except for box or cage type traps or common type rat traps.
2. Opossum and raccoon may be hunted throughout Massachusetts, with
or without the use of dogs, except as provided in M.G.L. c. 131, §
70, from October 1 to the following January 31, both dates inclusive,
except that raccoon and opossum may be taken only by trapping during
the shotgun deer season as specified in 321 CMR 3.02(4)(b)3.a.
3. During the period from sunset of one day to sunset of the following
day, a person shall not kill or take by hunting more than three raccoons,
nor shall two or more persons hunting in one party kill or take by hunting
more than six raccoons.
4. A person shall not remove or attempt to remove a beaver, bobcat,
coyote, fisher, fox, mink, muskrat, opossum, raccoon, or river otter
from any hole in the ground, stone wall, from within any ledge, or from
under any stone, or from any hole in any log or tree.
5. Coyote, fox, and weasel may be taken by trapping throughout Massachusetts
from November 1 to the following November 30.
6. Bobcat may be taken by trapping only in Zones 01 through 08 from
November 1 to the following November 30.
7. Fisher may be taken by trapping throughout Massachusetts from November
1 to the following November 22.
8. Mink and river otter may be taken by trapping throughout Massachusetts
from November 1 to the following December 15.
9. Muskrat may be taken by trapping throughout Massachusetts from November
1 to the following last day of February.
10. Beaver may be taken by trapping throughout Massachusetts from November
1 to the following April 15.
11. Raccoon, opossum, and skunk may be taken by trapping throughout
Massachusetts from November 1 to the following last day of February.
12. In addition to the provisions of 321 CMR 3.02(5)(b)5. through 10.,
the pelts of all beaver, bobcat, coyote, fisher, fox, wild mink, and
river otter taken shall not be sold, exchanged, bartered, retained by
the trapper, or otherwise disposed of until the pelts have first been
brought to a designated representative of the Division and sealed with
an official seal by said representative. Seals shall be non-transferable
and shall be valid only for the pelt or animal to which applied by the
designated Division representative. Seals shall remain attached to the
pelt until the pelt is dressed or tanned, or prepared for mounting by
a taxidermist. The pelts of all beaver, coyote, fisher, fox, mink, and
river otter shall be sealed no later than four working days after the
closing day of the open season for that species. The pelts of bobcat
shall be sealed no later than four working days after the date the bobcat
was taken. Working days are defined as the days Monday through Friday
inclusive, except legal state holidays as defined in M.G.L. c. 4, §
7(18).
13. No raw beaver, bobcat, coyote, fisher, fox, gray wolf, lynx, marten,
mink, or river otter pelt, regardless of state of origin, shall be sold,
exchanged, bartered, or offered for sale, exchange, or barter within
Massachusetts unless said pelt bears an official tag, seal, or stamp
issued or applied by the state within which said beaver, bobcat, coyote,
fisher, fox, gray wolf, lynx, marten, mink, or river otter was taken,
or by another governmental jurisdiction empowered to tag, seal, or stamp
such pelts. Such tag, seal, or stamp shall be identifiable as to the
issuing jurisdiction. No person shall alter, tamper with, or reapply
any such tag, seal, or stamp, nor possess any altered, tampered, or
reapplied tag, seal, or stamp (except if such tag, seal, or stamp is
destroyed to such a degree that it cannot be reapplied), or any pelt
bearing the same.
14. Except as otherwise provided for in M.G.L. c. 131, and 321 CMR 3.02(3),
those mammals named in the last paragraph of G.L. c. 131, § 5,
may be hunted throughout Massachusetts from January 1 to the following
December 31, except during the shotgun deer season as provided for in
321 CMR 3.02(4)(b)3.
(c) Authorized Means of Trapping-- Live Restraining Traps and
Sets.
