In accordance with the authority vested in M.G.L. c. 131,
§ 5, an annual open season for the hunting of black bear in Massachusetts
is established, subject to the following rules and regulations:
(a)Definitions: For the purposes of
321
CMR
3.02(1) and unless the
context requires otherwise, the following words and phrases shall have the
following meanings:
Bait means any natural or artificial
substance including, but not restricted to, shucked or unshucked corn or other
grains, apples or other fruits or vegetables, honey, molasses, anise or other
spices, pastries or other breadstuffs, meat or fish products, or any other
substances or products which may be fed upon, ingested by, or which otherwise
constitute a nutritive attraction or enticement to bear.
Baited Area means any area where
baiting has taken place and such area shall remain a baited area for the period
from ten days prior to the opening of the September portion of the bear season
as provided in
321
CMR 3.02(1)(b) to 12:00 P.M.
on the day following the close of the November portion of the bear season as
provided in
321
CMR 3.02(1)(b), all days
inclusive.
Baiting means the placement, exposing,
depositing, distributing, or scattering of any bait or other substance so as to
constitute for bears a lure or attraction to areas where hunters are attempting
to take them.
Bow and Arrow means a bow and arrows
of the type and design specified for the hunting of deer, bear, and wild turkey
pursuant to
321
CMR 3.01(3).
Caplock means only a type of gunlock
that ignites the charge by means of a spark produced by a spring-actuated
external cock or hammer directly striking a percussion cap which is placed over
a nipple which transmits the flame of the percussion cap to the powder.
Decoy means an artificial or natural
replica or silhouette of a deer, including taxidermy mounts and preparations of
a like nature as well as live deer held under restraint.
Director means the director of the
Division of Fisheries and Wildlife, as specified in M.G.L. c. 21, § 7F
through 7G, or his agent.
Flintlock means only a type of gunlock
that ignites the charge by means of a spark produced by a spring-actuated cock
or hammer striking a piece of flint against a vertical, pivoted striking
plate.
Grunt Tube means a breath-powered,
mouth-operated, non-electronic calling device which mimics deer vocalizations,
the purpose of which is to attract deer pursuant to the lawful hunting
thereof.
Lead Projectile means a round ball,
Minie or Maxi bullet, or other spherical or conical projectile composed of
lead, lead-antimony, or similar alloys. Notwithstanding the foregoing, saboted
projectiles are lawful, regardless of the composition of the sabots
Loaded from the Muzzle or
Muzzle-loading means, with respect to a primitive
firearm, that all the powder, any wadding, and the projectile are placed in the
muzzle and forced to the other end of the barrel with the aid of a
ramrod.
Loaded Primitive Firearm means a
primitive firearm which contains a ball or shot in the muzzle and which, in the
case of a flintlock, contains powder in the flash pan, and, in the case of a
caplock, has a percussion cap on the nipple.
Online means a Division of Fisheries
and Wildlife licensing and game harvest reporting system accessible at
www.ma.gov/orgs/division-of-fisheries-and-wildlife
that allows for automated licensing and game harvest reporting, including
issuance of an official seal via the internet.
Permanent Tree Stand means that type
of hunting platform or structure (emplaced for any period of time) which is
fastened to a tree by nails, bolts, wire, or other fasteners which intrude
through the bark into the wood of the tree, or, which is fastened or erected in
any manner and is emplaced for a period exceeding 30 days.
Primitive Firearm means a flintlock or
caplock firearm, either rifled or smoothbore, fired from the shoulder and
loaded from the muzzle, and which has limited range and firepower.
Quabbin Reservoir Area means those
parcels of land defined as the Quabbin Reservoir Area pursuant to St. 1972, c.
737, § 1.
Scent means an odoriferous substance,
natural or artificial, which replicates or mimics the natural odor or bodily
secretions of deer or other wild animals, the purpose of which is to attract
deer pursuant to the hunting thereof or to mask the body odor or scent of
humans hunting deer.
Shotgun Deer Season means that portion
of the open season prescribed in 321 CMR 3.02(4)(b)3.
Unloaded Primitive Firearm means a
primitive firearm which lacks one or more of the components of a loaded
primitive firearm.
