Current through
Register 1531, September 27, 2024
(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:
1.Location of operation
2.Dates of operation
3.Material exposed
4.Amount of material exposed
5.Evaluation of the results of the
operation
6.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.