1. a box or cage type trap when tended, used, or set to insure that
the device captures only one mammal at a time. Bailey and Hancock beaver
traps and other suitcase type traps of similar design may be used only
for the taking of beaver, and in accordance with 321 CMR 3.02(5)(c)2.
and 3.;
2. Bailey and Hancock beaver traps and other suitcase type cage traps
of similar design shall not be used unless the person using, placing,
setting, tending, or maintaining such trap has completed a training
session in the proper use of such trap and has been issued a certificate
of completion of such training. Such traps may be used only for the
taking of beaver. The Director is hereby authorized to coordinate with
the Director of Law Enforcement in establishing such training course
and to provide for the issuance of certificates to such persons as shall
have satisfactorily completed the training. Such certificate shall be
carried on the person when using such traps, and the certificate shall
be shown upon demand to any officer empowered to enforce the provisions
of G.L. c. 131; and
3. Bailey and Hancock beaver traps and other suitcase type cage traps
of similar design shall not be used except when set in water, or when
set upon a beaver lodge or beaver dam, snag, stump, rock, or other above-water
protrusion entirely or substantially surrounded by water. In addition,
whenever and wherever set, the pan of such traps must be completely
submerged in water.
(d) Authorized Means of Trapping-- Kill Traps and Sets.
1. Common type rat traps for the taking of weasel;
2. Conibear-type traps may be used only in accordance with 321 CMR 2.08
and 321 CMR 2.14(24).
(e) Prohibitions. Except as otherwise provided for in M.G.L. c.
131 and 321 CMR, it shall be unlawful for any person:
1. to have in his possession the green pelt of any fur-bearing mammal
or any part of such pelt except during the open season for such mammal
and for ten days thereafter;
2. to possess or have under his control a trap on land of another in
any place where fur-bearing mammals might be found between April 16
of any year and 6:00 A.M. on the following November 1;
3. to possess or have under his control an unregistered trap on land
of another in any place where fur-bearing mammals may be found;
4. to possess or have under his control unless duly authorized as provided
for in M.G.L. c. 131, § 80, and 321 CMR 3.02(5)(e)14. the registered
trap of another;
5. to trap on land of another posted as provided for in M.G.L. c. 131,
§ 36 without the written permission of the owner or tenant of such
land;
6. to trap in a public way, cart road, path or other way commonly used
as a passageway for human beings or domestic animals;
7. to tear open, disturb, or destroy a muskrat lodge, beaver lodge or
beaver dam, except as provided in 321 CMR 2.08;
8. to trap with a trap designed to take more than one mammal at a time.
9. to trap on land with a Bailey or Hancock beaver trap or other suitcase
type cage trap of similar design, except when set upon a beaver dam
or beaver lodge, snag, stump, rock, or other above-water protrusion
entirely or substantially surrounded by water, or, when the pan of such
trap is not completely submerged;
10. to trap with a Bailey or Hancock beaver trap or other suitcase type
cage trap of similar design without having completed a training session
and having been issued a certificate of completion as provided for in
321 CMR 3.02(5)(c)2., or to fail to carry such certificate on one's
person when using such traps;
11. to fail to visit and remove all animals trapped in, at least once
in each calendar day between the hours of 4:00 A.M. and 10:00 P.M.,
all traps by him staked out, set, used, tended, placed, or maintained;
12. to destroy, mutilate, spring, or remove the trap of another;
13. to take any fur-bearing mammal from the trap of another unless he
has on his person a specific written authorization to do so, signed
by the owner of such trap. The owner of traps may give such authorization
to any person licensed to trap under M.G.L. c. 131 for a period not
to exceed one week from the day the traps were last tended, provided
that notice of the giving of such authorization including the name and
trapping license number of the person so authorized shall be given to
the regional Environmental Police Officer and to the Director within
24 hours of the giving of such authorization; and
14. to set, use, place, locate, tend, or maintain a trap not bearing
on a metal tag the name, town of residence and trap registration number
of the person or persons using the same in a manner as to be legible
at all times. Said registration number shall be permanently embedded
in or marked on the traps with letters and figures not less than 1/8
inches high in such a manner as to be legible at all times.
