Section 2.02 - Permits to Take or Possess(1)Definitions. For the purposes of 321 CMR 2.02, and unless the context requires otherwise, the following words shall have the following meanings: Board means the Fisheries and Wildlife Board established pursuant to M.G.L. c. 21, § 7.
Director means the Director of the Division of Fisheries and Wildlife.
Person means any named individual, partnership, corporation, whether profit or non-profit, firm, business, or other commercial or non-commercial entity, club, organization, or association.
(2)Authority of Director. In accordance with the provisions of M.G.L. c. 131, § 4(2), the director may take or in writing authorize employees of the Division of Fisheries and Wildlife or other persons to take and possess fish, fish spawn, birds, the nest and eggs thereof, mammals, reptiles and amphibians at any time or in any manner for the purposes of observation, research, control or management, and, in his or her discretion, excuse certain persons so authorized from any licensing provision of M.G.L. c. 131.(3)Scope. The provisions of 321 CMR 2.02 set forth certain special permits which may be granted pursuant to M.G.L. c. 131, § 4(2) and establish procedures for the granting of special permits or exemptions to certain classes of persons. 321 CMR 2.02 does not apply to permits or licenses issued pursuant to other provisions of M.G.L. c. 131 or c. 131A.(4)Categories of Permits. Permits which may be issued pursuant to M.G.L. c. 131, § 4(2) may include, but not be limited to, bird-banding, salvage, and scientific collecting permits, or letter permits incorporating specialized authorizations. The director may establish reasonable standards and conditions for each category of special permit, consistent with the intent and purpose of the permit, and such standards and conditions shall be construed as limiting the authority of the permit to such extent. The director may further require a permittee to keep certain records or submit certain reports as a condition of the permit, or renewal thereof, and failure to keep or submit such records or reports, when required, may be cause for suspension, revocation, or non-renewal of the permit.(5)Exceptions. Notwithstanding the provisions of 321 CMR 2.02(4), wildlife rehabilitation permits shall be administered in accordance with 321 CMR 2.13 and problem animal control permits in accordance with 321 CMR 2.14.(6)Beaver Dams. Beaver are aquatic mammals which depend on impounded water as an essential part of their life cycle. Beaver construct dams from natural materials to provide such impounded water where not existing naturally in proximity to their food supply. The destruction or damaging of a beaver dam therefore may cause harm to or loss of the beavers inhabiting the water impounded by the dam. This destruction or damage, when caused by humans, is construed to constitute a take of the beavers harmed, or potentially harmed, by such action. The destruction, altering, or damage of a beaver dam as defined in 321 CMR 3.02(5)(a): Definitions is prohibited without a permit to do so. The director is authorized to issue such permit, when, in his judgement, such permit is necessary to avoid harm to essential human interests including, but not limited to, flooding of roads, structures, septic systems, agricultural crops, and wellfields, or the cutting of ornamental or fruit-bearing trees.(7)Requirements for Group Permits and Exemptions. The director may, subject to federal law, issue a permit to any group or class of persons to take or possess fish, fish spawn, amphibians, reptiles, birds, the nest or eggs thereof, mammals, or invertebrates, or may issue an exemption for the taking thereof or for the manner, time or purpose of taking or other related requirements, in accordance with 321 CMR 2.02(8). Such permit or exemption may provide that such group or class of persons are authorized to engage in the specified activity, or to be exempted from certain requirements, as the case may be, by expanding the authority of such other permit or license as may be held by such persons. Alternatively, the director may determine that a notice published in the Massachusetts Register shall constitute the permit or exemption for those persons so authorized or exempted and such persons shall not be required to receive a individual permit to engage in the specified activity or exemption. In the case of 321 CMR 2.02(8)(d) and (e), the director may determine in writing, subject to the provisions of 321 CMR 2.02(9) and (10) that no permit is required to engage in certain specified activities. The provisions of 321 CMR 2.02(7) shall not be construed to limit the issuance of group fishing permits to the head of a veteran's hospital or to the administration of a publicly supported school for the mentally retarded, as provided for in M.G.L. c. 131, § 13.