Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 2.00 - Miscellaneous Regulations
Section 2.05 - Commercial Shooting Preserves
Current through Register 1531, September 27, 2024
(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:
(5) Renewal Applications. Information for renewal applications shall include, but not be limited to:
(6) Agreement. All permits issued pursuant to 321 CMR 2.05 shall be signed by the permittee. Such signature shall constitute:
(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:
(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:
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 1st to December 31st in the calendar year only. A Class B preserve may operate only from September 15th to the following March 31st.
(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.
(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:
(16) Hunting. All persons hunting on a commercial shooting preserve shall have a current and valid Massachusetts hunting or sporting license, as follows:
(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:
(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:
(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.