(f) Trapper Training Course. No person shall, after September
1, 1989, be issued a trap registration certificate or a certificate of
partnership pursuant to M.G.L. c. 131, § 80, or trap on land of another
unless such person has completed a trapper training course and been issued
a certificate of completion of such training, or unless such person has
been issued a resident or non-resident Massachusetts trapping license
or trap registration certificate or certificate of partnership in a previous
year and shall prove the same to the satisfaction of the Director. The
Director is hereby authorized to coordinate with the Director of Law Enforcement
in establishing such training course and the curriculum thereof and to
provide for the issuance of certificates to such persons as shall have
satisfactorily completed the training. Nothing in 321 CMR 3.02(5)(f) shall
be construed to limit the issuance of free resident sporting licenses
to persons aged 70 and over.
(g) Presumption. Registered traps set, used, maintained or tended
in violation of 321 CMR 3.02(5)(b), (c) and (d) shall be prima facie evidence
that such traps were set, used, maintained, or tended by the registered
owner thereof, unless such owner has notified the Division of Law Enforcement
in writing within 48 hours of the loss or theft of such registered traps,
the number and type of traps, and the date, time, place, and circumstances
of such loss or theft. Such notification shall be signed under the pains
and penalties of perjury.
(h) Forfeitures. Any trap or trapping device set, used, maintained,
or tended in violation of law and any fur-bearing mammals or other nondomesticated
animals caught therein shall be seized by any officer empowered to enforce
M.G.L. c. 131 and shall, in accordance with M.G.L. c. 131 and c. 257,
be forfeited to the Commonwealth and disposed of by the Director of Law
Enforcement to the best interests of the Commonwealth.
(i) Licensed Furdealer Reports. Licensed fur dealer report books
provided for by M.G.L. c. 131, § 28 shall be initialed by an Environmental
Police Officer prior to submission to the Division and it shall be the
responsibility of the licensee to contact the EPO for that purpose.
(j) Limitations. Nothing in 321 CMR 3.02(5) shall be deemed to
limit any other provision of M.G.L. c. 131 or any rule or regulation issued
under authority thereof.
(k) Savings Clause. If any part, section, subsection, division,
or subdivision of 321 CMR 3.02(5) or the application thereof is held invalid,
unconstitutional, or inoperative as to any particular person, persons,
or conditions, the remainder thereof or the application of any such part,
section, subsection, division, or subdivision to other persons and conditions
shall not be affected thereby.
Regulatory authority: M.G.L. c. 131, § 5.
Last Revised: 12-31-04
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3.02(6) Hunting of Pheasants, Quail, and Ruffed
Grouse
In accordance with the authority vested in me by M.G.L. c. 131, §
5, I hereby declare an annual open season for the hunting of pheasants,
bobwhite quail, and ruffed grouse, subject to the following:
(a) Definitions. For the purposes of 321 CMR 3.02(6), the following
words or phrases shall have the following meanings:
Shotgun Deer Season means that season when it is lawful to hunt
deer with a shotgun as provided for in 321 CMR 3.02(4)(b)3.
Zone or Zones means the Massachusetts wildlife management
zones as described in 321 CMR 3.02(4)(o).
(b) Open Seasons and Zones.
1. Cock pheasants may be hunted throughout Massachusetts from the first
Saturday after Columbus Day to November 30;
2. Hen pheasants may be hunted from the first Saturday after Columbus
Day to November 30 in Zones 01 through 12, except in the Town of Hull
in Plymouth County, and except eastward of a line running from the New
Hampshire border southerly on Route I-95 to the junction with Route
I-495, southerly on Rt. I-495 to the junction with Route 95, northerly
on Rt. 95 to the junction with Routes I-93/128, easterly on Rts. I-93/128
to the junction with Route 3, southerly on Rt. 3 to the junction with
Route 228, and northerly on Rt. 228 to the Hull town line; provided,
that on any wildlife management areas which are stocked with pheasant
or quail as listed in 321 CMR 3.01(1)(n) and which are eastward of the
boundary line delineated by 321 CMR 3.02(6)(b)2, the taking of both
cock and hen pheasants is lawful;
3. Ruffed grouse may be hunted throughout Massachusetts from the first
Saturday after Columbus Day to November 30;
4. Bobwhite quail may be hunted in Zones 11 through 14 from the first
Saturday after Columbus Day to November 30.
