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The 193rd General Court of the Commonwealth of Massachusetts

Section 37: Killing of game by owner or tenant of land; reports

Section 37. An owner or tenant of land or, if authorized by such owner or tenant, any member of his immediate family or his employee, as defined pursuant to section one of chapter sixty-two B, may, upon such land:—

(1) kill or attempt to kill, by means other than poisoning or trapping, any wild bird damaging his property, including domesticated animals, poultry and game on game-rearing farms or preserves, provided that such killing is not contrary to any federal law, rule or regulation.

(2) hunt or take by other means, except by poison or snare, any mammal which he finds damaging his property except grass growing on uncultivated land. No such owner or tenant shall authorize any person, other than a member of his immediate family or a person permanently employed by him, to place traps for the protection of said property other than during the open season, unless such owner or tenant has first obtained from the director a permit authorizing him so to do, which permit the director is hereby authorized to issue in his discretion, unless such authorized person holds a trapping license. All deer so killed shall be turned over to any environmental police officer and shall be disposed of by the director of law enforcement.

The following written reports shall be sent to the director by such owner or tenant acting under authority of this section:—(a) upon the taking of pheasant, ruffed grouse, hares or rabbits, or the wounding or killing of a deer, a report stating the time and place, kind and number of birds or mammals so taken, wounded or killed, within twenty-four hours of such taking, wounding or killing; (b) upon the taking of any other birds or mammals, a report on or before January thirty-first of each year, stating the number and kinds of birds or mammals taken under authority of this section during the previous year. This section shall not be construed to limit any other provisions of this chapter.