1 | 1 | | 1 of 1 |
---|
2 | 2 | | SENATE DOCKET, NO. 415 FILED ON: 1/13/2025 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 576 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Peter J. Durant |
---|
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 relative to outdoor heritage. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | 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 |
---|
16 | 16 | | SENATE DOCKET, NO. 415 FILED ON: 1/13/2025 |
---|
17 | 17 | | SENATE . . . . . . . . . . . . . . No. 576 |
---|
18 | 18 | | By Mr. Durant, a petition (accompanied by bill, Senate, No. 576) of Peter J. Durant, David F. |
---|
19 | 19 | | DeCoste, Christopher M. Markey, Joseph D. McKenna and others for legislation relative to |
---|
20 | 20 | | outdoor heritage. Environment and Natural Resources. |
---|
21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
---|
22 | 22 | | SEE SENATE, NO. 500 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 relative to outdoor heritage. |
---|
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 26 of chapter 90B of the General Laws, as appearing in the 2022 |
---|
32 | 32 | | 2Official Edition, is hereby amended by striking out subsection (g) and inserting in place thereof |
---|
33 | 33 | | 3the following subsection:- |
---|
34 | 34 | | 4 (g) No person shall carry a firearm, rifle or shotgun on public land during the open season |
---|
35 | 35 | | 5for deer, bear or turkey in or on a snow vehicle or recreation vehicle or on a trailer or sled |
---|
36 | 36 | | 6attached thereto unless such firearm, rifle or shotgun is unloaded. This section shall not apply to |
---|
37 | 37 | | 7a law enforcement officer or other person with enforcement powers authorized in section 32, or |
---|
38 | 38 | | 8to a paraplegic as provided in section 65 of chapter 131, or to any person licensed under section |
---|
39 | 39 | | 9131 or 131F of chapter 140 carrying a loaded firearm.” 2 of 6 |
---|
40 | 40 | | 10 SECTION 2. Section 5 of chapter 131 of the General Laws as appearing in the 2022 |
---|
41 | 41 | | 11Official Edition, is hereby amended by inserting after the second paragraph the following |
---|
42 | 42 | | 12paragraph:- |
---|
43 | 43 | | 13 The hunting of deer by bow and arrow shall be permitted on any date, including a Sunday |
---|
44 | 44 | | 14or legal holiday, that the director declares as an open season for such hunting. Except as |
---|
45 | 45 | | 15otherwise provided in the preceding paragraph, an open season declared by the director for the |
---|
46 | 46 | | 16hunting of deer by bow and arrow, which open season period occurs in whole or in part, within |
---|
47 | 47 | | 17the last 3 months of the calendar year, shall be for a period of not less than 7 days that shall be |
---|
48 | 48 | | 18consecutive. |
---|
49 | 49 | | 19 SECTION 3. Section 57 of said chapter 131, as so appearing, is hereby amended by |
---|
50 | 50 | | 20inserting at the end of the paragraph the following sentence:- Notwithstanding, this section shall |
---|
51 | 51 | | 21not prohibit or render unlawful, the hunting of deer by bow and arrow or the carrying on his |
---|
52 | 52 | | 22person a bow and arrow for the purpose of hunting deer, during any Sunday declared as an open |
---|
53 | 53 | | 23season for such hunting, by the director with the approval of the fisheries and wildlife board. |
---|
54 | 54 | | 24 SECTION 4. Said Chapter 131 of the General Laws, as so appearing, is hereby amended |
---|
55 | 55 | | 25by striking out section 5C and inserting in place thereof the following section:- |
---|
56 | 56 | | 26 Section 5C. The citizens of the commonwealth shall have the right to harvest fish and |
---|
57 | 57 | | 27wildlife free from harassment subject to rules and regulations established to maintain sustainable |
---|
58 | 58 | | 28and healthy populations of such natural resources. |
---|
59 | 59 | | 29 (a) No person shall obstruct, interfere with or otherwise prevent the lawful harvest of fish |
---|
60 | 60 | | 30and wildlife by another at any such place in the commonwealth where it is lawful to do so. It |
---|
61 | 61 | | 31shall be a violation of this section for a person to intentionally: 3 of 6 |
---|
62 | 62 | | 32 (1) drive or disturb fish or wildlife for the purpose of interrupting a lawful taking; or |
---|
63 | 63 | | 33 (2) block, follow, impede or otherwise harass another who is engaged in the lawful taking |
---|
64 | 64 | | 34of fish or wildlife; or |
---|
65 | 65 | | 35 (3) use natural or artificial visual, aural, olfactory or physical stimulus to effect wildlife in |
---|
66 | 66 | | 36order to hinder or prevent such taking; or |
---|
67 | 67 | | 37 (4) erect barriers with the intent to deny ingress or egress to areas where the lawful taking |
---|
68 | 68 | | 38of wildlife may occur; or |
---|
69 | 69 | | 39 (5) interject himself into the line of fire; or |
---|
70 | 70 | | 40 (6) effect the condition or placement of personal or public property intended for use in |
---|
71 | 71 | | 41the taking of wildlife; or |
---|
72 | 72 | | 42 (7) enter or remain upon public lands, or upon private lands without the permission of the |
---|
73 | 73 | | 43owner or his agent, with intent to violate this section; or |
---|
74 | 74 | | 44 (8) verbally or physically harass, threaten or other means of intimidation of an |
---|
75 | 75 | | 45individual/s lawfully engaged in the harvest fish and wildlife; |
---|
76 | 76 | | 46 (9) utilize mechanical aerial devices to drive wildlife, harass, film, photograph or |
---|
77 | 77 | | 47otherwise intimidate. |
