321 CMR, § 2.17

Current through Register 1531, September 27, 2024
Section 2.17 - Prohibition on the Waste of Certain Game
1. It is unlawful for any person while hunting or trapping in accordance with 321 CMR 3.02 to waste an animal. For the purposes of 321 CMR 2.16 and 2.17, "waste" means to intentionally or knowingly leave a wounded or dead animal that the person has hunted or trapped in the field or the forest without making a reasonable effort to retrieve the animal and use it.
2. Each such retrieved animal shall be retained in the individual's possession or transferred to another and retained in their possession until processed or used as food, or for the pelt, feathers, or for taxidermy.
3. Each retrieved animal shall be checked in accordance with 321 CMR 3.02.
4. The requirements of 321 CMR 2.17(1) and (2) shall not apply to animals that are unfit for consumption or use. For the purposes of this section, "unfit for consumption or use" shall mean animals or their parts that are damaged, destroyed, decayed, rotting, diseased or infected.
5. The prohibition of waste in 321 CMR 2.17(1) and (2) shall not apply to:
(a) any animal taken pursuant to M.G.L. c. 131, § 37; or
(b) those animals identified in M.G.L. c. 131, § 5 except for fox and wildcat, the take of which are regulated pursuant to 321 CMR 3.02(3); or
(c) any animal taken in accordance with 321 CMR 2.08 or 2.14.

321 CMR, § 2.17

Adopted by Mass Register Issue 1421, eff. 7/10/2020.