Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 2.00 - Miscellaneous Regulations
Section 2.02 - Permits to Take or Possess
Current through Register 1531, September 27, 2024
(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:
(9) Procedure. A written determination made by the director in accordance with 321 CMR 2.02(7) shall not be effective until:
(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.
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.
(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).