Current through Register 1531, September 27,
2024
(1)
Purpose. The purpose of 321 CMR 2.14 is to control
problem animals. In accordance with M.G.L. c. 131, § 4, problem animal control
agents may harass, take, and destroy, or may release or liberate as stipulated
in 321 CMR 2.14(20), such problem animals as are set forth in 321 CMR 2.14(20).
Problem animal control agents may also disturb, remove, or destroy dens,
lodges, burrows, or nests of such problem animals on property of such persons
as who have engaged the services of the problem animal control agent. Nothing
in 321 CMR 2.14 shall allow or be construed to allow the propagation of
wildlife contrary to
321
CMR 2.12 or the rehabilitation of wildlife
contrary to
321 CMR
2.13.
(2)
Definitions. For
the purposes of 321 CMR 2.14 and unless the context requires otherwise, the
following words or phrases shall have the following meanings:
Box or Cage Type Trap means a trap
that confines the whole animal without grasping any part of the animal.
Conibear Type Trap means "Conibear"
model traps and similar body-gripping traps and devices, whether or not
enclosed in or comprising part of a box, tube, or other enclosing
device.
Control means to harass, take, or
destroy, or attempt to harass, take, or destroy; placing, setting, and tending
of traps and similar capture devices; disturbing, removing, or destroying, or
attempting to disturb, remove, or destroy dens, lodges, burrows, or nests; and
to possess, transport, or liberate or attempt to possess, transport, or
liberate problem animals.
Director means the Director of the
Massachusetts Division of Fisheries and Wildlife, or his or her agents.
Division means the Massachusetts
Division of Fisheries and Wildlife.
Employees of a Municipal Entity shall
include permanent or provisional full-time or part-time paid employees whose
principal duty is that of animal control, but shall not include consultant or
contract employees or volunteers or employees whose principal duty is not that
of animal control.
Environmental Police Officer or
EPO 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. 21A, § 10C.
Fur-bearing Mammals means all mammals
in the Class Mammalia, as defined in M.G.L. c. 131, §1.
Gender means, unless the context
requires otherwise, that words of one gender may be construed to include the
other gender and the neuter.
Municipal Entity means towns and
cities incorporated as political subdivisions of the Commonwealth of
Massachusetts.
Person means an individual,
corporation, partnership, trust, association or other private entity or any
officer, agent, department or instrumentality of the federal government or any
state or its political subdivisions, including but not limited to any agency,
department, board, commission or authority thereof.
Problem Animals means non-domesticated
reptiles, birds, and mammals the actions of which have or are endangering the
life and health of humans or domestic animals; damaging the property of a
person except grass or other natural vegetation growing without cultivation and
which is not harvested or otherwise put to material use by the owner or tenant
thereof; obstructing the reasonable and comfortable use of property by the
owner or tenant thereof and which cannot be abated in another fashion; or
otherwise producing such material annoyance, inconvenience, and discomfort that
can reasonably be presumed to result in damage or hurt to persons or their
property.
Problem Animal Control Agent or
Permittee means a person who has been issued a permit
in accordance with the provisions of 321 CMR 2.14 for the control of problem
animals and further including but not limited to those persons exempted from
the permit requirement pursuant to 321 CMR 2.14(15).
Problem Animal Control Permit means a
permit which shall have been issued by the Division pursuant to 321 CMR
2.14.
Site of Capture means the parcel of
land on which the problem animal was captured and which is owned or leased by
the person who controlled the problem animal or who engaged a problem animal
control agent to effect such control.
(3)
Scope of Permit
Requirement. No person, except as otherwise authorized by state or
federal law or as exempted in 321 CMR 2.14(15) shall control problem animals
without obtaining a problem animal control permit and otherwise complying with
the additional provisions of 321 CMR 2.14.
(4)
Application. A
person seeking a problem animal control permit shall complete a written
application on forms supplied by the Director.
(5)
Information and Requirements
for Application. All initial permit applications shall contain the
following information.
(a) the applicant's
name, address, and telephone number where he can be reached between the hours
of 9:00 A.M. to 5:00 P.M.;
(b) the
applicant's date of birth;
(c) in
the event the applicant is a corporation, partnership, firm, business or other
commercial entity, club, organization, or association, either public or
private, the name, address, telephone number and date of birth of the
president, director, head, or principal officer;
(d) the license number and class of the
applicant's trapping license, unless exempted pursuant to 321 CMR
2.14(15);
(e) the license number
and class of the applicant's hunting or sporting license, if taking animals by
shooting.