---|
78 | 78 | | 48 A violation of this paragraph shall be punished by imprisonment in a jail or house of |
---|
79 | 79 | | 49correction for not more than 1 year or by a fine of not more than $1,000 or both. |
---|
80 | 80 | | 50 (b) Any person having caused destruction or otherwise vandalizes equipment utilized, |
---|
81 | 81 | | 51directly or indirectly, for the lawful harvest of fish and wildlife including, but not limited to, 4 of 6 |
---|
82 | 82 | | 52vehicles, blinds, stands, trail cams, fishing gear, boats, etc. shall be punished by imprisonment in |
---|
83 | 83 | | 53a jail or house of correction for not more than 2 years or by a fine of not more than $5,000 or |
---|
84 | 84 | | 54both. |
---|
85 | 85 | | 55 (c) Any person having caused bodily injuries of another that were sustained from any |
---|
86 | 86 | | 56type of harassment or vandalism covered under this section shall be punished by imprisonment in |
---|
87 | 87 | | 57a jail or house of correction for not more than 5 years or by a fine of not more than $10,000 or |
---|
88 | 88 | | 58both. |
---|
89 | 89 | | 59 The superior court shall have jurisdiction to issue an injunction to enjoin any such |
---|
90 | 90 | | 60conduct or conspiracy in violation of the provisions of this section. A person who sustains |
---|
91 | 91 | | 61damage as a result of any act which is in violation of this section may bring a civil action for |
---|
92 | 92 | | 62punitive damages in addition to the penalties established herein. Environmental protection |
---|
93 | 93 | | 63officers and other law enforcement officers with arrest powers shall be authorized to enforce the |
---|
94 | 94 | | 64provisions of this section. |
---|
95 | 95 | | 65 (d) Unless authorized by the property owner it shall be unlawful to post land closed, or |
---|
96 | 96 | | 66restricted, to the lawful harvest of fish and wildlife. Any person convicted of illegally posting |
---|
97 | 97 | | 67land shall be punished by imprisonment in a jail or house of correction for not more than 1 year |
---|
98 | 98 | | 68or a fine of not more $1,000 or both. |
---|
99 | 99 | | 69 Any fines collected under this section shall be deposited into the Inland Fisheries and |
---|
100 | 100 | | 70Game Fund established under section 2C of chapter 131, and may be utilized for the purposes of |
---|
101 | 101 | | 71the Hunter Education Program. |
---|
102 | 102 | | 72 SECTION 5. Section 64 of said chapter 131 is hereby amended by striking, in the title, |
---|
103 | 103 | | 73the word "bows." 5 of 6 |
---|
104 | 104 | | 74 SECTION 6. Said section 64 of said chapter 131, as so appearing, is hereby further |
---|
105 | 105 | | 75amended by striking out, in lines 2 and 3, the words "or any crossbow." |
---|
106 | 106 | | 76 SECTION 7. Section 66 of said Chapter 131, as so appearing, is hereby amended by |
---|
107 | 107 | | 77striking the title and replacing it with the following:- “Hunting Ammunition” |
---|
108 | 108 | | 78 SECTION 8. Said chapter 131 is hereby amended by striking said section 66, as so |
---|
109 | 109 | | 79appearing, and inserting in its place thereof the following section:- |
---|
110 | 110 | | 80 Section 66. The director, under the control of the board, may promulgate regulations for |
---|
111 | 111 | | 81the use and possession of ammunition types for the purposes of hunting. |
---|
112 | 112 | | 82 SECTION 9. Said chapter 131 is hereby amended by striking section out section 69, as so |
---|
113 | 113 | | 83appearing, and inserting in place thereof the following section:- |
---|
114 | 114 | | 84 Section 69. A person shall not carry or use a bow and arrow or crossbow while hunting |
---|
115 | 115 | | 85unless said bow and arrow or crossbow meet such requirements as may be set by rules and |
---|
116 | 116 | | 86regulations which the director is hereby authorized to promulgate. Such rules and regulations |
---|
117 | 117 | | 87shall prescribe general design, weight of pull, and type of bows and arrows or crossbows, and |
---|
118 | 118 | | 88shall conform to standards generally accepted for hunting purposes. |
---|
119 | 119 | | 89 SECTION 10. Said chapter 131 is hereby amended by striking section out section 70, as |
---|
120 | 120 | | 90so appearing, and inserting in place thereof the following section:- |
---|
121 | 121 | | 91 Section 70. A person shall not, during the open season when deer may be hunted lawfully |
---|
122 | 122 | | 92with a shotgun, hunt a bird or mammal with a rifle, revolver or pistol or by the aid of a dog, or |
---|
123 | 123 | | 93have in his possession or under his control in any wood or field, a rifle, revolver or pistol, or a 6 of 6 |
---|
124 | 124 | | 94dog. Nothing in this section shall be deemed to prohibit the use of dogs to hunt upland game or |
---|
125 | 125 | | 95waterfowl as regulated by the division. |
---|
126 | 126 | | 96 Notwithstanding the provisions of this section, the director may authorize the use of |
---|
127 | 127 | | 97primitive firearms or shotguns with a rifled bore for hunting during any period when deer may be |
---|
128 | 128 | | 98hunted by means of a firearm under rules and regulations promulgated in accordance with |
---|
129 | 129 | | 99section five. |
---|
130 | 130 | | 100 SECTION 11. Section 73 of said Chapter 131 of the General Laws is hereby repealed. |
---|
131 | 131 | | 101 SECTION 12. Section 12D of chapter 269 of the General Laws, as appearing in the 2014 |
---|
132 | 132 | | 102Official Edition, is hereby amended by striking out subsection (b) in its entirety. |
---|