Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 3.00 - Hunting › Section 3.02 - Hunting, Particular Game

Current through Register 1525, July 5, 2024
(1)
Hunting of Bear
. In accordance with the authority
			 vested in M.G.L. c. 131, § 5, an annual open season for the hunting of
			 black bear in Massachusetts is established, subject to the following rules and
			 regulations:
(a)
Definitions
: For the purposes of
			 321
			 CMR 3.02(1)  and unless the
			 context requires otherwise, the following words and phrases shall have the
			 following meanings:
Bait
means any natural or artificial
				substance including, but not restricted to, shucked or unshucked corn or other
				grains, apples or other fruits or vegetables, honey, molasses, anise or other
				spices, pastries or other breadstuffs, meat or fish products, or any other
				substances or products which may be fed upon, ingested by, or which otherwise
				constitute a nutritive attraction or enticement to bear.
Baited Area
means any area where
				baiting has taken place and such area shall remain a baited area for the period
				from ten days prior to the opening of the September portion of the bear season
				as provided in
				321
				CMR 3.02(1)(b) to 12:00 P.M.
				on the day following the close of the November portion of the bear season as
				provided in
				321
				CMR 3.02(1)(b), all days
				inclusive.
Baiting
means the placement, exposing,
				depositing, distributing, or scattering of any bait or other substance so as to
				constitute for bears a lure or attraction to areas where hunters are attempting
				to take them.
Bow and Arrow
means a bow and arrows
				of the type and design specified for the hunting of deer, bear, and wild turkey
				pursuant to
				321
				CMR 3.01(3).
Caplock
means only a type of gunlock
				that ignites the charge by means of a spark produced by a spring-actuated
				external cock or hammer directly striking a percussion cap which is placed over
				a nipple which transmits the flame of the percussion cap to the powder.
Decoy
means an artificial or natural
				replica or silhouette of a deer, including taxidermy mounts and preparations of
				a like nature as well as live deer held under restraint.
Director
means the director of the
				Division of Fisheries and Wildlife, as specified in M.G.L. c. 21, § 7F
				through 7G, or his agent.
Flintlock
means only a type of gunlock
				that ignites the charge by means of a spark produced by a spring-actuated cock
				or hammer striking a piece of flint against a vertical, pivoted striking
				plate.
Grunt Tube
means a breath-powered,
				mouth-operated, non-electronic calling device which mimics deer vocalizations,
				the purpose of which is to attract deer pursuant to the lawful hunting
				thereof.
Lead Projectile
means a round ball,
				Minie or Maxi bullet, or other spherical or conical projectile composed of
				lead, lead-antimony, or similar alloys. Notwithstanding the foregoing, saboted
				projectiles are lawful, regardless of the composition of the sabots
Loaded from the Muzzle
or
Muzzle-loading
means, with respect to a primitive
				firearm, that all the powder, any wadding, and the projectile are placed in the
				muzzle and forced to the other end of the barrel with the aid of a
				ramrod.
Loaded Primitive Firearm
means a
				primitive firearm which contains a ball or shot in the muzzle and which, in the
				case of a flintlock, contains powder in the flash pan, and, in the case of a
				caplock, has a percussion cap on the nipple.
Online
means a Division of Fisheries
				and Wildlife licensing and game harvest reporting system accessible at
www.ma.gov/orgs/division-of-fisheries-and-wildlife
that allows for automated licensing and game harvest reporting, including
				issuance of an official seal
via
the internet.
Permanent Tree Stand
means that type
				of hunting platform or structure (emplaced for any period of time) which is
				fastened to a tree by nails, bolts, wire, or other fasteners which intrude
				through the bark into the wood of the tree, or, which is fastened or erected in
				any manner and is emplaced for a period exceeding 30 days.
Primitive Firearm
means a flintlock or
				caplock firearm, either rifled or smoothbore, fired from the shoulder and
				loaded from the muzzle, and which has limited range and firepower.
Quabbin Reservoir Area
means those
				parcels of land defined as the Quabbin Reservoir Area pursuant to St. 1972, c.
				737, § 1.
Scent
means an odoriferous substance,
				natural or artificial, which replicates or mimics the natural odor or bodily
				secretions of deer or other wild animals, the purpose of which is to attract
				deer pursuant to the hunting thereof or to mask the body odor or scent of
				humans hunting deer.
Shotgun Deer Season
means that portion
				of the open season prescribed in 321 CMR 3.02(4)(b)3.
Unloaded Primitive Firearm
means a
				primitive firearm which lacks one or more of the components of a loaded
				primitive firearm.
Youth Deer Hunt
means the season,
				which is to occur on the fourth Saturday following Labor Day, when minors 12
				through 17 years of age may hunt deer as provided in M.G.L. c. 131, § 14
				and 321 CMR 3.02(4)(b)5.
Youth Deer Hunt Permit
means a special
				permit issued by the Director exclusively to minors 12 through 17 years of age
				which allows them to hunt for deer during the Youth Deer Hunt.
Zone
or
Zones
means the Massachusetts wildlife management zones as described in
				321
				CMR
				3.02(4)(o).
(b)
Open Season
: The
			 open season shall be in three periods as follows:
1. Beginning the first Tuesday after Labor
			 Day and ending on the third Saturday thereafter;
2. Beginning the first Monday in November and
			 ending the third Saturday thereafter; and
3. During the shotgun deer season as
			 prescribed in
			 321
			 CMR 3.02(4)(b)3.
(c)
Hunting
			 Hours
: A person shall not hunt black bear on any day during the
			 open season except during the period between ½ hour before sunrise and
			 ½ hour after sunset.