(f) the applicant's trap
registration number, unless exempted pursuant to 321 CMR 2.14(15);
(g) in instances where the permittee charges
a fee or otherwise receives consideration for his services, a signed affidavit
that the applicant has to the best of his knowledge paid all state taxes as
required by the Massachusetts Department of Revenue;
(h) the date the application was
executed;
(i) the applicant's
signature, executed under the pains and penalties of perjury;
(j) any letters of recommendation for the
intended activity.
(6)
Renewal Applications. Information for renewal
applications shall include that information set forth in 321 CMR 2.14(5)(a) and
(c) through (j).
(7)
Agreement. All permits issued pursuant to 321 CMR 2.14
shall be signed by the permittee. Such signature shall constitute:
(a) an agreement by the permittee to fully
comply with all relevant provisions of law including but not limited to M.G.L.
c. 131, 321 CMR, and all applicable conditions and restrictions of the license;
and
(b) liability
agreement.
(8)
Qualifications. In order to qualify for a problem
animal control permit, a person shall:
(a) be
at least 18 years of age;
(b) pass
a written examination as stipulated in 321 CMR 2.14(16) administered by the
Director or his authorized agent, except as provided for in 321 CMR 2.14(15)
and 2.14(18);
(c) successfully
complete a trapper training course as provided for in 321 CMR
2.14(23);
(d) possess a current and
valid Massachusetts trapping license as provided in M.G.L. c. 131, §
11;
(e) register, tag, and identify
all traps used on land of another in accordance with provisions of M.G.L. c.
131, § 80, and
321 CMR
3.02(5);
(f) when taking animals by means of a
firearm, possess a current and valid Massachusetts hunting or sporting license
as provided in M.G.L. c. 131, § 11, and, in addition, a current and valid
Massachusetts Firearms Identification Card or License to Carry Firearms, as
provided for in M.G.L. c. 140, §§ 129B, 131, and 131F.
(9)
Exceptions.
(a) The provisions of 321 CMR 2.14(8)(d)
through (f) shall not apply to employees of a municipal entity acting as an
agent for such municipal entity, provided that all traps used by such employees
shall be tagged with a metal tag bearing the name and principal address of the
municipal entity whose agent is using the trap.
(b) Notwithstanding the provisions of 321 CMR
2.14, chimney sweeps when acting in the course of their normal business as a
chimney sweep may harass birds or mammals roosting, nesting, or otherwise
present in chimneys and may remove the same from such chimneys to the adjacent
roof or other site immediately associated with the chimney, provided that no
birds or mammals are thereby killed, injured, or taken, and that traps,
firearms, and like devices are not used.
(10)
Fees. A fee
shall be charged for the issuance of a problem animal control permit and a
written problem animal control permit examination. The amount of the fees shall
be determined by the Commissioner of Administration and Finance under the
provisions of M.G.L. c. 7, § 3B. No fee shall be charged for the issuance of a
problem animal control permit to an employee of a municipal entity, when such
employee is acting in the course of his duties as an employee of municipal
entity, provided that if such municipal entity charges a fee to any landowner,
tenant, or resident for the services of the municipal employee, such municipal
entity shall thereby not be exempted from the fee specified in 321 CMR
2.14(10).
(11)
Abandoned Applications. Incomplete or improperly
executed applications shall be treated as provided in
321
CMR 2.12(8).
(12)
Denial.
Applications for a problem animal control permit shall, unless otherwise
provided, be denied when:
(a) the applicant
has within one year preceding the date of application been convicted of a
violation of any provision of M.G.L. c. 131 or c. 131A, or of any provision of
321 CMR, or of any federal statute or regulation which is related to the
activity for which the permit is sought; or has twice been convicted or
penalized for a violation of M.G.L. c. 131, § 80A,
(b) the applicant has failed to disclose
material information or has made false statements as to any fact in connection
with the application;
(c) the
applicant has failed to submit the required fee with the application, unless
the applicant is exempt from such fee as provided in 321 CMR
2.14(10);
(d) the applicant fails
to fulfill the examination requirement established by 321 CMR
2.14(16);
(e) the applicant fails
to successfully complete the trapper training course established by 321 CMR
2.14(23);
(f) the applicant fails
to fulfill the recertification requirement established by 321 CMR 2.14(17) by
December 31 of the Calendar year following the issuance of the initial permit,
or the most recent recertification.
