Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S576 Compare Versions

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22 SENATE DOCKET, NO. 415 FILED ON: 1/13/2025
33 SENATE . . . . . . . . . . . . . . No. 576
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Peter J. Durant
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to outdoor heritage.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Peter J. DurantWorcester and HampshireDavid F. DeCoste5th Plymouth1/23/2025Christopher M. Markey9th Bristol2/7/2025Joseph D. McKenna18th Worcester2/7/2025Ryan C. FattmanWorcester and Hampden3/7/2025 1 of 6
1616 SENATE DOCKET, NO. 415 FILED ON: 1/13/2025
1717 SENATE . . . . . . . . . . . . . . No. 576
1818 By Mr. Durant, a petition (accompanied by bill, Senate, No. 576) of Peter J. Durant, David F.
1919 DeCoste, Christopher M. Markey, Joseph D. McKenna and others for legislation relative to
2020 outdoor heritage. Environment and Natural Resources.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 500 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to outdoor heritage.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 26 of chapter 90B of the General Laws, as appearing in the 2022
3232 2Official Edition, is hereby amended by striking out subsection (g) and inserting in place thereof
3333 3the following subsection:-
3434 4 (g) No person shall carry a firearm, rifle or shotgun on public land during the open season
3535 5for deer, bear or turkey in or on a snow vehicle or recreation vehicle or on a trailer or sled
3636 6attached thereto unless such firearm, rifle or shotgun is unloaded. This section shall not apply to
3737 7a law enforcement officer or other person with enforcement powers authorized in section 32, or
3838 8to a paraplegic as provided in section 65 of chapter 131, or to any person licensed under section
3939 9131 or 131F of chapter 140 carrying a loaded firearm.” 2 of 6
4040 10 SECTION 2. Section 5 of chapter 131 of the General Laws as appearing in the 2022
4141 11Official Edition, is hereby amended by inserting after the second paragraph the following
4242 12paragraph:-
4343 13 The hunting of deer by bow and arrow shall be permitted on any date, including a Sunday
4444 14or legal holiday, that the director declares as an open season for such hunting. Except as
4545 15otherwise provided in the preceding paragraph, an open season declared by the director for the
4646 16hunting of deer by bow and arrow, which open season period occurs in whole or in part, within
4747 17the last 3 months of the calendar year, shall be for a period of not less than 7 days that shall be
4848 18consecutive.
4949 19 SECTION 3. Section 57 of said chapter 131, as so appearing, is hereby amended by
5050 20inserting at the end of the paragraph the following sentence:- Notwithstanding, this section shall
5151 21not prohibit or render unlawful, the hunting of deer by bow and arrow or the carrying on his
5252 22person a bow and arrow for the purpose of hunting deer, during any Sunday declared as an open
5353 23season for such hunting, by the director with the approval of the fisheries and wildlife board.
5454 24 SECTION 4. Said Chapter 131 of the General Laws, as so appearing, is hereby amended
5555 25by striking out section 5C and inserting in place thereof the following section:-
5656 26 Section 5C. The citizens of the commonwealth shall have the right to harvest fish and
5757 27wildlife free from harassment subject to rules and regulations established to maintain sustainable
5858 28and healthy populations of such natural resources.
5959 29 (a) No person shall obstruct, interfere with or otherwise prevent the lawful harvest of fish
6060 30and wildlife by another at any such place in the commonwealth where it is lawful to do so. It
6161 31shall be a violation of this section for a person to intentionally: 3 of 6
6262 32 (1) drive or disturb fish or wildlife for the purpose of interrupting a lawful taking; or
6363 33 (2) block, follow, impede or otherwise harass another who is engaged in the lawful taking
6464 34of fish or wildlife; or
6565 35 (3) use natural or artificial visual, aural, olfactory or physical stimulus to effect wildlife in
6666 36order to hinder or prevent such taking; or
6767 37 (4) erect barriers with the intent to deny ingress or egress to areas where the lawful taking
6868 38of wildlife may occur; or
6969 39 (5) interject himself into the line of fire; or
7070 40 (6) effect the condition or placement of personal or public property intended for use in
7171 41the taking of wildlife; or
7272 42 (7) enter or remain upon public lands, or upon private lands without the permission of the
7373 43owner or his agent, with intent to violate this section; or
7474 44 (8) verbally or physically harass, threaten or other means of intimidation of an
7575 45individual/s lawfully engaged in the harvest fish and wildlife;
7676 46 (9) utilize mechanical aerial devices to drive wildlife, harass, film, photograph or
7777 47otherwise intimidate.
