Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 2.00 - Miscellaneous Regulations › Section 2.02 - Permits to Take or Possess

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purposes of 321 CMR 2.02, and
			 unless the context requires otherwise, the following words shall have the
			 following meanings:
Board
means the Fisheries and Wildlife
				Board established pursuant to M.G.L. c. 21, § 7.
Director
means the Director of the
				Division of Fisheries and Wildlife.
Person
means any named individual,
				partnership, corporation, whether profit or non-profit, firm, business, or
				other commercial or non-commercial entity, club, organization, or
				association.
(2)
Authority of Director
. In accordance with the
			 provisions of M.G.L. c. 131, § 4(2), the director may take or in writing
			 authorize employees of the Division of Fisheries and Wildlife or other persons
			 to take and possess fish, fish spawn, birds, the nest and eggs thereof,
			 mammals, reptiles and amphibians at any time or in any manner for the purposes
			 of observation, research, control or management, and, in his or her discretion,
			 excuse certain persons so authorized from any licensing provision of M.G.L. c.
			 131.
(3)
Scope
. The provisions of 321 CMR 2.02 set forth
			 certain special permits which may be granted pursuant to M.G.L. c. 131, §
			 4(2) and establish procedures for the granting of special permits or exemptions
			 to certain classes of persons. 321 CMR 2.02 does not apply to permits or
			 licenses issued pursuant to other provisions of M.G.L. c. 131 or c.
			 131A.
(4)
Categories of
			 Permits
. Permits which may be issued pursuant to M.G.L. c. 131,
			 § 4(2) may include, but not be limited to, bird-banding, salvage, and
			 scientific collecting permits, or letter permits incorporating specialized
			 authorizations. The director may establish reasonable standards and conditions
			 for each category of special permit, consistent with the intent and purpose of
			 the permit, and such standards and conditions shall be construed as limiting
			 the authority of the permit to such extent. The director may further require a
			 permittee to keep certain records or submit certain reports as a condition of
			 the permit, or renewal thereof, and failure to keep or submit such records or
			 reports, when required, may be cause for suspension, revocation, or non-renewal
			 of the permit.
(5)
Exceptions
. Notwithstanding the provisions of 321 CMR
			 2.02(4), wildlife rehabilitation permits shall be administered in accordance
			 with
			 321 CMR
			 2.13 and problem animal control permits in
			 accordance with
			 321 CMR
			 2.14.
(6)
Beaver Dams
.
			 Beaver are aquatic mammals which depend on impounded water as an essential part
			 of their life cycle. Beaver construct dams from natural materials to provide
			 such impounded water where not existing naturally in proximity to their food
			 supply. The destruction or damaging of a beaver dam therefore may cause harm to
			 or loss of the beavers inhabiting the water impounded by the dam. This
			 destruction or damage, when caused by humans, is construed to constitute a take
			 of the beavers harmed, or potentially harmed, by such action. The destruction,
			 altering, or damage of a beaver dam as defined in
			 321 CMR
			 3.02(5)(a):
Definitions
is prohibited without a permit to do so. The
			 director is authorized to issue such permit, when, in his judgement, such
			 permit is necessary to avoid harm to essential human interests including, but
			 not limited to, flooding of roads, structures, septic systems, agricultural
			 crops, and wellfields, or the cutting of ornamental or fruit-bearing
			 trees.
(7)
Requirements
			 for Group Permits and Exemptions
. The director may, subject to
			 federal law, issue a permit to any group or class of persons to take or possess
			 fish, fish spawn, amphibians, reptiles, birds, the nest or eggs thereof,
			 mammals, or invertebrates, or may issue an exemption for the taking thereof or
			 for the manner, time or purpose of taking or other related requirements, in
			 accordance with 321 CMR 2.02(8). Such permit or exemption may provide that such
			 group or class of persons are authorized to engage in the specified activity,
			 or to be exempted from certain requirements, as the case may be, by expanding
			 the authority of such other permit or license as may be held by such persons.
			 Alternatively, the director may determine that a notice published in the
			 Massachusetts Register shall constitute the permit or exemption for those
			 persons so authorized or exempted and such persons shall not be required to
			 receive a individual permit to engage in the specified activity or exemption.
			 In the case of 321 CMR 2.02(8)(d) and (e), the director may determine in
			 writing, subject to the provisions of 321 CMR 2.02(9) and (10) that no permit
			 is required to engage in certain specified activities. The provisions of 321
			 CMR 2.02(7) shall not be construed to limit the issuance of group fishing
			 permits to the head of a veteran's hospital or to the administration of a
			 publicly supported school for the mentally retarded, as provided for in M.G.L.
			 c. 131, § 13.
(8)
Determination
. The director may issue a permit or make
			 a determination pursuant to 321 CMR 2.02(7) if:
(a) the proposed activity is necessary or
			 appropriate to preserve, protect, or enhance the public health or
			 welfare;
(b) the proposed activity
			 is necessary or appropriate to preserve, protect or enhance the health offish,
			 birds, amphibians, reptiles, birds, mammals, or invertebrates;
(c) the proposed activity is necessary or
			 appropriate as a part of research or management of fish, amphibians, reptiles,
			 birds, mammals, or invertebrates;
(d) the proposed activity is necessary or
			 appropriate as part of observation or inventory of fish, amphibians, reptiles,
			 birds, mammals, or invertebrates;
(e) the proposed activity is necessary or
			 appropriate to promote interest in or understanding of fish, amphibians,
			 reptiles, birds, mammals, or invertebrates.