(c) Season Closure. Notwithstanding the provisions of 321 CMR
3.02(6), there shall be no open season for the hunting or possession of
cock or hen pheasant, ruffed grouse, or bobwhite quail during the shotgun
deer season.
(d) Youth Hunter Training Program. Minors between the ages of
15 and 17, who qualify and are properly enrolled with the Director may
participate in a training program in the hunting of upland game birds
on the first six Saturdays preceding Columbus Day, as specified annually
by the Director;
(e) Falconry. Licensed falconers holding a valid hunting or sporting
license and hunting with or by means of a falcon or other raptor may take
ruffed grouse, pheasants, and bobwhite quail from the first Saturday after
Columbus Day to March 15, provided, that said falconers shall abide by
all other applicable provisions of M.G.L. c. 131 and 321 CMR while pursuing
game.
(f) Hunting Hours. The hunting hours on each calendar day of the
open season shall begin at ½ hour before sunrise and end ½
hour after sunset except as provided in 321 CMR 3.01(1)(n).
(g) Bag Limits. A person shall not kill or take more than the
following bag limits:
1. two pheasants in one day, nor possess at any time more than four
nor take more than six in one season;
2. three ruffed grouse in one day, nor possess at any time more than
six nor take more than 15 in one season;
3. four bobwhite quail in one day, nor possess at any time more than
eight nor more than 20 in one season; provided,
4. that for properly enrolled minors participating in the upland game
bird training program as specified in 321 CMR 3.02(6)(d), the daily
bag limit shall be two cock pheasants or two bobwhite quail.
Regulatory Authority: M.G.L. c. 131, § 5.
Last Revised: 10-21-05.
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3.02(7) Hunting of Gray Squirrels
In accordance with the provisions of M.G.L. c. 131, § 5, I hereby
declare an annual open season on gray squirrels as follows:
(a) Definitions: For the purposes of 321 CMR 3.02(7), the following
words or phrases shall have the following meanings:
Shotgun Deer Season means that season when it is lawful to hunt
deer with a shotgun as provided for in 321 CMR 3.02(4)(b)3.
Zone or Zones means the Massachusetts wildlife management
zones as described in 321 CMR 3.02(4)(o).
(b) Open Seasons and Zones.
1. Gray squirrel may be taken from the first Saturday after Columbus
Day to January 2, in Zones 10 through 14, except during the shotgun
deer season; and
2. from the second Monday in September through January 2, in Zones
01 through 09, except during the shotgun deer season;
(c) Falconry. Licensed falconers holding a valid hunting or sporting
license and hunting with or by means of a falcon or other raptor may take
gray squirrels from the first Saturday after Columbus Day to the following
March 15 in Zones 10 through 14 and from the second Monday in September
to the following March 15 in Zones 01 through 09, provided that said falconers
shall abide by all other applicable provisions of M.G.L. c. 131 and 321
CMR while pursuing game.
(d) Hunting Hours. The hunting hours during each calendar day
of the open season shall begin at ½ hour before sunrise and end
at ½ hour after sunset, except as provided in 321 CMR 3.01(1)(n).
(e) Bag Limits. A person shall not kill or take more than the following
bag limits: five gray squirrels in one day nor possess at any time more
than ten.
(f) Prohibitions. A person shall not take or kill a gray squirrel
at any time by means of a handgun or rifle of any caliber in Zones 10
through 14, nor shall any person trap or net, or construct or set a trap
or net for the purpose of taking or killing a gray squirrel, except as
provided in M.G.L. c. 131, §§ 4 and 37.
Regulatory Authority: M.G.L. c. 131, § 5.
