Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 2.00 - Miscellaneous Regulations
Section 2.09 - Trapping of Birds by Farmers

(1) Permits may be issued to farmers to trap alive and subsequently destroy English (house) sparrows, starlings, and common pigeons if they are destroying agricultural crops or endangering the health of livestock, poultry, or fur-bearing animals.

(2) If any bird protected by state or federal law, other than birds specified in the permit, be trapped, permittee shall immediately release it unharmed.

(3) Applications for permits shall be in writing, and shall state: the damage being done, the extent of such damage, the species of birds to be trapped, the type of trap to be used, the location of each such trap, and the period within which he intends to use such trap(s). Each application shall be accompanied by a fee, the amount of which shall be determined annually by the Commissioner of Administration and Finance pursuant to M.G.L. c. 7, § 3B.

(4) No trap other than a New York Starling Trap or trap of similar design shall be used in conjunction with this permit.

(5) Each trap shall be marked with the permittee's name and address and his permit number. The permittee or his agent shall check each such trap twice daily.

(6) Permittees must comply with any special terms, conditions, or restrictions prescribed in the permit.

(7) Unprotected birds trapped under this permit shall be destroyed as soon as possible after trapping, and shall not be kept for food or other purpose.

(8) At the end of the period specified in the permit, permittee shall send the director a written report, signed by him, stating the number and species of birds trapped and destroyed.

(9) This permit may be suspended or revoked by the director for cause after due notice and hearing.