FILED ON: 1/24/2012

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3315

The Commonwealth of Massachusetts

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In the Year Two Thousand Twelve

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An Act valuing our natural resources.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 131 of the Massachusetts General Laws is hereby amended by striking the first and second paragraphs of Section 80A in their entirety and inserting in place thereof the following:

Section 80A. Notwithstanding any other provision of this chapter, a person shall not use, set, place or maintain any trap for the purpose of capturing furbearing mammals, except for common type mouse and rat traps, nets, and box or cage type traps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including Hancock or Bailey’s type live trap for beavers. Other than nets and common type mouse or rat traps, traps designed to capture and hold a furbearing mammal by gripping the mammal’s body, or body part are prohibited, including steel jaw leghold traps, padded leghold traps, and snares.

The above provision shall not apply to the use of prohibited devices by federal and state departments of health, wildlife management agencies or divisions or municipal boards of health for the purpose of protection from threats to human health and safety or for the management of furbearing wildlife during their established regulated seasons.  The uses of prohibited devices are subject to the regulations and restrictions promulgated by the Massachusetts Division of Fisheries & Wildlife. A threat to human health and safety may include, but shall not be limited to:

SECTION 2.  Section 80A of Chapter 131 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding at the end thereof, the following new paragraph: -

Any person issued a permit as provided by this section shall, within thirty days of the expiration of such permit or extension of same shall report to the director of the division of fisheries and wildlife, on a form approved by said director, the municipality of which the request was made, the name of the property owner, address of the property threatened, the name of authorized agent, method used to alleviate the problem, and the number and species of animals taken pursuant to the permit, and other information deemed necessary by the director.