Massachusetts General Laws

Mass. Gen. Laws ch. 131, § 5 (2026)

Open seasons; rules and regulations

✓ current as of July 2026

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Section 5. The director shall declare an open season on fish, birds, reptiles, amphibians or mammals in any county where such open season seems advisable, and may make rules and regulations relating to the time and length of such open season, bag limits, possession limits, methods of taking, time and methods of reporting and all other matters pertaining to such open season as he may deem necessary and expedient, and may suspend or modify the open season whenever in his opinion such action becomes necessary.

The director shall establish rules and regulations providing for an annual two-day deer hunt for paraplegics and no fee shall be charged for a special hunting license issued to a paraplegic under the provisions of this section. The director shall determine the dates and area for said hunt; provided, however, that no paraplegic deer hunt shall be authorized in any area where hunting is prohibited by any special or general law.

Rules and regulations made under authority of this section shall be subject to the approval of the fisheries and wildlife board as defined in section seven of chapter twenty-one, not less than three members of which, together with the director, shall hold a public hearing with regards thereto, and such rules and regulations shall be subject to the provisions of section thirty-seven of chapter thirty.

The director, without hearing, but with the approval of the fisheries and wildlife board, may adopt regulations declared by him to be emergency regulations necessary for the immediate management or control. Such emergency regulations may be limited in time but shall not remain in effect for a period longer than ninety days.

Except as provided in rules and regulations made under authority of this section, and except as otherwise provided in this chapter, a person shall not fish, hunt or trap or have in his possession any fish, bird, reptile, amphibian, mammal or carcass or part thereof, but this section shall not be construed to prohibit the hunting, taking or possession of any English sparrow, crow, jay, starling, chipmunk, fox, flying squirrel, red squirrel, porcupine, skunk, weasel, wildcat or woodchuck whenever such hunting, taking or possession is otherwise lawful.

Notes of Decisions

Cited in 3 cases, 1993–2014 · leading case: Commonwealth v. Duncan, 7 N.E.3d 469 (Mass. 2014).

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Commonwealth v. Duncan, 7 N.E.3d 469 (Mass. 2014). “94, §§ 119-125; G.L. c. 131, § 5. Where an animal’s condition has been inflicted lawfully, see note 5, supra, the emergency aid exception will not apply.”

Animal Legal Def. Fund, Inc. v. Fisheries & Wildlife Bd., 624 N.E.2d 556 (Mass. 1993). “” G. L. c. 131, § 5 (1992 ed.). Each of the three individually named plaintiffs wishes to serve on the board but considers himself or herself to be ineligible based on the board membership criteria outlined in G.”

Massachusetts Soc'y for the Prevention of Cruelty to Animals v. Massachusetts Div. of Fisheries & Wildlife, 1 Mass. L. Rptr. 420 (Mass. Super. Ct. 1993). · cites it 2× “Rather, the statute is aimed at prohibiting certain types of traps in order to promote the well-being of animals.”

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