Youth Deer Hunt means the season,
which is to occur on the fourth Saturday following Labor Day, when minors 12
through 17 years of age may hunt deer as provided in M.G.L. c. 131, § 14
and 321 CMR 3.02(4)(b)5.
Youth Deer Hunt Permit means a special
permit issued by the Director exclusively to minors 12 through 17 years of age
which allows them to hunt for deer during the Youth Deer Hunt.
Zone or Zones
means the Massachusetts wildlife management zones as described in
321
CMR 3.02(4)(o).
(b)Open Season: The open season
shall be in three periods as follows:
1.
Beginning the first Tuesday after Labor Day and ending on the
third Saturday thereafter; and
2.
Beginning the first Monday in November and ending the third
Saturday thereafter.
3. During the
shotgun deer season as prescribed in 321 CMR
3.02(4)(b)(3).
(c)Hunting Hours: A
person shall not hunt black bear on any day during the open season except
during the period between 1/2 hour before sunrise and 1/2 hour after
sunset.
(d)Zone: Black bears may be
hunted in all zones
(e)Bag Limit: A
person shall not kill more than one black bear in any calendar year.
(f) Permit: A person shall not hunt, kill, or
possess a black bear unless he possesses on his person a permit from the
Director to do so. A person killing a black bear shall immediately, before
transporting or removing the carcass in any manner from where it was killed,
complete and attach to the carcass in a conspicuous manner that portion of the
permit, hunting license, or equivalent document, designated "bear tag". Said
bear tag shall remain attached to the bear until the bear is presented to a
duly authorized person or checking station. At this time, the bear tag shall be
surrendered upon request to the official agent in charge thereof or shall
remain on the bear after being reported online. No person shall possess a
detached bear tag except as affixed to a bear as described in 321 CMR
3.02(1)(f). Tags detached except as provided herein shall be void and shall be
surrendered to any officer empowered to enforce M.G.L. c. 131 and 321
CMR.
(g)Transportation: A person
shall not have in his or her possession or under his or her control in any
motor vehicle or otherwise transport the carcass of a bear unless such carcass
is open to view, provided that after the bear is tagged with an official seal
or a confirmation number having been issued after being reported online is
written or printed on the attached tag in accordance with 321 CMR
3.02(1)(h),
the bear may be concealed.
(h)Harvest Reporting: Within 48 hours after
killing a black bear, its harvest shall be reported to the Division of
Fisheries and Wildlife by one of the following means:
1.
Check Station: The entire carcass shall be presented by the person
who killed the black bear to a duly authorized person or bear checking station
designated by the Director for the purpose of being recorded and examined for
research purposes and to have affixed thereto an official seal in such manner
as prescribed by the Director; or
2.
Online Reporting: The person who killed the black bear shall
access the Online system to report the harvest of the black bear. The person
shall receive an Online system confirmation number, which shall be the official
seal issued by the Division of Fisheries and Wildlife, and record the
confirmation number on the tag affixed to the bear as prescribed in 321 CMR
3.02(1)(f)
3. The official seal
shall remain affixed to the black bear until the animal is skinned, cut up, or
otherwise prepared for food purposes or for mounting by a taxidermist. The
official seal is non-transferable and shall be valid only for the bear or
carcass to which it is applied. 4. Any violation of the requirements of 321 CMR
3.02(1)(h) shall be heard in the District Court for the location where the
violation occurred.
(i)Hunting Implements.
1.
During that period of the open season beginning the first Tuesday
in September and ending on the third Saturday thereafter, a person may hunt
black bear only by means of: a bow and arrow; or a rifle .23 caliber or larger;
or a muzzle-loading firearm, fired from the shoulder and not less than .44
caliber nor greater than .775 caliber; or a revolver chambered to take .357
Magnum cartridges, using only .357 Magnum cartridges, or a revolver chambered
.40 caliber or larger.
2. During
that period of the open season beginning the first Monday in November and
ending the third Saturday thereafter, a person may hunt black bear only by
means of a bow and arrow; or a rifle .23 caliber or larger; or a muzzle-loading
firearm, fired from the shoulder and not less than .44 caliber nor greater than
.775 caliber.
