SENATE DOCKET, NO. 1945        FILED ON: 4/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2028

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Benjamin B. Downing

_________________

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 relative to the feeding of wildlife.

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PETITION OF:

 

Name:

District/Address:

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

Gailanne M. Cariddi

1st Berkshire


SENATE DOCKET, NO. 1945        FILED ON: 4/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2028

By Mr. Downing, a petition (subject to Joint Rule 12) (accompanied by bill, Senate, No. 2028) of Benjamin B. Downing and Gailanne Cariddi for legislation relative to the feeding of wildlife.  Environment, Natural Resources and Agriculture.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 392 OF 2009-2010.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to the feeding of wildlife.

 

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 General Laws is hereby amended by inserting after section 25C the following section:-

Section 25D.  The director, with the approval of the fisheries and wildlife board, may make such rules and regulations relating to the direct or indirect feeding of birds and mammals as he shall deem necessary and expedient.  For the first offense thereof, a person shall be notified in writing by the director or an environmental police officer.  Whenever a person has been so notified and commits a subsequent offense, it shall be prima facie evidence that the offense was done with the knowledge and consent of such person, who shall be punished as provided in section 10H of chapter 21A of the General Laws.

        SECTION 2. Section 10H of chapter 21A of the General Laws is hereby amended by adding, after the seventh paragraph, the following:-

A person notified to appear before the clerk of a district court as provided in said section 10G for a second violation of section 25D of chapter 131 may so appear and pay a fine of $50.  A person notified to so appear as provided in said section 10G for a third or subsequent violation of section 25D of chapter 131 of the General Laws may so appear and pay a fine of $100.