Last Revised: 12-31-04.
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3.02(8) Hunting of Crows.
There shall be an annual open season for the hunting of crows in all
counties of Massachusetts subject to the following:
(a) Open Season. The open season shall be as follows: every Monday,
Friday, and Saturday of each week except during the period of April 11
through June 30, and except during the season when deer may be legally
taken by means of a shotgun.
(b) Hunting Hours. The hunting hours during each calendar day
of the open season shall be from ½ hour before sunrise to ½
hour after sunset except as provided in 321 CMR 3.01(1)(n).
(c) Permissible Hunting Methods. Crows may be hunted by means of
firearms, bow and arrow, and falconry, but not with the aid of or from
an aircraft.
Regulatory Authority: M.G.L. c. 131, § 5.
Last Revised: 12-31-04
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3.02(9) Hunting of Wild Turkey in Massachusetts
(Click here for Plain
Language Summary)
In accordance with authority vested in me by M.G.L. c. 131, § 5, as amended
by St. 1979, c. 404, I hereby declare an annual open season on wild turkeys,
subject to the following:
(a) Definitions: For the purposes of 321 CMR 3.02(9), the following
words or phrases shall have the following meanings:
Zone or Zones shall mean the Massachusetts wildlife management
zones as described in 321 CMR 3.02(4)(o).
(b) Open Season. The open season shall be in three periods as follows:
1. In Zones 01 through 10 and 13, the spring period of the open season
(hereafter "spring season") shall begin on the last Monday
in April and shall end on the fourth Saturday following.
2. In Zones 11 and 12, the spring season shall begin on the last Monday
in April and end on the second Saturday following.
3. In Zones 01 through 09 and 13, the fall period of the open season
(hereafter "fall season") shall begin on the last Monday in
October and end on the first Saturday thereafter.
(c) Zones. A person shall not hunt a turkey during the spring
season except in Zones 01 through 13. A person shall not hunt a turkey
during the fall season except in Zones 01 through 09 and 13.
(d) Hunting Hours. A person shall not hunt a wild turkey on any
day during the spring season except during the period from 1/2 hour before
sunrise to 12:00 noon. A person shall not hunt a wild turkey on any day
during the fall season except during the period from 1/2 hour before sunrise
to 1/2 hour after sunset, except on wildlife management areas as provided
in 321 CMR 3.01(1)(n) where the hunting hours shall be from sunrise to
sunset.
(e) Bag Limit. A person shall not kill, take, or possess more than
two wild turkeys in any calendar year, provided that during the spring
season, the bag limit and possession limit shall be two bearded wild turkeys.
Only one wild turkey may be taken per day. During the fall season, the
bag limit and possession limit shall be one wild turkey of either sex,
provided, that if a person has killed two turkeys during the spring season,
then such person shall not be entitled to kill a turkey in the fall season
in that same calendar year.
(f) Bearded Turkey Requirement. A person shall not kill, take,
or possess any wild turkey during the spring season unless said turkey
is bearded.
(g) Permit and Tagging Requirements. A person shall not hunt, kill,
take, or possess any wild turkey unless he possesses on his person a permit
so to do. Such permit shall be valid only for the date or dates stipulated
thereon. A person killing a wild turkey shall immediately, before transporting
or removing the carcass in any manner from where it was killed, complete
and attach to the carcass in a conspicuous manner that portion of the
permit designated "turkey tag". Said turkey tag shall remain attached
to the turkey until the turkey is presented to a duly authorized person
or checking station at which time the turkey tag shall be surrendered
upon request to the official agent in charge thereof. No person shall
possess a detached turkey tag except as described in 321 CMR 3.02(9)(f).
Tags detached except as provided herein shall be void and shall be surrendered
to any officer empowered to enforce 321 CMR.
(h) Permissible Hunting Methods. A person may hunt wild turkey
only by means of a shotgun not larger than ten gauge and shot not larger
than size four and not smaller than size six or by means of a bow and
arrows as specified in 321 CMR 3.01(3).
