Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 3.00 - Hunting
Section 3.02(2) - Migratory Game Bird Regulations
Current through Register 1531, September 27, 2024
In accordance with the authority vested in M.G.L. c. 131, §§ 5 and 63, and subject to 321 CMR 3.02(2), the annual open seasons for the hunting and possession of certain migratory game birds are hereby adopted.
(a)Definitions: For the purposes of 321 CMR 3.02(2) the following words or phrases shall have the following meanings:
American coot or coot means the American coot (Fulica americana).
Berkshire Zone means that portion of Massachusetts west of a boundary line running south from the Vermont border along Route I-91 to Route 9, west on Rte. 9 to Rte. 10, south on Rte. 10 to Rte. 202, and south on Rte. 202 to the Connecticut border.
Central Zone means that portion of Massachusetts lying between the Berkshire Zone and the Coastal Zone.
Coastal Zone means that portion of Massachusetts east and south of a boundary line running south from the New Hampshire border along Route I-95 south to Rte. 1, to Rte. I-93, south along I-93 to Rte. 3, south on Rte. 3 to Rte. 6, west on Rte. 6 to Rte. 28, west on Rte. 28 to Rte. I-195, and west on Rte. I-195 to the Rhode Island border, provided that the waters and lands 150 yards above the high water mark of the Assonet River from the mouth of said Assonet River to the Route 24 bridge and 150 yards above the high water mark of the Taunton River from the mouth of said Taunton River to the Center Street-Elm Street bridge shall be in the Coastal Zone.
Director means the Director of the Division of Fisheries and Wildlife or their authorized agent.
Migratory Game Birds means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in 321 CMR 3.02(2) and belong to the following families:
Non-Toxic Shot means steel shot or such other non-toxic shot as shall be approved by the United States Fish and Wildlife Service as an acceptable non-toxic alternative to lead shot.
Primitive firearm loaded with shot means loose shot carried in a shot pouch or similar container, or which is carried on the person and could readily be so loaded, as well as shot which has been loaded in the barrel of a primitive firearm.
Sea Ducks means scoter, eider, and long-tailed (oldsquaw) ducks.
Waterfowl means migratory game birds of the family Anatidae (ducks, mergansers, geese and brant).
(b)Open Seasons. The dates of the open seasons for the various species herein mentioned, the daily bag limits, possession limits, footnotes, and related matters are shown in Table 1.
(c)Hunting Hours.The hunting hours for migratory game birds shall be from 1/2 hour before sunrise to sunset, except that hunting hours for the Early Canada Goose seasons shall be from 1/2 hour before sunrise to 1/2 hour after sunset.
(d)Falconry. Notwithstanding the dates of the open seasons and the bag and possession limits as prescribed in 321 CMR 3.02(2)(b) and Table 1 thereof, ducks and coots may be hunted or taken with falcons by licensed falconers from October 12, 2024 through February 11, 2025 . The bag limits for such falconry hunting shall be three birds daily or nine in possession, singly or in the aggregate, subject to the limitations prescribed in 321 CMR 3.02(2)(b), Table 1, footnotes A through E. Hunting with falconry on Sundays is prohibited.
(e)Restrictions
(f)Loaded shotguns in motor boats. A person may have in his possession or under his control in a motor boat a loaded shotgun while such boat is beached, resting at anchor or fastened within or tied immediately alongside of any type of fixed hunting blind.
(g)Retrieval of dead or crippled birds. A hunter may pick up or retrieve dead or crippled migratory game birds from a craft under power, but shall not shoot any birds from such craft except that wounded or crippled waterfowl or coot may be shot from a powered craft in coastal waters and in waters of rivers and streams seaward of the first upstream bridge.
(h)Harvest information program. No person shall hunt migratory game birds unless such person has completed a Migratory Game Bird Harvest Information Program (H.I.P.) survey as provided for by the U.S. Fish and Wildlife Service pursuant to the Code of Federal Regulations and has proof of completion inscribed on his hunting or sporting license in such a manner as provided for by the Director.
(i)Wampanoag Tribe of Gay Head (Aquinnah). The Wampanoag Tribe of Gay Head (Aquinnah), a federally recognized tribe, may set migratory game bird seasons on Settlement Lands, after consultation with the U.S. Fish and Wildlife Service pursuant to 50 CFR 20.110.
Regulatory Authority: M.G.L. c. 131, § 5. Last Revised: 1-6-23