Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 2.00 - Miscellaneous Regulations › Section 2.05 - Commercial Shooting Preserves

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
. The purpose of 321 CMR 2.05 is to
			 establish procedural and substantive requirements for the licensing and
			 operation of commercial shooting preserves. A permit to operate a commercial
			 shooting preserve shall entitle the permittee, and his or her clients, guests,
			 or members, to hunt, kill, and take game birds of those species and at those
			 times and in accordance with such conditions as shall be prescribed pursuant to
			 M.G.L. c. 131, § 31, and 321 CMR 2.05. Permittees may charge such fee for
			 membership or admittance to the commercial shooting preserve as they shall
			 determine, subject to provisions of state law.
(2)
Definitions
.
Class A Preserve
means a shooting
				preserve operated on a commercial basis and open to the general public, and on
				which the holder of a permit charges a daily fee for hunting, or a fee for each
				bird killed, or a combination thereof.
Class B Preserve
means a shooting
				preserve operated as a nonprofit shooting preserve or a nonprofit club or
				membership shooting preserve with use limited to members and their
				guests.
Commercial Shooting Preserve
or
Preserve
means a Class A or Class B shooting preserve
				licensed pursuant to M.G.L. c. 131, § 31.
Director
means the Director of the
				Division of Fisheries and Wildlife, or his or her agents.
Environmental Police Officer
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. 21, § 6.
Gender
means, unless the context
				requires otherwise, that words importing the masculine gender shall include the
				feminine and neuter.
Permit
means a permit to operate a
				commercial shooting preserve, including both Class A and Class B preserves,
				issued pursuant to M.G.L. c. 131, § 31.
Person
means any individual,
				partnership, corporation, whether profit or non-profit, firm, business or other
				commercial or non-commercial club, organization, or
				association.
(3)
Application
. A person seeking a commercial shooting
			 preserve permit shall complete a written application on forms supplied by the
			 Director. Applications shall be addressed to: Division of Fisheries and
			 Wildlife, Field Headquarters, 1 Rabbit Hill Road, Westborough, MA 01581, ATTN:
			 Commercial Shooting Preserves.
(4)
Information and Requirements for Application
. All
			 initial applications shall contain the following information:
(a) the name of the individual, organization
			 or group to whom the permit is to be issued;
(b) the name, mailing address and telephone
			 number of the applicant or principal officer or contact person;
(c) the street address or equivalent
			 descriptive location of the preserve and a plot plan thereof;
(d) the total number of acres of the preserve
			 and the acreage of woodland, cultivated land and other land use
			 types;
(e) a statement as to
			 whether the applicant owns or leases the property on which the preserve is
			 located;
(f) if leased, the name
			 and address of the owner and a copy of the lease, which shall therein specify
			 the dates or period for which the property has been leased;
(g) the type of activity to be conducted,
			 whether a public or private preserve;
(h) evidence of the applicant's ability to
			 raise or purchase for liberation those numbers of game birds specified in 321
			 CMR 2.05(14)(d) or (e), as the case may be;
(i) the estimated number of game birds, by
			 species, to be released on the preserve during the period for which the permit
			 is valid;
(j) the date the
			 application was executed;
(k) the
			 applicant's signature, executed under the pains and penalties of perjury;
(l) such other information as the
			 Director may require.