(13)
Permit. A
problem animal control permit may be issued to a person based on his
demonstrated experience, letters of recommendation, results of the written
examination, results of the trapper training course, and other provisions of
321 CMR 2.14. No person, unless otherwise provided by state or federal law, or
unless exempted pursuant to 321 CMR 2.14(15) may control problem animals
without being issued a problem animal control permit.
(14)
Expiration
Date. The expiration date for a problem animal control permit
shall be midnight of December 31 in the calendar year.
(15)
Requirements and Exemptions
for Municipal Employees. Employees of a municipal entity whether
elected, appointed or otherwise authorized by the Board of Selectmen or the
Mayor to act as problem animal control agents for the municipal entity in which
they are employed shall be required to comply with the examination and
recertification requirements stipulated in 321 CMR 2.14(16) and 2.14(17). Such
employees, however, shall be exempt from the permit and examination
requirements stipulated in 321 CMR 2.14(13) and (16) in the following
circumstances:
(a) when acting as an agent for
the municipal entity, on land owned or leased by such municipal entity, in
accordance with M.G.L. c. 131, § 37;
(b) for the control of English (house)
sparrows, starlings, and pigeons (rock doves) in accordance with M.G.L. c. 131,
§ 83;
(c) for the destruction and
control of rats, mice, and woodchucks, and such other vertebrates as may be
unprotected by law, when authorized by the Department of Agricultural Resources
in order to protect food supplies, agricultural produce, growing crops,
livestock, manufactured goods and buildings, and to safeguard the public
health, in accordance with M.G.L. c. 128, § 8A;
(d) for the harassment or destruction of
gulls and terns in order to preserve the purity and prevent the pollution of
the waters of a reservoir, pond, and stream used for domestic water supply,
provided that all necessary permits, authorizations, or requirements pursuant
to M.G.L. c. 111, § 174A and applicable federal law shall be complied
with;
(e) for the immediate
protection of human life and limb, and to take, possess, transport, and destroy
problem animals, notwithstanding the species restrictions in 321 CMR 2.14(20),
which, having bitten or injured a human or a domestic animal shall, in the
opinion of a licensed physician or the Massachusetts Department of Public
Health, be examined, tested, or analyzed for a communicable or infectious
disease, parasite, infection, or intoxication. In addition, any state or
municipal police officer, or any municipal animal control officer, may kill any
raccoon, skunk, red or gray fox, bat or woodchuck which is displaying behavior
which causes the officer to reasonably conclude that the animal is diseased, or
which has attacked a human. Symptoms of such behavior may include but not be
limited to: convulsions, swaying or weakness, paralyzed limbs, rigid posture,
disoriented appearance or a transfixed stare, drooling of saliva or frothing at
the mouth, repeated yawning, extreme tense or alert behavior, awkward or
uncoordinated movements, or hoarse vocalizations.
(16)
Examination
Requirements.
(a) Except as
provided for in 321 CMR 2.14(15) and 2.14(18), applicants for a problem animal
control permit shall successfully complete a written examination relating to
wildlife biology and management, capture and handling techniques, ethics,
animal welfare, diseases and parasites, statutes and regulations, and such
other appropriate subject matter as shall be determined by the Director. A
person must attain a passing grade as determined by the Director. An applicant
who fails may not be eligible to retake the examination until two months or
more from the date of the failed examination.
(b) Notwithstanding 321 CMR 2.14(16)(a), the
Director may, at his discretion, waive all or part of the examination
requirement for a person who has been designated a Certified Wildlife Control
Professional by the National Wildlife Control Operators Association, provided
that any such person shall be required to complete such portion of the
examination as shall pertain to the statutes and regulations of Massachusetts
pertaining to wildlife and problem animal control.
(17)
Periodic
Recertification. Except as provided for in 321 CMR 2.14(15), a
permittee shall be required to successfully complete a recertification training
at least once within the three consecutive 12-month periods immediately
following the completion of the initial examination, or the most recent
re-examination. Successful completion of a problem animal control seminar,
workshop, or training course by the U.S. Fish and Wildlife Service, the U.S.
Animal and Plant Health Inspection Service, the National Wildlife Control
Operators Association, or such other agencies or organizations as shall be
approved by the Director, may be substituted for all or part of the required
recertification.
(18)
Grandfather Clause. All persons who have held a valid
problem animal control permit for three or more consecutive calendar years
immediately prior to the publication of 321 CMR 2.14 in the Massachusetts
Register on June 9, 1989, shall be exempted from the written examination
requirement set forth in 321 CMR 2.14(16). However, such persons shall not be
exempt from the recertification requirements stipulated by 321 CMR
2.14(17).