(i) Prohibitions. A person shall not hunt or take wild turkeys
by means of or set or use any bait, live decoys, electronic or electronically
operated callers, nor any trap or other device intended or designed for
the purpose of capturing or ensnaring wild turkeys, nor shall any person
use or have control of, in any place where turkeys may be found, any dog
or dogs while hunting wild turkey, nor shall any person or persons drive,
herd or take or attempt to take by driving or herding any wild turkey
or turkeys provided that nothing in 321 CMR 3.02(9)(h) shall be construed
to prohibit the use of hand or mouth operated turkey calls by persons
otherwise lawfully hunting wild turkey.
(j) Safety Sticker Requirement. A person shall not hunt wild turkey
with or by means of a shotgun nor have a shotgun in his possession while
hunting wild turkey, unless such person has obtained a safety sticker
as provided by the Director and applied said sticker to his shotgun in
such a manner as to be visible to the shooter when sighting down the barrel
of the shotgun. The Director is hereby authorized to provide such safety
stickers of a type and design as he may deem appropriate.
(k) Checking Stations. Within 48 hours after killing a wild turkey,
the entire carcass shall be presented by the person killing same to a
duly authorized person or checking station designated by the Director
for the purpose of being recorded and examined for research purposes and
having affixed thereto an official seal in such a manner as prescribed
by the Director. Said official seal shall remain attached to the turkey
until it is skinned, cut up, or otherwise prepared for food purposes or
prepared for mounting by a taxidermist. Seals shall be non-transferable
and shall be valid only for the animal or carcass to which applied by
a designated Division of Fisheries and Wildlife representative. The Director
may require, as a condition of checking, that the hunter surrender breast
feathers, wing tips, or other biological samples from the turkey presented
for checking. For the purpose of 321 CMR 3.02(9)(k), jurisdiction for
violations of the prescribed procedure shall be that jurisdiction where
said turkey or carcass thereof was possessed after the expiration of 48
hours from the time said turkey was killed.
Regulatory Authority: M.G.L. c. 131, § 5.
Last Revised: 12-31-04
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3.02(10) Hunting of Hares and Rabbits.
In accordance with the authority vested in me by M.G.L. c. 131, §
5, as most recently amended by St. 1967, c. 802, I hereby declare annual
open seasons for the hunting of cottontail rabbits, snowshoe hares, and
black-tailed jackrabbits, subject to the following:
(a) Definitions: For the purposes of 321 CMR 3.02(10), the following
words or phrases shall have the following meanings:
Shotgun Deer Season means that season when it is lawful to hunt
deer with a shotgun as provided for in 321 CMR 3.02(4)(b)3.
Zone or Zones means the Massachusetts wildlife management
zones as described in 321 CMR 3.02(4)(o).
(b) Open Seasons and Zones:
1. Cottontail rabbits may be hunted in Zones 01 through 12 from the
first Saturday after Columbus Day to the following last day of February,
and
2. in Zones 13 and 14 from November 15 to the following last day of
February.
3. Blacktailed jackrabbits may be hunted only in Zone 14 from November
15 to the following December 31.
4. Snowshoe (varying) hares may be hunted in Zones 01 through 04N and
04S from the first Saturday after Columbus Day to the following last
day of February, and
5. in Zones 05 through 12 from the first Saturday after Columbus Day
to the following February 5, and
6. in Zones 13 and 14 from November 15 to February 5.
(c) Season Closure. Notwithstanding the provisions of 321 CMR
3.02(1)(b), there shall be no open season for the hunting or possession
of cottontail rabbit, snowshoe hare, or black-tailed jackrabbit during
the shotgun deer season.
