Section 5. The director shall declare an open season on fish, birds, reptiles, amphibians or mammals in any county where such open season seems advisable, and may make rules and regulations relating to the time and length of such open season, bag limits, possession limits, methods of taking, time and methods of reporting and all other matters pertaining to such open season as he may deem necessary and expedient, and may suspend or modify the open season whenever in his opinion such action becomes necessary.
The director shall establish rules and regulations providing for an annual two-day deer hunt for paraplegics and no fee shall be charged for a special hunting license issued to a paraplegic under the provisions of this section. The director shall determine the dates and area for said hunt; provided, however, that no paraplegic deer hunt shall be authorized in any area where hunting is prohibited by any special or general law.
Rules and regulations made under authority of this section shall be subject to the approval of the fisheries and wildlife board as defined in section seven of chapter twenty-one, not less than three members of which, together with the director, shall hold a public hearing with regards thereto, and such rules and regulations shall be subject to the provisions of section thirty-seven of chapter thirty.
The director, without hearing, but with the approval of the fisheries and wildlife board, may adopt regulations declared by him to be emergency regulations necessary for the immediate management or control. Such emergency regulations may be limited in time but shall not remain in effect for a period longer than ninety days.
Except as provided in rules and regulations made under authority of this section, and except as otherwise provided in this chapter, a person shall not fish, hunt or trap or have in his possession any fish, bird, reptile, amphibian, mammal or carcass or part thereof, but this section shall not be construed to prohibit the hunting, taking or possession of any English sparrow, crow, jay, starling, chipmunk, fox, flying squirrel, red squirrel, porcupine, skunk, weasel, wildcat or woodchuck whenever such hunting, taking or possession is otherwise lawful.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIX - Agriculture and Conservation
Chapter 131 - Inland Fisheries and Game and Other Natural Resources
Section 1 - Definitions; Rules of Construction
Section 1a - Division of Fisheries and Wildlife; Board; Members
Section 1b - Removal of Board Members
Section 1c - Conflicts of Interest
Section 1g - Director; Powers and Duties
Section 1h - Bureau of Wildlife Research and Management
Section 1i - Damage by Moose or Deer
Section 2a - Wildland Acquisition Account
Section 2b - Deposit of Revenues; Interest
Section 2c - George L. Darey Inland Fisheries and Game Fund; Funding Sources; Appropriations
Section 3 - Disposition of Fines, Penalties and Forfeitures
Section 4 - Powers of Director
Section 5 - Open Seasons; Rules and Regulations
Section 5b - Natural Heritage and Endangered Species Program; Administration; Advisory Committee
Section 5c - Obstruction or Interference With Lawful Taking of Fish or Wildlife; Remedies
Section 6 - Acquisition of Rights, Privileges, Lands and Properties
Section 7 - Wildlife Sanctuaries; Trusts
Section 8 - Use of Wildlife Sanctuaries and Preserves; Rules and Regulations
Section 9 - Publication of Order Establishing Wildlife Sanctuary; Posting
Section 10 - Hunting or Trapping Within Wildlife Sanctuary
Section 10a - Nature Preserves; Designation
Section 10b - Nature Preserve Council
Section 10c - Release of Nature Preserves
Section 10d - Consultation; Rules and Regulations
Section 11 - Licenses; Requirements; Fees; Trapper Training Courses
Section 12 - Licenses; Issuance; Form; Display
Section 13a - Wildlands Conservation Stamps
Section 15 - Issuance of Special Complimentary Certificate to Officials of Other States
Section 16 - Loss or Destruction of License; Duplicates
Section 17 - Retention of Part of License Fee by Issuing Officer or Person
Section 17a - Municipal Processing Fee for Sale of Licenses
Section 17b - Notice of Intent Not to Sell Licenses
Section 18 - License Record Books; Payment of Monies by Issuing Officer to Director; Surety Bonds
