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State permit policies & procedures

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Massachusetts

Website

Massachusetts Division of Wildlife and Fisheries:
http://www.mass.gov/dfwele/dfw/index.htm

Permits:
http://www.mass.gov/dfwele/dfw/recreation/licensing/permits/other_permits.htm

Contact

    Bob Arini
    MA Department of Fisheries, Wildlife & Law Enforcement
    251 Causeway Street, Suite 400
    Boston, MA 02114-2151
    Phone (617) 626-1575
    E-mail: Bob.Arini_AT_state.ma.us

Is a permit required for banding?

Yes. See the application form, below, and the regulation:
(4) Categories of Permits. Permits which may be issued pursuant to G.L. c. 131, Sec. 4(2) may include, but not be limited to, bird-banding, salvage, and scientific collecting permits, or letter permits incorporating specialized authorizations.

Permit application forms

Application Form - Scientific collecting: the current form available here or found here:

http://www.mass.gov/dfwele/dfw/recreation/licensing/permits/pdf/research_education_collection.pdf

However, the Ornithological Council learned in April 2009 that the application form will be revised in 2009, and scientists are advised to call Massachusetts Fish and Wildlife to request a permit application. We will post the new application form as soon as it is available.

Banding: this permit application is not available online.

The Ornithological Council has been informed that the application form is being revised. Scientists are advised to call Massachusetts Division of Wildlife and Fisheries to request a permit application. We will post the application form as soon as it is available.

Renewal -

Scientific collecting - download here or from the website:
http://www.mass.gov/dfwele/dfw/recreation/licensing/permits/pdf/sci_collecting_annual_renewal.pdf

Banding - download here or from the website:
http://www.mass.gov/dfwele/dfw/recreation/licensing/permits/pdf/salvage_birdband_annual_renewal.pdf

Again, call the agency before using these forms.
Threatened and Endangered -

Salvage - same form; specify that you plan to salvage

State lands

To be determined

Prior notice

Check permit conditions. Even if not expressly required to do so, you should always contact the manager of that particular state land unit or with the owner of private land before your arrival. You want to be aware of the hunting seasons, and, of course want to be sure that your activities will not interfere with the activities of that park, wildlife management area, or other state land unit, and that your activities will not adversely affect public use of the land or with the activities of private landowners.

Policies

321 Code of Massachusetts Regulations

Scientific collecting and banding

02: Permits to Take or Possess.

(1) Definitions. For the purposes of 321 CMR 2.02, and unless the context requires otherwise, the following words shall have the following meanings:

    Board means the Fisheries and Wildlife Board established pursuant to M.G.L. c. 21, Sec. 7.

    Director means the Director of the Division of Fisheries and Wildlife, with principal offices at 100    Cambridge Street, Leverett Saltonstall Building, Boston, MA 02202.

    Person means any named individual, partnership, corporation, whether profit or non-profit, firm, business, or other commercial or non-commercial entity, club, organization, or association.

(2) Authority of Director. In accordance with the provisions of M.G.L. c. 131, Sec. 4(2), the director may take or in writing authorize employees of the Division of Fisheries and Wildlife or other persons to take and possess fish, fish spawn, birds, the nest and eggs thereof, mammals, reptiles and amphibians at any time or in any manner for the purposes of observation, research, control or management, and, in his discretion, excuse certain persons so authorized from any licensing provision of M.G.L. c. 131.

(3) Scope. The provisions of 321 CMR 2.02 set forth certain special permits which may be granted pursuant to M.G.L. c. 131, Sec. 4(2) and establish procedures for the granting of special permits or exemptions to certain classes of persons. 321 CMR 2.02 does not apply to permits or licenses issued pursuant to other provisions of M.G.L. c. 131 or c. 131A.

(4) Categories of Permits. Permits which may be issued pursuant to G.L. c. 131, Sec. 4(2) may include, but not be limited to, bird-banding, salvage, and scientific collecting permits, or letter permits incorporating specialized authorizations. The director may establish reasonable standards and conditions for each category of special permit, consistent with the intent and purpose of the permit, and such standards and conditions shall be construed as limiting the authority of the permit to such extent. The director may further require a permittee to keep certain records or submit certain reports as a condition of the permit, or renewal thereof, and failure to keep or submit such records or reports, when required, may be cause for suspension, revocation, or non-renewal of the permit.

Threatened and Endangered Species
10.04: Taking and Possession of Species on State and Federal Lists

(1) Prohibitions. Except as otherwise provided in 321 CMR 10.04(2) and (3), no person may take, possess, transport, export, process, sell or offer for sale, buy or offer to buy, nor shall a common or contract carrier knowingly transport or receive for shipment, any plant or animal or part thereof on the state list or federal list; provided, however, that ownership, sale, or purchase of real property on which such plant or animal occurs is not prohibited.

(3) Permits for Taking and Possession of Species. Any violation of a permit is a violation of M.G.L. c. 131A, Sec. 2.
(a) Scientific and Educational Use Permits. The Director may in accordance with provisions of M.G.L. c. 131, Sec. 4 and c. 131A, Sec. 3 permit the taking, possession, purchase, sale, transportation, exportation or shipment of any species on the state list for scientific or educational purposes, including but not limited to scientific collecting, educational use, wildlife rehabilitation, salvage, or bird banding.

Listed bird species

Common Loon	Gavia immer	SC
Pied billed Grebe	Podilymbus podiceps	E
Leach's Storm petrel	Oceanodroma leucorhoa	E
American Bittern	Botaurus lentiginosus	E
Least Bittern	Ixobrychus exilis	E
Bald Eagle	Haliaeetus leucocephalus	E
Northern Harrier	Circus cyaneus	T
Sharp shinned Hawk	Accipiter striatus	SC
Peregrine Falcon	Falco peregrinus	E
King Rail	Rallus elegans	T
Common Moorhen	Gallinula chloropus	SC
Piping Plover	Charadrius melodus	T
Upland Sandpiper	Bartramia longicauda	E
Roseate Tern	Sterna dougallii	E
Common Tern	Sterna hirundo	SC
Arctic Tern	Sterna paradisaea	SC
Least Tern	Sternula antillarum	SC
Barn Owl	Tyto alba	SC
Long eared Owl	Asio otus	SC
Short eared Owl	Asio flammeus	E
Sedge Wren	Cistothorus platensis	E
Golden winged Warbler	Vermivora chrysoptera	E
Northern Parula	Parula americana	T
Blackpoll Warbler	Dendroica striata	SC
Mourning Warbler	Oporornis philadelphia	SC
Vesper Sparrow	Pooecetes gramineus	T
Grasshopper Sparrow	Ammodramus savannarum	T
Henslow's Sparrow	Ammodramus henslowii	E