(d) Falconry. Licensed falconers holding a valid hunting or sporting
license and hunting with or by means of a falcon or other raptor may hunt:
1. Cottontail rabbits in Zones 01 through 12 from the first Saturday
after Columbus Day to the following March 15, and
2. in Zones 13 and 14 from November 15 to the following March 15, and
may hunt
3. Snowshoe (varying) hares in Zones 01 through 12 from the first Saturday
after Columbus Day to the following March 15, and
4. in Zones 13 and 14 from November 15 to the following March 15; provided,
that said falconers shall abide by all other applicable provisions of
M.G.L. c. 131 and 321 CMR while pursuing cottontail rabbits and snowshoe
hare.
(e) Hunting Hours. The hunting hours each calendar day of the
open season shall begin at ½ hour before sunrise, except as provided
in 321 CMR 3.01(1)(n).
(f) Bag Limits. A person shall not kill or take more than the following
bag limits:
1. five cottontail rabbits in one day, nor possess at any time more
than ten;
2. one black-tailed jackrabbit in one day, nor possess at any time
more than two;
3. two snowshoe hares in one day, nor possess at any time more than
four.
Regulatory Authority: M.G.L. c. 131, § 5.
Last Revised: 12-31-04.
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3.03(1) Special Regulations for Delaney
Wildlife Management Area
Special Regulations for Hunting on the Delaney Wildlife
Management Area in the Towns of Stow, Harvard, and Bolton, Massachusetts.
By the authority vested in me, pursuant to 321 CMR 3.01(1)(r), as established
in accordance with the provisions of M.G.L. c. 131, § 6, I herewith
establish the following special regulations governing hunting on the Delaney
Wildlife Management Area in the Towns of Stow, Harvard, and Bolton, during
the prescribed hunting season for waterfowl as established in 321 CMR
3.02(2).
(a) A permit system of hunting is hereby initiated that shall require
a person, duly licensed to hunt in Massachusetts, to obtain a written
permit from the Massachusetts Division of Fisheries and Wildlife to hunt
on certain designated days and time periods on the Delaney Wildlife Management
Area during the established hunting seasons for waterfowl. Such designated
days shall be: the first four days of the open waterfowl season. In the
event that the first Saturday immediately following the opening day of
the waterfowl season is not one of the first four days of the open waterfowl
season, it shall also be a designated day. In the event of two opening
days for the waterfowl season in one calendar year (split waterfowl season)
designated days will apply only to the first part of the split season.
(b) All applications for a permit shall be in writing and shall include
a stamped, self addressed envelope.
(c) Applications shall be received not later than October 4 and shall
be addressed to: Division of Fisheries and Wildlife, Northeast Wildlife
District Headquarters, 68 Harris Street, Acton, Massachusetts 01720.
(d) Applicants shall not submit more than one application for each designated
day.
(e) Permits issued shall be valid only for the designated day and period
as specified on the permit. For this purpose, "time period"
shall mean either that period from ½ hour before sunrise to 12:00
P.M. or from 12:00 P.M. to sunset and shall apply only to those designated
days when a permit is required. A person authorized by permit to hunt
on a designated day shall be limited to only one of these time periods
for that particular designated day. A person hunting from a specific blind
site during the time period from ½ hour before sunrise to 12:00
P.M. shall be prepared to vacate the blind site by 12:00 P.M. in order
to allow the next scheduled permittee access to the blind.
(f) All shooting shall be from the specific blind sites only. This shall
apply to designated and non designated days alike. Shooting other than
from a blind site is prohibited, except a hunter in pursuit of crippled
waterfowl.
(g) On designated days, a person, except a hunter in pursuit of crippled
waterfowl, shall not hunt other than from the blind site specified on
the permit.
(h) A person hunting on designated days shall report to parking lot #1
located off Old Harvard Road for parking instructions.
(i) A person hunting at the Delaney Wildlife Management Area shall abide
by and adhere to 321 CMR 3.03(1) as they apply and any other pertinent
law or regulation including 321 CMR 3.01(1), except that such persons
shall not be required to wear on their head a "hunter orange"
cap or hat and, further, that the legal shooting hours shall be in compliance
with 321 CMR 3.02(2) established for the hunting of migratory game birds.