Section 20 - Field Trials for Retriever or Bird Dogs
Section 21 - Training of Hunting Dogs; Field Trials
Section 21a - Unfair Hunting Practices Prohibited
Section 22 - Sale of Fish and Game
Section 22a - Disposition of Deer; Rules and Regulations; Permits; Fees
Section 24 - Dealers' Licenses; Sale for Food Purposes
Section 25 - Possession of Live Birds, Mammals, Reptiles or Amphibians; Sale; Tags; Labels; Accounts
Section 25b - Quarantined Animals; Destruction and Disposal
Section 25c - Quarantined Animals; Prohibited Acts; Penalties
Section 27 - Taxidermists' Licenses; Permits; Accounts; Shipments
Section 28 - Fur Buyers' Licenses; Shipments; Accounts
Section 29 - Natural History Associations and Museums, Zoos
Section 30 - Permits for Netting of Carp and Suckers
Section 31 - Commercial Shooting Preserves; Permits; Licenses
Section 33 - Prohibited Acts; Licenses, Permits, Applications, Certificates, Tags or Seals
Section 34 - Conviction for Violations; Surrender of License, Permit or Certificate
Section 36 - Fishing, Hunting, or Trapping on Private, Posted Land
Section 37 - Killing of Game by Owner or Tenant of Land; Reports
Section 38 - Farmers; Permit to Trap and Kill Birds
Section 39a - Berkshire County; Watershed Resources; Natural Scenic Qualities
Section 40 - Removal, Fill, Dredging or Altering of Land Bordering Waters
Section 40a - Orders Protecting Inland Wetlands
Section 40b - Farmland Advisory Board; Meetings; Advisory Duties
Section 41 - Protection of Fisheries From Discharge of Waste Materials Into Inland Waters
Section 44 - Deposit of Garbage or Trash on Property While Hunting, Fishing or Trapping
Section 45 - Great Ponds; Public Use; Rules and Regulations
Section 46 - Measurement of Ponds
Section 47 - Riparian Proprietors; Enclosure of Waters
Section 48 - Draining of Pond, Reservoir or Other Body of Water
Section 49 - Ponds on State Boundary; Fishing
Section 50 - Methods of Taking Fish; Angling, Nets and Seines, Pots, Spearing, Bow and Arrow
Section 51 - Taking of Trout in Coastal Waters
Section 52 - Taking of Certain Fish for Bait
Section 52a - Commercial Taking of Eels in Inland Waters; Penalties
Section 53 - Fishing With Floats; Toggle Fishing
Section 54 - Fish Traps, Nets and Seines, Hooks
Section 55 - Forfeiture of Net, Seine, or Other Device; Forfeiture of Fish
Section 56 - Special Statutes Relating to Fisheries; Alewife Fisheries
Section 58 - Shooting Upon or Across Highway; Hunting Near Dwelling
Section 59 - Reservations, Parks, Public Lands; Hunting; State Forests
Section 60 - Weapons; Careless or Negligent Use Causing Injury or Death to Another; Report
Section 62 - Weapons; Intoxicating Liquor or Drugs
Section 63 - Loaded Shotgun or Rifle in Motor Vehicle, Aircraft or Motorboat
Section 64 - Automatic Firearms, Machine Guns or Bows; Use of Tracer Ammunition
Section 65 - Hunting From Motor Vehicle, Snowmobile, Aircraft or Watercraft
Section 65a - Online Shooting or Spearing
Section 66 - Shotgun Shells, Load
Section 67 - Rifles, Revolvers and Pistols; Caliber
Section 68 - Hunting With Artificial Light; Swivel or Pivot Gun
Section 69 - Bows and Arrows for Hunting
Section 70 - Hunting With Rifle, Revolver or Pistol, or by the Aid of a Dog; Primitive Firearms
Section 71 - Orange Clothing While Hunting
Section 74 - Bird Nests and Eggs
Section 76 - Removal of Mammal From Hole, or From Under Ledge, Stone or Log
Section 77 - Ferrets; Possession and Use
Section 77a - Wild Canid and Felid Hybrids
Section 78 - Protection of Property by Owner or Tenant; Transportation of Firearms to or From Range
Section 79 - Trap, Net or Snare; Use Restricted
Section 80 - Registration and Identification of Traps
Section 80a - Leghold Traps and Certain Other Devices Restricted; Punishment
Section 81 - Suspension of Open Seasons Because of Fire Hazard
Section 82 - Dogs, Running at Large; Protection of Deer
Section 83 - Sparrows and Starlings
Section 85 - Transportation of Fish or Other Animals Into or Out of Commonwealth
Section 86 - Property Used for Scientific Experiments or Investigations or for Propagation
Section 87 - Arrest Without Warrant; Seizures; Forfeitures
Section 88 - Display of Fish, Game, and Equipment for Inspection
Section 89 - Search Warrants; Seizures and Forfeitures
Section 90a - Suspended or Revoked Foreign Licenses