Session Laws

Be it enacted by the People, and by their authority:

SECTION 1: In order to protect people, domestic animals, and wildlife from the dangers of cruel traps and to facilitate the release of non-targeted animals, the existing language of MASS. GEN. LAWS ch. 131, {80A, shall be deleted and replaced with the following provisions:

{80A. Use of Leghold Traps and Certain Other Devices Restricted.

Notwithstanding any other provision of this chapter, a person shall not use, set, place, maintain, manufacture or possess any trap for the purpose of capturing fur-bearing mammals, except for common type mouse and rat traps, nets, and box or cage type traps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including Hancock or Bailey's type live traps for beavers. Other than nets and common type mouse or rat traps, traps designed to capture and hold a fur-bearing mammal by gripping the mammal's body or body part are prohibited including steel jaw leghold traps, padded leghold traps, conibear traps, and snares.

The above provision shall not apply to the use of prohibited devices by federal and state departments of health for the purpose of protection from threats to human health and safety.

A person or his duly authorized agent may apply to the director for a special permit to use otherwise prohibited traps on property owned by such person. Issuance of such special permits shall be governed by rules and regulations adopted by the director pursuant to chapter thirty A. Such rules and regulations shall include, but not be limited to provisions relative to the following:

The applicant shall apply to the director in writing and shall state that there exists on the property an animal problem which cannot reasonably be abated by the use of traps other than those prohibited by this section, and that he or she has attempted to abate the problem using traps permitted under this section. If the director determines that the applicant has attempted to abate the problem using permissible traps, that the applicant has complied with {37 and {80 of this chapter, if required to do so, and any other laws regarding trapping, and that such an animal problem exists which cannot reasonably be abated by the use of alternative, non-lethal management techniques or of traps other than those prohibited by this section, the director may authorize the use, setting, placing or maintenance of such traps, not including leghold traps, for a period not exceeding thirty days during which time the applicant shall remain in compliance with the procedures for obtaining a special permit as set forth in regulations adopted pursuant to this section.

Whoever violates any provisions of this section, or any rule or regulation made under the authority thereof, shall be punished by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment for each trap possessed, used, set, placed, maintained, or manufactured. Each day of violation shall constitute a separate offense. A person found guilty of, or convicted of, or assessed in any manner after a plea of nolo contendere, or penalized for, a second violation of this section shall surrender to an officer authorized to enforce this chapter any trapping license and/or problem animal control permit issued to him or her and shall be barred forever from obtaining a trapping license and a problem animal control permit.

SECTION 2: In order to end the harassment with dogs of bears which occurs during most of their non-hibernating lives and of bobcats year-round; to eliminate fights between wildlife and dogs where both may be injured; to outlaw hunting methods employed effectively by bear poachers; and to protect the private property rights of landowners who do not want packs of dogs running through their land, a new section in MASS. GEN. LAWS ch. 131 shall be added as follows:

{21A. Certain Unfair Hunting Practices Prohibited.

It shall be unlawful to pursue or hunt bear or bobcat with the aid of a dog or dogs.

It shall be unlawful to hunt bear by the aid of baiting or knowingly to hunt bear in a baited area. "Baiting" means the placing, exposing, depositing, distributing, or scattering of any substance so as to constitute for bears a lure or attraction to areas where hunters are attempting to take them.

The prohibitions on the use of dog(s) and bait may be waived by the director upon written application (1) for the control of individual animals specifically identified as posing a threat to human safety or individual animals that have destroyed livestock, property or crops, and (2) for legitimate scientific research projects that are conducted in a humane manner.

Whoever violates any provisions of this section, or any rule or regulation made under the authority thereof, shall be punished by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment for each violation. A person found guilty of, or convicted of, or assessed in any manner after a plea of nolo contendere, or penalized for, a second violation of this section shall surrender to an officer authorized to enforce this chapter all hunting and dog training licenses and permits issued to him or her and shall be barred forever from obtaining any such licenses and permits.

MASS. GEN. LAWS ch. 131 {21 shall be amended by adding "twenty-one A" to the first sentence as follows:

Except as provided in sections twenty-one A, seventy, eighty-one and eighty-two, nothing in this chapter . . .

SECTION 3: In order to allow for the appointment of qualified citizens of the Commonwealth concerned with wildlife protection who would not otherwise be eligible because of quotas, MASS. GEN. LAWS ch. 21, {7 shall be amended by deleting the following language: "shall hold and have held for at least five consecutive years a sporting license in the commonwealth, four of whom shall represent the fishing, hunting and trapping interests and".

SECTION 4: If any part, section or subdivision of this legislation, or the application thereof, shall be held invalid, unconstitutional or inoperative, as to any particular person, persons or conditions, the remainder thereof, or the application of any such part, section or subdivision to other persons and conditions, shall not be affected thereby.