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Code of Massachusetts Regulations (CMR)

321 CMR 3:00 Hunting

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); two canvasback (four in possession); one pintail (two in possession); one black duck (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 4 through 25, 2007, there shall be a special open season statewide for the hunting of Canada geese. Season #2: during the period from January 15 through February 13, 2008, 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 21 through February 15, 2008, 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 6 and 8, 2007, 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: 10-05-07

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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 Seasons and Zone.

1. The dates of the open seasons shall be as follows: for bobcat, beginning December 20 and ending the following March 8, for fox, beginning November 1 and ending the following last day of February, and for coyote, beginning on the first Saturday after Columbus Day and ending the following March 8, except that a person shall not hunt or take a fox 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 shall end at midnight, except on wildlife management areas as provided for in 321 CMR 3.01(1)(n), and

3. for coyote shall end at midnight, except on wildlife management areas as provided for in 321 CMR 3.01(1)(n), and except during the shotgun deer season when the hunting hours shall end at ½ hour after sunset.

(d) Restrictions.

1. In addition to the provisions of 321 CMR 3.02(3)(b) and (c), all fox, coyote, and bobcat taken or salvaged shall be 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 or animal until the pelt is dressed or tanned, or prepared for mounting by a taxidermist, or the animal is otherwise disposed of. Fox and coyote shall be sealed no later than four working days after the closing day of the open season for that species. 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.

4. During the shotgun deer season, coyote may be hunted throughout Massachusetts only 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.

5. During the shotgun deer season, a person hunting coyote shall not use any electronic call or other noise-making device. Nothing in 321 CMR 3.02(3)(d)5. shall be construed to prohibit the use of deer antlers or replicas thereof or grunt tubes by persons lawfully hunting deer, or the use of hand or mouth operated waterfowl callers by persons lawfully hunting waterfowl.

(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: 10-05-07

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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 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 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 or coyote 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) or for the hunting of coyote in accordance with 321 CMR 3.02(3). 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) or for the hunting of coyote in accordance with 321 CMR 3.02(3). 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 buckshot 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, migratory game birds, or coyote or entering the fields, woodlands, or wetlands of the state for the purpose of hunting deer, migratory game birds, or coyote 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: 10-05-07.

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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., all beaver, bobcat, coyote, fisher, fox, wild mink, and river otter taken or salvaged shall be 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 or animal until the pelt is dressed or tanned, or prepared for mounting by a taxidermist, or the animal is otherwise disposed of.. 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. 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: 10-05-07

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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 W