Section 2.10 - Issuance of Permits to Expose Poisons for the Control of Mammal and Bird Species not Protected by Federal or State Statutes(1)Definitions: (a)Avitrol® means a brand of 4-aminopyridine, a bird management chemical registered as a flock-frightening repellent.(b)Board means the Fisheries and Wildlife Board as constituted in M.G.L. c. 21, § 7.(c)Director means the Director of the Division of Fisheries and Wildlife or his or her agents.(d)Orchard means a cultivated aggregate of fruit- producing trees or shrubs.(2)Exposing of Poisons. No poisons or registered frightening agents shall be exposed for the control of bird or mammal species not protected by state or federal law, except as provided for in M.G.L. c. 131, § 43 or 321 CMR 2.10. Avitrol® may be used in accordance with 321 CMR 2.10 for repelling or frightening crows, blackbirds, pigeons, and gulls.(3)Permits. No person, except as otherwise provided by law, shall place or expose poisons or registered frightening agents for the purpose of killing or frightening wild birds or mammals without obtaining from the Director a permit so to do, the cost of which shall be determined annually by the commissioner of administration pursuant to M.G.L. c. 7, § 3B.(4)Issuance of Permits.(a) Permits may be issued to the owner or agents of forest plantations or orchards to place poison for the extermination of rats, mice, and other pests of like nature, upon written request stating the specific area involved, toxicant, bait, and period of time during which such work will be conducted, in connection with public health and safety, the suppression of ticks and other animals or pests which may constitute a public nuisance, protection of wild birds and mammals, and purposes of a like nature.(b) For the purposes stated in M.G.L. c. 131, § 43 and 321 CMR 2.10, permits may be issued to agents of the U.S. Department of the Interior, the U.S. National Biological Service, and the U.S.D.A. Animal and Plant Health Inspection Service.(c) For the purposes of M.G.L. c. 131, § 43 and 321 CMR 2.10, permits may also be issued to commercial pest control operators, employees of the Commonwealth, or employees of political subdivisions of the Commonwealth, when in conformance or with the approval of the Massachusetts Department of Agricultural Resources and rules and regulations thereof.(d) All persons must be certified by the Massachusetts Pesticide Board either as a private applicator in case of persons described in 321 CMR 2.10(4)(a), or a commercial applicator (subcategory vertebrate) in the case of persons described in 321 CMR 2.10(4)(c).(e) Notwithstanding the provisions of 321 CMR 2.10(4)(d), the director may issue permits for the use of Avitrol® as a frightening or repelling agent to any person otherwise authorized by the Department of Agricultural Resources. Such permit shall authorize the use of Avitrol® only on the property of the permittee.(f) A person holding a permit issued under 321 CMR 2.10 must be in direct and constant charge of any applications made under such a permit and must adhere to all rules and regulations of the Department of Food and Agriculture and 321 CMR 2.10.(5)Duration and Time Limits of Permits. Permits shall allow exposure of poison for the control of birds only for the period specified therein: which period or any part thereof may not be between March 15th and the following November 15th; except that, the Director may authorize the placement of Avitrol® or of certain poisons on specific bait materials in specific situations provided that in his or her judgment sufficient scientific evidence has been presented to show that such placement will not be hazardous to migratory birds or other wildlife. Permits to expose poisons for the control of mammals shall be for such period as specified by the director, in conformance with M.G.L. c. 131, § 32. All permits may be revoked for cause at any time by the Director.(6)Materials Which May be Used Under Permits. (a) All materials used under a permit issued pursuant to 321 CMR 2.10 must be registered with the Food Protection Program, in the Bureau of Environmental Health, Department of Public Health, or the Massachusetts Pesticide Board, Department of Agricultural Resources, when so required by law; and, in addition.(b) only such materials as may be approved by the Director may be used under these permits.(c) The use of all materials approved under 321 CMR 2.10(6)(a) and (b) must be in conformance with any instructions therefor issued by the manufacturer thereof and with any added restrictions, conditions, or standards which may be placed on such use by the Director in order to protect migratory birds or other wildlife or components of the environment. (7)Notification and Reporting of Operations. (a) All persons holding permits shall notify the Director of writing prior to the application, indicating the date(-s) and place(-s) of application.(b) Within one month following each operation, the person holding the permit under which the work is done shall report in summary form to the Director: 4.Amount of material exposed5.Evaluation of the results of the operation6.Safety measures and precautions instituted(c) In the case of operations undertaken by a county or a municipality, permit holders shall notify all proper authorities including Selectmen or Mayors, local public health officials, and local police, as required by such county or municipality.(8)Policing of Operation.(a) Permittee shall make every effort to collect and dispose of all dead mammals or birds killed under the permit.(b) Permittee shall remove all bait, toxicants, or frightening agents from the area immediately upon completion of the operation.(9)Proof of Financial Responsibility.(a) Private applicators holding permits must produce evidence of comprehensive insurance in the amount of or in excess of $25,000- $50,000 for public liability and $5000 for property damage.(b) In the issuance of a permit under M.G.L. c. 131, § 43 and 321 CMR 2.10, the Commonwealth, the Director, or the Board assume no liability of any name or nature.Amended by Mass Register Issue 1268, eff. 8/29/2014.Amended by Mass Register Issue 1320, eff. 8/26/2016.