7878 48 A violation of this paragraph shall be punished by imprisonment in a jail or house of
7979 49correction for not more than 1 year or by a fine of not more than $1,000 or both.
8080 50 (b) Any person having caused destruction or otherwise vandalizes equipment utilized,
8181 51directly or indirectly, for the lawful harvest of fish and wildlife including, but not limited to, 4 of 6
8282 52vehicles, blinds, stands, trail cams, fishing gear, boats, etc. shall be punished by imprisonment in
8383 53a jail or house of correction for not more than 2 years or by a fine of not more than $5,000 or
8484 54both.
8585 55 (c) Any person having caused bodily injuries of another that were sustained from any
8686 56type of harassment or vandalism covered under this section shall be punished by imprisonment in
8787 57a jail or house of correction for not more than 5 years or by a fine of not more than $10,000 or
8888 58both.
8989 59 The superior court shall have jurisdiction to issue an injunction to enjoin any such
9090 60conduct or conspiracy in violation of the provisions of this section. A person who sustains
9191 61damage as a result of any act which is in violation of this section may bring a civil action for
9292 62punitive damages in addition to the penalties established herein. Environmental protection
9393 63officers and other law enforcement officers with arrest powers shall be authorized to enforce the
9494 64provisions of this section.
9595 65 (d) Unless authorized by the property owner it shall be unlawful to post land closed, or
9696 66restricted, to the lawful harvest of fish and wildlife. Any person convicted of illegally posting
9797 67land shall be punished by imprisonment in a jail or house of correction for not more than 1 year
9898 68or a fine of not more $1,000 or both.
9999 69 Any fines collected under this section shall be deposited into the Inland Fisheries and
100100 70Game Fund established under section 2C of chapter 131, and may be utilized for the purposes of
101101 71the Hunter Education Program.
102102 72 SECTION 5. Section 64 of said chapter 131 is hereby amended by striking, in the title,
103103 73the word "bows." 5 of 6
104104 74 SECTION 6. Said section 64 of said chapter 131, as so appearing, is hereby further
105105 75amended by striking out, in lines 2 and 3, the words "or any crossbow."
106106 76 SECTION 7. Section 66 of said Chapter 131, as so appearing, is hereby amended by
107107 77striking the title and replacing it with the following:- “Hunting Ammunition”
108108 78 SECTION 8. Said chapter 131 is hereby amended by striking said section 66, as so
109109 79appearing, and inserting in its place thereof the following section:-
110110 80 Section 66. The director, under the control of the board, may promulgate regulations for
111111 81the use and possession of ammunition types for the purposes of hunting.
112112 82 SECTION 9. Said chapter 131 is hereby amended by striking section out section 69, as so
113113 83appearing, and inserting in place thereof the following section:-
114114 84 Section 69. A person shall not carry or use a bow and arrow or crossbow while hunting
115115 85unless said bow and arrow or crossbow meet such requirements as may be set by rules and
116116 86regulations which the director is hereby authorized to promulgate. Such rules and regulations
117117 87shall prescribe general design, weight of pull, and type of bows and arrows or crossbows, and
118118 88shall conform to standards generally accepted for hunting purposes.
119119 89 SECTION 10. Said chapter 131 is hereby amended by striking section out section 70, as
120120 90so appearing, and inserting in place thereof the following section:-
121121 91 Section 70. A person shall not, during the open season when deer may be hunted lawfully
122122 92with a shotgun, hunt a bird or mammal with a rifle, revolver or pistol or by the aid of a dog, or
123123 93have in his possession or under his control in any wood or field, a rifle, revolver or pistol, or a 6 of 6
124124 94dog. Nothing in this section shall be deemed to prohibit the use of dogs to hunt upland game or
125125 95waterfowl as regulated by the division.
126126 96 Notwithstanding the provisions of this section, the director may authorize the use of
127127 97primitive firearms or shotguns with a rifled bore for hunting during any period when deer may be
128128 98hunted by means of a firearm under rules and regulations promulgated in accordance with
129129 99section five.
130130 100 SECTION 11. Section 73 of said Chapter 131 of the General Laws is hereby repealed.
131131 101 SECTION 12. Section 12D of chapter 269 of the General Laws, as appearing in the 2014
132132 102Official Edition, is hereby amended by striking out subsection (b) in its entirety.