Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1047 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 783 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1047
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Danillo A. Sena
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 requiring nonlead ammunition when taking wildlife.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/13/2025 1 of 5
16	16	HOUSE DOCKET, NO. 783 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1047
18	18	By Representative Sena of Acton, a petition (accompanied by bill, House, No. 1047) of Danillo
19	19	A. Sena relative to requiring lead free ammunition when taking wildlife. Environment and
20	20	Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 903 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act requiring nonlead ammunition when taking wildlife.
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. Section 3 of chapter 21A of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amending by inserting after the third paragraph the following
33	33	3paragraph:-
34	34	4 The secretary shall compile annually a report providing information on the enforcement
35	35	5of section 5(c) of chapter 131 during the preceding calendar year. The secretary shall submit a
36	36	6copy of such report annually to the joint committee on environment, natural resources and
37	37	7agriculture and make such report available to the public. The report shall include, but not be
38	38	8limited to: 2 of 5
39	39	9 (a)The number of reported violations of section 5(c) of chapter 131, in the
40	40	10commonwealth and by municipality;
41	41	11 (b)An accounting of penalties relating to violations of section 5(c) of chapter 131, in
42	42	12the commonwealth and by municipality; and
43	43	13 (c)Efforts made to enforce section 5(c) of chapter 131, in the commonwealth and by
44	44	14municipality.
45	45	15 SECTION 2. Section 1 of said chapter 131, as so appearing, is hereby amended by
46	46	16inserting after the thirtieth paragraph the following paragraph:-
47	47	17 “Nonlead ammunition”, ammunition containing less than one percent of lead.
48	48	18 SECTION 3. Said chapter 131 is hereby further amended by striking out section 5, as so
49	49	19appearing, and inserting in place thereof the following section:-
50	50	20
51	51	21 Section 5.
52	52	22 (a)The director:
53	53	23 (1)shall declare an open season on fish, birds, reptiles, amphibians or mammals in
54	54	24any county where such open season seems advisable;
55	55	25 (2)may make rules and regulations relating to the time and length of the open season,
56	56	26bag limits, possession limits, methods of taking, time and methods of reporting and all other
57	57	27matters pertaining to the open season as the director may consider necessary and expedient; and 3 of 5
58	58	28 (3)may suspend or modify the open season whenever in the director’s opinion such
59	59	29action becomes necessary.
60	60	30 (b)The director shall establish rules and regulations providing for an annual 2-day
61	61	31deer hunt for persons with paraplegia and no fee shall be charged for a special hunting license
62	62	32issued to a person with paraplegia under the provisions of this section. The director shall
63	63	33determine the dates and area for this hunt; provided, however, that no deer hunt for persons with
64	64	34paraplegia shall be authorized in any area where hunting is prohibited by any special or general
65	65	35law.
66	66	36 (c)Birds or mammals shall only be taken with nonlead ammunition.
67	67	37 (1)The director shall certify compliant ammunition as nonlead ammunition. The
68	68	38director shall establish and update a list of certified ammunition at least annually, including but
69	69	39not limited to, federally approved nontoxic shotgun ammunition.
70	70	40 (2)The director shall notify hunters of this subsection’s requirements, including but
71	71	41not limited to, through publication on the division’s website.
72	72	42 (3)Any person who uses lead ammunition to take a bird or mammal shall be
73	73	43punished by a fine of not less than $100 nor more than $250, or by imprisonment for not more
74	74	44than 30 days, or both such fine and imprisonment.
75	75	45 (4)This subsection shall not apply to government officials or their agents when
76	76	46performing a duty required by law.
77	77	47 (d)Rules and regulations made under authority of this section shall be subject to the
78	78	48approval of the fisheries and wildlife board as defined in section 7 of chapter 21, not less than 3 4 of 5
79	79	49members of which, together with the director, shall hold a public hearing with regards thereto,
80	80	50and such rules and regulations shall be subject to the provisions of section 37 of chapter 30.
81	81	51 (e)The director, without hearing, but with the approval of the fisheries and wildlife
82	82	52board, may adopt regulations declared by the director to be emergency regulations necessary for
83	83	53the immediate management or control. Such emergency regulations may be limited in time but
84	84	54shall not remain in effect for a period longer than 90 days.
85	85	55 (f)Except as provided in rules and regulations made under the authority of this
86	86	56section, and except as otherwise provided in this chapter, a person shall not fish, hunt or trap or
87	87	57have in a person’s possession any fish, bird, reptile, amphibian, mammal or carcass or part
88	88	58thereof, but this section shall not be construed to prohibit the hunting, taking or possession of any
89	89	59English sparrow, crow, jay, starling, chipmunk, fox, flying squirrel, red squirrel, porcupine,
90	90	60skunk, weasel, wildcat or woodchuck whenever such hunting, taking or possession is otherwise
91	91	61lawful.
92	92	62 SECTION 4. Section 90 of said chapter 131, as so appearing, is hereby amended by
93	93	63striking out “Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-
94	94	64five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-
95	95	65seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two,
96	96	66eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof,
97	97	67shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by
98	98	68imprisonment for not more than thirty days, or both such fine and imprisonment” in the first
99	99	69paragraph and inserting in place thereof the following:- 5 of 5
100	100	70 Whoever violates any provision of section 5, 10, 11, 30, 32, 35, 36, 38, 47, 49, 50, 51, 53,
101	101	7154, 57, 58, 59, 62, 69, 71, 72, 80, 82, 83, 84, or 85, or any rule or regulation made under
102	102	72authority thereof, shall be punished by a fine of not less than $100 nor more than $250, or by
103	103	73imprisonment for not more than 30 days, or both such fine and imprisonment;