(19)
Revocation and Non-renewal. A problem animal control
permit may be revoked by the Director at any time upon evidence of failure to
comply with the conditions of the permit or of 321 CMR 2.14. Such evidence
regarding the activities of the permittee shall form the basis of an
adjudicatory proceeding pursuant to M.G.L. c. 30A, § 13, M.G.L. c. 131, § 32,
and 801 CMR 1.00 prior to permit revocation.
(20)
Conditions.
(a) A problem animal control permit shall
authorize the permittee to control problem animals of the following species or
groups of species: snapping turtle, starling, pigeon (rock dove), house
(English) sparrow, opossum, moles, bats except those species listed in
321 CMR 10.60,
cottontail rabbits, European rabbit, chipmunk, gray squirrel, red squirrel,
flying squirrels, woodchuck, muskrat, rats, mice, and voles except those
species listed in
321 CMR
10.90, porcupine, raccoon, weasels
(Mustela erminea and M. frenata), red and
gray fox, coyote, and striped skunk. The Director may authorize individual
permittees to control problem animals of other species or groups of species at
such times and in such locations as he shall determine.
(b) A problem animal control permit shall
authorize the permittee to remove those mammals specified in 321 CMR
2.14(20)(a) from a hole in a tree or in the ground or a stone wall, or from
within or under any ledge, stone or log, or to disturb the den or burrow of
such mammals, on the property of such person as has engaged the services of the
permittee. A problem animal control permit shall also authorize the permittee
to destroy or disturb the nest or eggs of pigeons (rock doves), starlings, or
house (English) sparrows on the property of such persons as shall have engaged
the services of the permittee.
(c)
Problem animals which are captured alive shall be disposed of by destruction in
a humane manner, immediate liberation at the site of capture, or, in the case
of a sick or injured animal, by transferral to a wildlife rehabilitator
authorized under
321 CMR
2.13.
(d) Permittees shall fully describe to the
client the nature of the animal problem, the control methods to be used to
alleviate the problem, and shall further advise clients as to those means and
practices which the client may employ in the future to avoid a recurrence of
problem animal complaints. Where possible and practical, permittees shall
employ or recommend exclusionary means in preference to lethal means for the
control of problem animals.
(e) The
Director may impose such other reasonable conditions or restrictions as shall
be relevant and necessary.
(f)
Notwithstanding the provisions of 321 CMR 2.14(20)(a), a permittee may control
beaver when such permittee is acting as a duly authorized agent pursuant to
321 CMR
2.08, provided, that such permittee shall
otherwise be in compliance with provisions of
321 CMR
2.08 and 321 CMR 2.14, including, but not
limited to, the reporting and record-keeping requirements set forth in 321 CMR
2.14(28) and (29).
(g)
Notwithstanding the provisions of 321 CMR 2.14(20)(a), a permittee may control
coyote only when, in addition to all other provisions of 321 CMR 2.14, the
permittee has successfully completed the training and certification requirement
as set forth in 321 CMR 2.14(24).
(21)
Authorized Means of
Taking. Permittees may control or attempt to control problem
animals by means of:
(a)
Trap
Types for Fur-bearing Mammals-- Live Restraining Traps and Sets:
1. a box or cage type trap when tended, used,
or set to insure that the device captures only one animal at a time, and which
provides reasonable shelter and security to the animal trapped therein. Bailey
and Hancock beaver traps and other suitcase type cage traps of similar design
may be used only for the taking of beaver in accordance with 321 CMR
2.14(20)(f) and (21)(b); and
2. net
type traps.
(b) Bailey
and Hancock beaver traps and other suitcase type cage traps of similar design
shall not be used unless the person using, placing, setting, tending, or
maintaining such trap has completed a training session in the proper use of
such trap and has been issued a certificate of completion of such training. The
Director is hereby authorized to coordinate with the Director of Law
Enforcement in establishing such training course and to provide for the
issuance of certificates to such persons as shall have satisfactorily completed
the training. Such certificate shall be carried on the person when using such
traps, and the certificate shall be shown upon demand to any officer empowered
to enforce M.G.L. c. 131.
(c)
Trap Types for Fur-bearing Mammals-- Kill Traps and
Sets.
1. a common type mouse or
rat trap, when set and baited in such a manner as to minimize the capture of
birds;
2. Conibear type traps, only
in accordance with a permit issued pursuant to
321 CMR
2.08, provided that such traps are used only
in accordance with provisions of
321 CMR
2.08(21).