3. During the shotgun
deer season, as prescribed in 321 CMR
3.02(4)(b)(3), bear may be hunted by
means of a:
a)shotgun not larger than ten
gauge, including shotguns with a rifled bore, using a shotgun shell loaded with
a rifled slug or single ball
b)muzzle-loading firearm, fired from the
shoulder, .44 to .775 caliber, or
c)bow and
arrow.
(j)Prohibited:
1.
to make, set or use any trap or other device for the purpose of
ensnaring, trapping, taking, injuring, or killing a black bear;
2. to hunt or attempt to hunt black bear by
baiting;
3. to hunt or pursue or
attempt to hunt or pursue black bear with dogs, except as provided in 321 CMR
2.02;
4. to use or possess while
black bear hunting or while accompanying a black bear hunter during any period
of the open season as described in 321 CMR
3.02(1)(b), any radio-telemetry
transmitter or receiver, including directional antennas, or any other
electronic device designed or intended or adapted for the emitting of an
electronic signal. Transmitters, receivers, or antennas carried by or under the
control of a person hunting black bear shall be prima facie evidence of a
violation of 321 CMR
3.02(1)(j). No person shall, except under permit from the
Director pursuant to M.G.L. c. 131, §§ 4 or 23, at any time possess
alive any bear, or use at any time any radio-telemetry transmitter, receiver,
or similar device with the intent to locate any bear. Nothing in 321 CMR
3.02(1)(j) shall be construed to prohibit the use of possession of citizen's
band radios or cellular telephones used for verbal communication with other
persons.
(k)Hunter
Orange:
1. During the shotgun deer season, as
prescribed in 321 CMR
3.02(4)(b)(3), any person hunting bear shall wear in a
conspicuous manner on his or her chest, back and head, a minimum of 500 square
inches of clothing or material of a hunter orange color as defined by the
Director pursuant to 321 CMR
3.01(2).
Notes
Amended by
Mass
Register Issue 1268, eff. 8/29/2014.
Amended by
Mass
Register Issue 1288, eff. 6/5/2015.
Amended by
Mass
Register Issue 1292, eff. 7/31/2015.
Amended by
Mass
Register Issue 1294, eff. 8/28/2015.
Amended by
Mass
Register Issue 1312, eff.
5/6/2016.
Amended by
Mass
Register Issue 1320, eff.
8/26/2016.
Amended by
Mass
Register Issue 1338, eff.
5/5/2017.
Amended by
Mass
Register Issue 1345, eff.
8/11/2017.
Amended by
Mass
Register Issue 1356, eff.
1/12/2018.
Amended by
Mass
Register Issue 1364, eff.
5/4/2018.
Amended by
Mass
Register Issue 1369, eff.
7/13/2018.
Amended by
Mass
Register Issue 1382, eff.
1/11/2019.
Amended by
Mass
Register Issue 1389, eff.
7/13/2018.
Amended by
Mass
Register Issue 1390, eff.
5/3/2019.
Amended by
Mass
Register Issue 1404, eff.
11/15/2019.
Amended by
Mass
Register Issue 1418, eff.
5/29/2020.
Amended by
Mass
Register Issue 1421, eff.
7/10/2020.
Amended by
Mass
Register Issue 1445, eff.
6/11/2021.
Amended by
Mass
Register Issue 1457, eff.
11/26/2021.
Amended by
Mass
Register Issue 1470, eff.
5/27/2022.
Amended by
Mass
Register Issue 1473, eff.
5/27/2022.
Amended by
Mass
Register Issue 1486, eff.
1/6/2023.
Amended by
Mass
Register Issue 1489, eff.
1/6/2023.
Amended by
Mass
Register Issue 1499, eff.
7/7/2023.
Amended by
Mass
Register Issue 1502, eff.
7/7/2023.
Amended by
Mass
Register Issue 1510, eff.
12/8/2023.
Amended by
Mass
Register Issue 1522, eff.
5/24/2024.
Amended by
Mass
Register Issue 1525, eff.
5/24/2024.
Regulatory Authority: M.G.L. c. 131, § 5.
Last Revised: 1/6/23.
