321 CMR, § 2.05

Current through Register 1531, September 27, 2024

Section 2.05 - Commercial Shooting Preserves

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

(2)Definitions.

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

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

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

Director means the Director of the Division of Fisheries and Wildlife, or his or her agents.

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

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

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

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

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

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

(a) the name of the individual, organization or group to whom the permit is to be issued;

(b) the name, mailing address and telephone number of the applicant or principal officer or contact person;

(c) the street address or equivalent descriptive location of the preserve and a plot plan thereof;

(d) the total number of acres of the preserve and the acreage of woodland, cultivated land and other land use types;

(e) a statement as to whether the applicant owns or leases the property on which the preserve is located;

(f) if leased, the name and address of the owner and a copy of the lease, which shall therein specify the dates or period for which the property has been leased;

(g) the type of activity to be conducted, whether a public or private preserve;

(h) evidence of the applicant's ability to raise or purchase for liberation those numbers of game birds specified in 321 CMR 2.05(14)(d) or (e), as the case may be;

(i) the estimated number of game birds, by species, to be released on the preserve during the period for which the permit is valid;

(j) the date the application was executed;

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

(l) such other information as the Director may require.

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

(a) information set forth in 321 CMR 2.05(4) (a), (b), (d), (g), (f), (h), (i), and (j);

(b) evidence of compliance during the previous year with the requirements of 321 CMR 2.05(14)(d);

(c) a copy of the commercial shooting preserve summary report for the previous year.

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

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

(b) liability agreement.

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

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

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

(a) the applicant has within one year preceding the date of application been convicted of a violation of M.G.L. c. 131, c. 131 A, or any rule or regulation issued under authority thereof, or any federal statute or regulation which is related to the activity for which the permit is sought;

(b) the applicant has failed to disclose material information or has made false statements as to any fact in connection with the application;

(c) the applicant has failed to pay the required fee;

(d) the applicant does not own, lease, or have title to the land on which the preserve is located;

(e) an inspection of the facilities on which the preserve is located has disclosed that the facilities do not meet the requirements found in 321 CMR 2.05(11) and such deficiencies have not been corrected within 30 days from the date of the inspection;

(f) the applicant has failed to comply with the zoning requirements of the city or town in which the preserve is located;

(g) the Director determines that the operation of the preserve is not in the public interest.

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

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

(a) the preserve consists of a single contiguous parcel of land containing not less than 100 acres nor more than 500 acres;

(b) the preserve is posted conspicuously with printed notices at intervals of not more than 150 feet apart;

(c) the preserve has adequate facilities for parking by members, guests, and clients;

(d) towers, holding pens, and other facilities for holding or releasing game birds are in good repair and suitable to the purpose thereof;

(e) such other conditions as may have been stipulated pursuant to 321 CMR 2.05(10).

The Director or his or her agents or an Environmental Police Officer may also conduct inspections, announced or unannounced, at reasonable times for insuring compliance, inspecting records, or for scientific investigation.

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

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

(14)Importation and Liberation Requirements.

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

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

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

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

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

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

(a) ring-necked pheasant;

(b) bobwhite quail;

(c) chukar partridge;

(d) Hungarian or gray partridge;

(e) captive-reared mallard ducks, as defined by the U.S. Fish and Wildlife Service pursuant to the Code of Federal Regulations, 50 CFR 21.13, provided that such ducks may be liberated, hunted, or taken in tower shoots only and that only non-toxic shot as approved by the U.S. Fish and Wildlife Service be used in hunting such ducks.

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

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

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

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

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

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

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

(a) the falconer is in compliance with the provisions of 321 CMR 3.04, or the equivalent requirements of another state; and

(b) such falconry hunting is conducted during the falconry hunting seasons for particular game as specified in 321 CMR 3.02 and 321 CMR 3.04(10).

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

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

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

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

(a) a violation of any provision of M.G.L. c. 131 or c. 131A;

(b) a violation of any provision of 321 CMR;

(c) a violation of any federal statute or regulation which is related to the activity for which the permit has been obtained;

(d) a violation of any condition or restriction of the permit;

(e) upon the request of an Environmental Police Officer, if it is determined that the permittee's operation causes an unnecessary threat to the public health, welfare, or safety.

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

321 CMR, § 2.05

Amended by Mass Register Issue 1320, eff. 8/26/2016.