Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S492 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 29 FILED ON: 1/10/2023
3	3	SENATE . . . . . . . . . . . . . . No. 492
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Anne M. Gobi
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act conserving our natural resources.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireVanna Howard17th Middlesex2/1/2023 1 of 4
16	16	SENATE DOCKET, NO. 29 FILED ON: 1/10/2023
17	17	SENATE . . . . . . . . . . . . . . No. 492
18	18	By Ms. Gobi, a petition (accompanied by bill, Senate, No. 492) of Anne M. Gobi and Vanna
19	19	Howard for legislation to regulate the use of trapping devices to take beaver and muskrat.
20	20	Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 554 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act conserving our natural resources.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 131 of the Massachusetts General Laws is hereby amended by
32	32	2striking the first and second paragraphs of Section 80A in their entirety and inserting in place
33	33	3thereof the following:
34	34	4 Section 80A. Notwithstanding any other provision of this chapter, a person shall not use,
35	35	5set, place or maintain any trap for the purpose of capturing furbearing mammals, except for
36	36	6common type mouse and rat traps, nets, and box or cage type traps, as otherwise permitted by
37	37	7law. A box or cage type trap is one that confines the whole animal without grasping any part of
38	38	8the animal, including Hancock or Bailey’s type live trap for beavers. Other than nets and
39	39	9common type mouse or rat traps, traps designed to capture and hold a furbearing mammal by 2 of 4
40	40	10gripping the mammal’s body, or body part are prohibited, including steel jaw leghold traps,
41	41	11padded leghold traps, and lethal snares.
42	42	12 The above provision remains in effect in its entirety, with the exception for use;
43	43	13“Conibear®” style traps, non-lethal cable restraints, “dog proof” foot encapsulation restraints or
44	44	14other devices designed not to the harm the animal by state departments of health, departments of
45	45	15fish and game or municipal boards of health, or their agents for the purpose of protection from or
46	46	16alleviation of threats to human health and safety, the conduct of scientific research, the protection
47	47	17of state or federally listed endangered or threatened species; or, between the months of
48	48	18November and April inclusive, for the management of wildlife classified as furbearers by the
49	49	19Division of Fisheries and Wildlife, at times and according to regulations and restrictions set forth
50	50	20by the Division by qualified, licensed individuals. A threat to human health and safety may
51	51	21include, but shall not be limited to:
52	52	22 (a) beaver or muskrat occupancy of a public water supply;
53	53	23 (b) beaver or muskrat-caused flooding of drinking water wells, well fields or water
54	54	24pumping stations;
55	55	25 (c) beaver or muskrat-caused flooding of sewage beds, septic systems or sewage pumping
56	56	26stations;
57	57	27 (d) beaver or muskrat-caused flooding of a public or private way, driveway, railway or
58	58	28airport runway or taxi-way; 3 of 4
59	59	29 (e) beaver or muskrat-caused flooding of electrical or gas generation plants or
60	60	30transmission or distribution structures or facilities, telephone or other communications facilities
61	61	31or other public utilities;
62	62	32 (f) beaver or muskrat-caused flooding affecting the public use of hospitals, emergency
63	63	33clinics, nursing homes, homes for the elderly or fire stations;
64	64	34 (g) beaver or muskrat-caused flooding affecting hazardous waste sites or facilities,
65	65	35incineration or resource recovery plants or other structures or facilities whereby flooding may
66	66	36result in the release or escape of hazardous or noxious materials or substances;
67	67	37 (h) the gnawing, chewing, entering, or damage to electrical or gas generation,
68	68	38transmission or distribution equipment, cables, alarm systems or facilities by any beaver or
69	69	39muskrat;
70	70	40 (i) beaver or muskrat-caused flooding or structural instability on property owned by the
71	71	41applicant if such animal problem poses an imminent threat of substantial property damage or
72	72	42income loss, which shall be limited to: (1) flooding of residential, commercial, industrial or
73	73	43commercial buildings or facilities; (2) flooding of or access to commercial agricultural lands
74	74	44which prevents normal agricultural practices from being conducted on such lands; (3) reduction
75	75	45in the production of an agricultural crop caused by flooding or compromised structural stability
76	76	46of commercial agricultural lands; (4) flooding of residential lands in which the municipal board
77	77	47of health, its chair or agent or the state or federal department of health has determined a threat to
78	78	48human health and safety exists. The department of environmental protection shall make any
79	79	49determination of a threat to a public water supply. 4 of 4
80	80	50 SECTION 2. Said section 80A of said chapter 131 is hereby amended by striking the
81	81	51third paragraph in its entirety and inserting in place thereof the following:
82	82	52 An applicant or his duly authorized agent may apply to the municipal board of health for
83	83	53an emergency permit to immediately alleviate a threat to human health and safety, as defined in
84	84	54the previous paragraph. If the municipal board of health determines that such a threat exists, it
85	85	55shall immediately issue said emergency permit to alleviate the existing threat to human health
86	86	56and safety, for a period not exceeding ten days. If a denial is given to said application, it shall be
87	87	57remitted, in writing to the applicant within ten (10) days of the date of application. Further, said
88	88	58denial will accompany instructions which shall explain the applicants rights and privileges for
89	89	59appeal of said denial to the state Division of Fisheries and Wildlife. If the state Division of
90	90	60Fisheries and Wildlife or director determines that such a threat exists, it shall immediately issue
91	91	61said emergency permit to alleviate the existing threat to human health and safety, for a period not
92	92	62exceeding ten days.
93	93	63 SECTION 2. Section 80A of Chapter 131 of the General Laws, as appearing in the 2022
94	94	64Official Edition, is hereby amended by adding at the end thereof, the following new paragraph: -
95	95	65 Any person issued a permit as provided by this section shall, within thirty days of the
96	96	66expiration of such permit or extension of same shall report to the director of the division of
97	97	67fisheries and wildlife, on a form approved by said director, the municipality of which the request
98	98	68was made, the name of the property owner, address of the property threatened, the name of
99	99	69authorized agent, method used to alleviate the problem, and the number, by species, of animals
100	100	70taken pursuant to the permit, and other information deemed necessary by the director.