(8)Determination. The director may issue a permit or make a determination pursuant to 321 CMR 2.02(7) if: (a) the proposed activity is necessary or appropriate to preserve, protect, or enhance the public health or welfare;(b) the proposed activity is necessary or appropriate to preserve, protect or enhance the health offish, birds, amphibians, reptiles, birds, mammals, or invertebrates;(c) the proposed activity is necessary or appropriate as a part of research or management of fish, amphibians, reptiles, birds, mammals, or invertebrates;(d) the proposed activity is necessary or appropriate as part of observation or inventory of fish, amphibians, reptiles, birds, mammals, or invertebrates;(e) the proposed activity is necessary or appropriate to promote interest in or understanding of fish, amphibians, reptiles, birds, mammals, or invertebrates.(9)Procedure. A written determination made by the director in accordance with 321 CMR 2.02(7) shall not be effective until:(a) such determination is approved in writing by the Board;(b) such determination is published in the Massachusetts Register stating the reasons therefor;(c) such determination is made available to the public at all the Division field installations and its Board offices;(d) included with such determination is a statement that comments as to such determination may be submitted to the Division for a two-week period.(10)Comments. The director shall consider any written comments which may be submitted to the Division for a period of two weeks after the publication date. Based upon these written comments the director may amend, alter or rescind the determination.(11)Denials. In the event of the denial, non-renewal, or suspension of a permit, other than a letter permit, the director shall follow those procedures set forth in 321 CMR 2.12(9), (20) and (21).(12) A permit to use bear hounds or bait may be issued by the Director upon written application for the control of individual animals specifically identified as posing a threat to human safety or individuals that have destroyed livestock, property, or crops, or for legitimate scientific research projects that are conducted in a humane manner. (a) Definitions: Bear hound means a dog, regardless of breed, which is used to harass. hunt, pursue, scent, take, or trail black bear.
Director means the Director of the Division of Fisheries and Wildlife, as specified in M.G.L. c. 21, §7F through 7G, or his authorized agent.
Training means the harassment, hunting, pursuing, scenting, taking, or trailing of black bear with or by means of bear hounds, and includes attempts and acts of assistance for such purposes.
(b) Registration. All bear hounds used for training in Massachusetts shall be registered with the Director who may issue a permit for such use in accordance with M.G.L. c. 131,§ 21A and 321 CMR 2.02 (12). Such permit shall be valid for a period not to exceed one calendar year and shall be restricted to such locality or geographical area(s) as shall be approved by the Director. (c) Applications. A person seeking a permit as provided in 321 CMR 2.01(12) shall submit a written application to the Director. Such permit may be issued to the applicant or to such agent of the applicant as shall be approved by the Director. Completed applications shall include a self-addressed stamped business-size envelope and shall be addressed to the Director of the Division of Fisheries and Wildlife.(d) Information and Requirements for Applications. All applications shall include the following information: 1. name, street address, and telephone number of applicant;2. name, street address, and telephone number of dog owner and/or trainer/handler, if different from 321 CMR 2.02(12(d)(1);3. license plate number and state of registration of vehicle used to transport bear hounds;4. for each individual bear hound, the breed, color, sex, tattoo number (if any), dog license or kennel number and city or town where licensed, and radio frequency of telemetry collar (if any);5. signature of the applicant and owner or trainer/handler, executed under the pains and penalties of perjury;6. date the application was executed; and7. such other information as the Director shall require.(e) Amendments. A permittee may add or delete individual bear hounds or vehicles to his permit at any time during the period during which such permit is valid. Such additions or deletions shall otherwise conform to the provisions of 321 CMR 2.02(12).(f) Permit to be Carried. A person shall not train a bear hound unless he possesses on his person at all time during such training a bear hound registration permit as provided in 321 CMR 2.02 (12)(b). (g) Bear Hound Pack Limitations. Possession, use or control of more than four bear hounds while training, in any vehicle or in any field or woodland, is prohibited. Combined or relayed packs or more than four bear hounds by one or more permittees are prohibited.(h) Baiting. A permit to use bait shall generally conform to the provisions of 321 CMR 2.02(12) (b) through (f) and shall include such other restrictions or conditions as the Director shall deem advisable, including, but not limited to, kinds and amount of bait, placement of bait, and bait removal requirements.(13) A permit to use bobcat hounds may be issued by the Director for the purposes and in like manner as provided for in 321 CMR 2.02(12).Amended by Mass Register Issue 1320, eff. 8/26/2016.