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