(d)
Zone
: Black bears may be hunted in all
			 zones.
(e)
Bag
			 Limit
: A person shall not kill more than one black bear in any
			 calendar year.
(f)
Permit
: A person shall not hunt, kill, or possess a
			 black bear unless he possesses on his person a permit from the Director to do
			 so. A person killing a black bear shall immediately, before transporting or
			 removing the carcass in any manner from where it was killed, complete and
			 attach to the carcass in a conspicuous manner that portion of the permit,
			 hunting license, or equivalent document, designated "bear tag". Said bear tag
			 shall remain attached to the bear until the bear is presented to a duly
			 authorized person or checking station. At this time, the bear tag shall be
			 surrendered upon request to the official agent in charge thereof or shall
			 remain on the bear after being reported online. No person shall possess a
			 detached bear tag except as affixed to a bear as described in
			 321
			 CMR 3.02(1)(f). Tags
			 detached except as provided herein shall be void and shall be surrendered to
			 any officer empowered to enforce M.G.L. c. 131 and 321 CMR.
(g)
Transportation
:
			 A person shall not have in his or her possession or under his or her control in
			 any motor vehicle or otherwise transport the carcass of a bear unless such
			 carcass is open to view, provided that after the bear is tagged with an
			 official seal or a confirmation number having been issued after being reported
			 online is written or printed on the attached tag in accordance with
			 321
			 CMR 3.02(1)(h), the bear may
			 be concealed.
(h)
Harvest Reporting
: Within 48 hours after killing a
			 black bear, its harvest shall be reported to the Division of Fisheries and
			 Wildlife by one of the following means:
1.
Check Station
: The entire carcass shall be presented
			 by the person who killed the black bear to a duly authorized person or bear
			 checking station designated by the Director for the purpose of being recorded
			 and examined for research purposes and to have affixed thereto an official seal
			 in such manner as prescribed by the Director; or
2.
Online Reporting
:
			 The person who killed the black bear shall access the Online system to report
			 the harvest of the black bear. The person shall receive an Online system
			 confirmation number, which shall be the official seal issued by the Division of
			 Fisheries and Wildlife, and record the confirmation number on the tag affixed
			 to the bear as prescribed in
			 321
			 CMR 3.02(1)(f).
3. The official seal shall remain affixed to
			 the black bear until the animal is skinned, cut up, or otherwise prepared for
			 food purposes or for mounting by a taxidermist. The official seal is
			 non-transferable and shall be valid only for the bear or carcass to which it is
			 applied.
4. Any violation of the
			 requirements of
			 321
			 CMR 3.02(1)(h) shall be
			 heard in the District Court for the location where the violation
			 occurred.
(i)
Hunting Implements
.
1. During that period of the open season
			 beginning the first Tuesday in September and ending on the third Saturday
			 thereafter, a person may hunt black bear only by means of: a bow and arrow; or
			 a rifle .23 caliber or larger; or a muzzle-loading firearm, fired from the
			 shoulder and not less than .44 caliber nor greater than .775 caliber; or a
			 revolver chambered to take .357 Magnum cartridges, using only .357 Magnum
			 cartridges, or a revolver chambered .40 caliber or larger.
2. During that period of the open season
			 beginning the first Monday in November and ending the third Saturday
			 thereafter, a person may hunt black bear only by means of a bow and arrow; or a
			 rifle .23 caliber or larger; or a muzzle-loading firearm, fired from the
			 shoulder and not less than .44 caliber nor greater than .775 caliber.
3. During the shotgun deer season, as
			 prescribed in
			 321
			 CMR 3.02(4)(b)3., bear may
			 be hunted by means of a:
a. shotgun not larger
			 than ten gauge, including shotguns with a rifled bore, using a shotgun shell
			 loaded with a rifled slug or single ball;
b. muzzle-loading firearm, fired from the
			 shoulder, .44 to .775 caliber; or
c.
			 bow and arrow.
(j)
Prohibited
:
1. to make, set or use any trap or other
			 device for the purpose of ensnaring, trapping, taking, injuring, or killing a
			 black bear;
2. to hunt or attempt
			 to hunt black bear by baiting;
3.
			 to hunt or pursue or attempt to hunt or pursue black bear with dogs, except as
			 provided in
			 321
			 CMR 2.02;
4. to use or possess while black bear hunting
			 or while accompanying a black bear hunter during any period of the open season
			 as described in
			 321
			 CMR 3.02(1)(b), any
			 radio-telemetry transmitter or receiver, including directional antennas, or any
			 other electronic device designed or intended or adapted for the emitting of an
			 electronic signal. Transmitters, receivers, or antennas carried by or under the
			 control of a person hunting black bear shall be
prima facie
evidence of a violation of
			 321
			 CMR 3.02(1)(j). No person
			 shall, except under permit from the Director pursuant to M.G.L. c. 131,
			 §§ 4 or 23, at any time possess alive any bear, or use at any time
			 any radio-telemetry transmitter, receiver, or similar device with the intent to
			 locate any bear. Nothing in
			 321
			 CMR 3.02(1)(j)  shall be
			 construed to prohibit the use of possession of citizen's band radios or
			 cellular telephones used for verbal communication with other persons.
(k)
Hunter
			 Orange
: During the shotgun deer season, as prescribed in
			 321
			 CMR 3.02(4)(b)3., any person
			 hunting bear shall wear in a conspicuous manner on his or her chest, back and
			 head, a minimum of 500 square inches of clothing or material of a hunter orange
			 color as defined by the Director pursuant to
			 321
			 CMR 3.01(2).