(d)
Trap Types for
Birds-- Live Restraining Devices. A New York starling trap or
other cage trap of similar type and design.
(e)
Trap Types for Turtles-- Live
Restraining Devices.
1. a wire or
twine hoop or funnel trap, when partially submerged and set in such a manner
that all reasonable care is taken to insure that turtles and other animals
trapped therein may rise to the surface of the water to breathe;
2. a basking-type trap, wherein turtles climb
a ramp and dive therefrom into an enclosed holding pen, when set in such a
manner that turtles enclosed in the holding pen may rise to the surface of the
water to breathe.
(f)
Other Allowable Methods include shooting with a
firearm when done in accordance with provisions of M.G.L. c. 131, c. 140, and
c. 269; hand nets or noose poles; fumigant cartridges for the control of
woodchucks; and anticoagulant rodenticides for the control of rats, mice and
voles when not in conflict with M.G.L. c. 131, § 43, or c. 270, § 3A. Dogs may
be used to track or locate problem animals. The Director may authorize the
chemical restraint of certain problem animals by employees of a municipal
entity, provided that such persons satisfy the Director as to their training
and experience in such chemical restraint and provided that such persons are
otherwise authorized in accordance with M.G.L. c. 94C and applicable federal
law.
(22)
Prohibitions. Except as otherwise provided for in
M.G.L. c. 131 and
321 CMR
2.08, it shall be unlawful for any person:
(a) to trap any fur-bearing mammal with any
trap other than a box or cage type trap, a common type mouse or rat trap, or a
net trap.
(b) to trap with
Conibear-type traps, except as provided in
321 CMR
2.08 and 321 CMR 2.14(21); to trap with any
device when set which discharges or causes the discharge of a shell, cartridge,
explosive, poison, or flammable material of any kind; colony traps, or any
other trap type not specifically allowed pursuant to
321 CMR
2.08 and 321 CMR 2.14(21).
(c) to trap with a Bailey or Hancock beaver
trap or other suitcase type cage trap of similar design without having
completed a training course as provided for in 321 CMR 2.14(21)(b), or to fail
to carry on the person while using such traps a certificate of completion of
such training course;
(d) to
possess or have under his control an unregistered trap on land of another in
any place where furbearing mammals or any animal species listed in 321 CMR
2.14(20) may be found, except for common type mouse or rat traps used inside a
building;
(e) to possess or have
under his control the registered trap of another;
(f) to trap on land of another as posted in
M.G.L. c. 131, § 36, without the written permission of the owner or tenant of
such land;
(g) to tear open,
disturb, or destroy a beaver lodge or beaver dam;
(h) to fail to visit and remove all animals
trapped in at least once within a 24-hour period, all traps by him staked out,
set, used, tended, placed, or maintained;
(i) to destroy, mutilate, spring, or remove
the trap of another;
(j) to take
any wild animal from the trap of another unless he possesses on his person
specific written authorization to do so;
(k) to set, use, place, locate, tend, or
maintain a trap, except a common type mouse or rat trap set inside a building,
not bearing on a metal tag the name, town of residence or business, and trap
registration number of the person or persons using the same in a manner as to
be legible at all times. Said registration number shall be permanently embedded
in or marked on the traps with letters and figures not less than c inches high
in such a manner as to be legible at all times;
(l) to set, use, place, locate, tend, or
maintain a trap on land of another unless such person carries on his person a
current and valid trap registration certificate issued by the Director or a
photocopy thereof, and a current a valid Massachusetts trapping license. Such
trap registration certificate or photocopy, and license, shall be shown upon
demand to any officer empowered to enforce the provisions of M.G.L. c.
131;
(m) to trap on land with a
Bailey or Hancock beaver trap or other suitcase type cage trap of similar
design, except when set upon a beaver lodge or beaver dam, snag, stump, rock,
or other above-water protrusion entirely or substantially surrounded by water,
or, when the pan of such trap is not completely submerged in water;
(n) to rent, lend, or otherwise transfer
traps to clients or other persons who are not problem animal control agents or
to knowingly allow such clients or persons to tend or check the permittee's
traps, provided, that clients may visually check the permittee's traps only
when specified in a written contract between the permittee and the client and
only when such traps are set in or on a building. When so contracted, clients
shall contact the permittee prior to 9:00 A.M. and report the presence or
absence of animals in the traps. If the client shall fail to do so the
permittee shall respond to check the traps personally. Nothing in 321 CMR
2.14(22)(n) shall supersede the permittee's requirements under 321 CMR
2.14(22)(h).
