Nuisance Hunting in MA

Whutmeworry

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I was NOT allowed to take the kill. The permit said the animal had to be buried, burned, or donated to a science institution. (BBQ does not count as burned.
I genuinely do not understand the purpose of this rule. Is there any stated explanation anywhere of why the law is written this way? Hunters are threatened with penalties for wasting game meat that's legally harvested during hunting season, yet the law REQUIRES that game meat taken under a depredation permit be wasted.

Am I missing something?
 

Asaltweapon

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I genuinely do not understand the purpose of this rule. Is there any stated explanation anywhere of why the law is written this way? Hunters are threatened with penalties for wasting game meat that's legally harvested during hunting season, yet the law REQUIRES that game meat taken under a depredation permit be wasted.

Am I missing something?

Because Mass. Hit as many as you can with your truck and it's AOK.
 

tuna

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I genuinely do not understand the purpose of this rule. Is there any stated explanation anywhere of why the law is written this way? Hunters are threatened with penalties for wasting game meat that's legally harvested during hunting season, yet the law REQUIRES that game meat taken under a depredation permit be wasted.

Am I missing something?

I don’t even try to make sense of this. For me, it was the fun of the hunt without the work.
 

Shawnyc

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How does this apply to coyotes taking chickens and goats? Am I free to pop them with a 5.56 or 300BO?
 
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I genuinely do not understand the purpose of this rule. Is there any stated explanation anywhere of why the law is written this way? Hunters are threatened with penalties for wasting game meat that's legally harvested during hunting season, yet the law REQUIRES that game meat taken under a depredation permit be wasted.

Am I missing something?

I have no specific knowledge of this case. But I suspect the rule is designed to remove any possible incentives for people to falsely claim they were doing depredation.
 
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I genuinely do not understand the purpose of this rule. Is there any stated explanation anywhere of why the law is written this way? Hunters are threatened with penalties for wasting game meat that's legally harvested during hunting season, yet the law REQUIRES that game meat taken under a depredation permit be wasted.

Am I missing something?
I can't help but think that our laws are overwhelmingly written to prevent what Bruce Schneier calls "Movie Plot Threats." Taken in that context, I expect someone like Creem or Linsky imagines themselves closing the "off-season animal murder loophole" (i.e. poaching):

"Oh, but what if someone plants some corn, or an apple tree in their yard? Then, when some innocent deer tryies to eat their 'crops' they can just shoot her...any time they want! Clearly, we have to get rid of that possibility; if you're really worried about your crops, you'd forgo the deer meat."
 
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The correct answers are in here. MGL 131 Section 37 allows an owner, tenant, or immediate family member the ability to kill an animal "he finds causing damage", provided it's not otherwise protected (migratory birds, T&E species etc.). Sect. 37 is not hunting, so hunting rules and regulations/bag limits do not apply. Yes you can use a rifle to kill a deer with this, or a moose if that's what's causing the damage. A deer would have to be surrendered to the EPOs. Bear in mind this law was created in a time when deer were scarce, so turning the deer over to the EPOs was probably a way to remove any incentive a landowner might have to claim damage and get to eat the deer.
 

Viper22

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How does this apply to coyotes taking chickens and goats? Am I free to pop them with a 5.56 or 300BO?

Sure are.

I recently had a good conversation with EPO, as a bear ripped open my chicken coop and ate two of my birds. I was told distance offsets do not apply (150' from a road, 500' from a dwelling), as this is not hunting - you are dispatching a nuisance animal which is causing damage to your property.

Now for me - I do not have a good backstop behind my coop, so I would have to resort to a bow.
 

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Sure are.

I recently had a good conversation with EPO, as a bear ripped open my chicken coop and ate two of my birds. I was told distance offsets do not apply (150' from a road, 500' from a dwelling), as this is not hunting - you are dispatching a nuisance animal which is causing damage to your property.

Now for me - I do not have a good backstop behind my coop, so I would have to resort to a bow.
I agree with the EPO, HOWEVER, local PD will arrest and charge you with the 150'/500' law anyway. Look up the people who have been charged for discharge of a firearm within their own homes.
 

AHM

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I do not have a good backstop behind my coop, so I would have to resort to a bow.

I agree with the EPO, HOWEVER, local PD will arrest and charge you with the 150'/500' law anyway. Look up the people who have been charged for discharge of a firearm within their own homes.
When I asked my father why they made shotgun rounds for rifles and pistols,
he said it was for safely killing rats near things like the oil burner tank/feed line.

So, were the arrestees dispatching varmints?
(Could the police establish at trial that they weren't,
beyond a reasonable doubt? [rofl] )
 

Viper22

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I agree with the EPO, HOWEVER, local PD will arrest and charge you with the 150'/500' law anyway. Look up the people who have been charged for discharge of a firearm within their own homes.

So local PD trumps State EPO? Glad they're on the same page :rolleyes:
 

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So local PD trumps State EPO? Glad they're on the same page :rolleyes:
When Karen makes a phone call about a "man with a gun" or "I heard gun shots" or "the neighbor is slaughtering/gutting a deer/coyote/woodchuck next door", who do you think they call? It ain't the EPOs!
 

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To put a fine point on it. A few years ago I heard (over my police scanner) that the PD was called because hunters were in the woods. "Karen" complained that they were ~1/2 mile away from a school during school hours. The PD went in and found the hunters (who were doing nothing wrong), and ordered them to stop shooting/hunting even though the police reported that they were shooting in a direction away from the school.

Yes, I know what the law says, but having worn that uniform, I also know what the police do, and they don't consult the EPOs before they do it either. 95% of the residents in my MA town are anti-2A moonbats who are convinced that it is illegal to fire a gun under any circumstances in the town, even though there are gun clubs in the town.
 

Sparkey

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To put a fine point on it. A few years ago I heard (over my police scanner) that the PD was called because hunters were in the woods. "Karen" complained that they were ~1/2 mile away from a school during school hours. The PD went in and found the hunters (who were doing nothing wrong), and ordered them to stop shooting/hunting even though the police reported that they were shooting in a direction away from the school.

Yes, I know what the law says, but having worn that uniform, I also know what the police do, and they don't consult the EPOs before they do it either. 95% of the residents in my MA town are anti-2A moonbats who are convinced that it is illegal to fire a gun under any circumstances in the town, even though there are gun clubs in the town.
That’s right most local cops know zero about game laws. That’s why I keep the EPO dispatch number in my phone . I have no problem calling them and getting a EPO out to explain it does usually turn into a shit show and local cop is going to be pissed but they can’t just make up laws because some Karen doesn't like hunters .
 
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So local PD trumps State EPO? Glad they're on the same page :rolleyes:

Different things going on here. Section 37 is under Chapter 131 (wildlife) and while true the hunting discharge setback does not apply, there is also a discharge statute in Chapter 269 12E that prohibits the posession or discharge of a firearm w/in 500' of a occupied dwelling
 
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I used to do wildlife depredation for Barnes Airport in Westfield. ...
I had a friend from Chicopee at UMass, who used to do the same in the swampy areas surrounding Westover. He said he used to hunt pheasant and grouse, and maybe deer.
 
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