(j) Permits are not required of persons hunting other than on those designated
days as specified. On non designated days, blinds shall be occupied on
a first-come, first-served basis. No more than three people shall hunt
from or be within a specified blind site at any one time.
(k) Each permit issued on a designated day and time period shall entitle
the permittee, and not more than two other persons, duly licensed or otherwise
authorized to hunt in Massachusetts, to hunt from a blind site as specified
on the permit.
(l) On designated days, unoccupied blind sites may be filled at the discretion
of the attendant Division of Fisheries and Wildlife personnel.
(m) These special regulations shall become part of 321 CMR 3.01(1)(r).
Regulatory Authority: M.G.L. c. 131, § 6 and
321 CMR 3.01(1)(r).
Last Revised: 9-28-01
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3.03(2) Special Regulations for Northeast
Wildlife Management Area
Special Regulations for Hunting on the Martin H. Burns Wildlife
Management Area in the Town of Newbury, Massachusetts.
By the authority vested in me, pursuant to 321 CMR 3.01(1)(r) as established
in accordance with the provisions of M.G.L. c. 131, § 6, I hereby
establish the following special regulations in accordance with 321 CMR
3.01(1)(r) governing hunting on the Martin H. Burns Wildlife Management
Area in the Town of Newbury, Massachusetts, during the prescribed open
season for upland game birds.
(a) A controlled hunting system is hereby inititated that shall require
a person, duly licensed or otherwise authorized to hunt in Massachusetts,
to register prior to hunting at a registration booth on certain days and
time periods on the Martin H. Burns Wildlife Management Area during the
established hunting seasons for upland game birds. Such designated days
shall be: opening day of the established pheasant season, the four consecutive
Saturdays immediately following the opening day of the established pheasant
hunting season, and Veteran's Day.
(b) On designated days, not more than a predetermined number of hunters
to be set by the Division of Fisheries and Wildlife, but which shall not
exceed 200, will be permitted to hunt on this area between the hours of
sunrise and sunset.
(c) On designated days, only those hunters first to register, but not
to exceed the predetermined number to be allowed to hunt on the area for
that designated day, will be permitted to hunt; except that, as registered
hunters complete hunting and check out, other hunters will be permitted
to enter to maintain the predetermined number established for that designated
day.
(d) On designated days, the hunter, upon registration, may receive an
arm band which he shall display on his outer clothing on either of his
upper arms while hunting during the prescribed time period established
under 321 CMR 3.03(2)(b). Upon leaving the area he shall check out at
a prescribed checkout point and return said arm band to a representativeof
the Division of Fisheries and Wildlife.
(e) On designated days, the operator of each vehicle, upon registration,
may receive a parking permit, which shall be displayed inside the windshield
while the person or persons in said vehicle are on the area during the
prescribed time period established under 321 CMR 3.03(2)(b). Upon leaving
the area, the operator of each vehicle shall return said permit to a representative
of the Division of Fisheries and Wildlife.
(f) On designated days, the registration booth will be located at the
Martin H. Burns Wildlife Management Area headquarters off Orchard Street
in the Town of Newbury.
(g) On designated days, the checkout point will be located at the Highfield
Street gate in the Town of Newbury.
(h) A person shall not leave designated parking areas until sunrise for
the purpose of hunting.
(i) On days preceding designated days, no person shall be on the area
after one hour before sunset, except as authorized under 321 CMR 3.01(l)(o).
(j) On designated days, no person shall enter the area between the hours
of 3:00 A.M. and 1½ hours before sunrise.
(k) Persons entering the area between the hours of 1½ hours before
sunrise and sunset must enter the area through the registration booth
entrance located off Orchard Street in the Town of Newbury. All other
points of entry shall be illegal.
(l) A person hunting at the Martin H. Burns Wildlife Management Area shall
abide by and adhere to 321 CMR 3.03(2) and any other pertinent law or
regulation including 321 CMR 3.01(1).
Regulatory Authority: M.G.L. c. 131, § 6 and
321 CMR 3.01(1)(r).
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