(o) to retain, sell,
barter, or exchange for consideration problem animals or their carcasses or
parts thereof, provided that in the event the trapping or hunting season for
the particular species is open and the permittee has a valid hunting, sporting,
or trapping license, as the case may be, and takes the animal in such a
location where hunting or trapping is otherwise lawful, then the permittee may
retain the carcass or parts thereof, provided that any tagging requirements or
other conditions of 321 CMR shall be complied with.
(23)
Trapper Training
Course. No person shall, after September 1, 1989, be issued a trap
registration certificate or certificate of partnership pursuant to M.G.L. c.
131, § 80, or trap on land of another unless such person has completed a
trapper training course and been issued a certificate of completion of such
training, or unless such person has been issued a resident or non-resident
Massachusetts trapping license or trap registration certificate or certificate
of partnership in a previous year and shall prove the same to the satisfaction
of the Director. The Director is hereby authorized to coordinate with the
Director of Law Enforcement in establishing such training course and the
curriculum thereof and to provide for the issuance of certificates to such
persons as shall have satisfactorily completed the training.
(24)
Coyote Training and
Certification Requirement. A permittee shall not take or attempt
to take coyotes unless said permittee has successfully completed a training and
certification program and written examination as prescribed by the Director.
Said training and certification program shall include, but not be limited to:
coyote biology and behavior, non-lethal and lethal control techniques, damage
identification, communications skills, statutes and regulations, and such other
appropriate subject matter as shall be determined by the Director. A person
must attain a passing grade as determined by the Director. The provisions and
requirements of such training and certification shall constitute permit
conditions and restrictions as provided for in 321 CMR 2.14 (20(e).
(25)
Presumption.
Registered traps set, used, maintained or tended in violation of
321 CMR 3.02(5)(b) and
(c) and 321 CMR 2.14(21) and (22) shall be
prima facie evidence that such traps were set, used,
maintained or tended by the registered owner thereof, unless such owner has
notified the Division of Law Enforcement in writing within 48 hours of the loss
or theft of such registered traps, the number and type of traps, and the date,
time, place and circumstance of such loss or theft. Such notification shall be
signed under the pains and penalties of perjury.
(26)
Forfeitures.
Any trap or trapping device set, used, maintained, or tended in violation of
law and any nondomesticated animals caught therein shall be seized by any
Environmental Police Officer and shall, in accordance with M.G.L. c. 131 and c.
257, be forfeited to the Commonwealth and disposed of by the Director of Law
Enforcement to the best interests of the Commonwealth.
(27)
Costs. Any
costs, charges, or fees, or other expenses involved with problem animal control
exercised by the permittee shall be the responsibility of the permittee. The
permittee shall not charge the Division or the Commonwealth for any such
costs.
(28)
Record
Keeping Requirements. All permittees must keep records on all
problem animal complaints investigated or handled by them. Records shall
include, but not be limited to, date(s) the complaint was investigated or
handled, name and address of the complainant, species of animal(s) involved in
the complaint, and disposition of the complaint. Records shall be available for
inspection by an Environmental Police Officer or officials of the Division at
any reasonable time.
(29)
Reporting Requirements. An annual report shall be
filed with the Division at the end of each calendar year. Such report shall be
filed no later than January 31 for the preceding calendar year. The report
shall be in such manner as provided by the Director and shall report full
details on the number of problem animal complaints acted on including, but not
limited to: total number of complaints responded to; species of animal
involved; number of individual animals taken, destroyed, or surrendered;
disposition of animals taken; and such other information as the Director may
require. Failure to submit such annual report or failure to provide required
information or the making of false statements shall be cause for suspension,
revocation, or non-renewal of the permit.
Notwithstanding the foregoing, a permittee who takes or
attempts to take a coyote shall additionally provide a written report to the
Director within 48 hours of such taking or attempt, stating the location, date,
nature of the problem which initiated the control action, circumstances
attendant to the taking or attempt, number and sex of coyotes taken or
attempted to be taken, and the disposition of the animals or outcome of the
attempt. In the event that a coyote or coyotes are taken, the permittee shall
surrender the carcass or carcasses of the animal(s) to the Director, within
said 48 hour period.
(30)
Compliance with Other Laws. Issuance of a problem
animal control permit under 321 CMR 2.14 shall not exempt the permittee from
compliance with the provisions of any other local, state, or federal
law.
(31)
Limitations. Nothing in 321 CMR 2.14 shall be deemed
to limit any other provision of M.G.L. c. 131 or any rule or regulation issued
under authority thereof.
