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Rules/Laws regarding protection of farmland (Bear)

jeffC

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So, a buddy of mine contacted me last night with a question. And I'll in turn pose the same question here (NESers always seem to know).
He lives on, and runs a farm in the Brookfields. Lately (past 3 nights) his farm has been getting ransacked by the BIGGEST bear I've ever seen in MA. It's demolishing his beehives every night, and he runs a horse farm, so he fears it may make its way to the horses, goats, chickens, and whatever else he has on the farm.
While I DO hunt, im not familiar with HIS options for getting rid of this nuisance monstrity (he's a PP, so can't own guns). Does he have any? Can he have a friend take care of it? Animal control? Some other option I'm unaware of?
Any/all help would be GREATLY Appreciated.
And for your viewing pleasure, pics of the beast....
imagejpeg
 
Have him call fish and wildlife or the environmental police. They will place a trap and relocate.

Sent from my SAMSUNG-SM-G930A using Tapatalk
 
That is for placing of traps during the closed season. There is no trapping season for bear. The farmer/landowner can legally shoot that bear and their in nothing the state can say, as long as he files an annual report with F&W
I read it that the one doing the harvesting has to be an immediate family member or employee thought right? OP needs to be placed on the payroll?
 
That is for placing of traps during the closed season. There is no trapping season for bear. The farmer/landowner can legally shoot that bear and their in nothing the state can say, as long as he files an annual report with F&W

this pretty much gives me my answer. I remember hearing or reading something like this a while back, which why I originally asked this question here (I'm pretty sure I read it here way back)
 
You got some great info above. Generally electric fences work well. And the property owner has the right to eliminate the problem as said above.

If the bear is still around in September and the landowner is interested I would be happy to help. Just drop me a PM.
 
My buddy is having a similar problem, however their property isnt farmland, but they do have hives and chickens etc. I told him he can borrow my .308 as long as I get a new carpet lol
 
Not according to the Div. Fisheries and Wildlife person that came to my bee club. Those setbacks are still in effect...
 
Shooting the bear is 100% effective, but only until the next bear shows up.
I have had great experience with a small electric fenced enclosure around the beehives. The charger I bought was a bit expensive and the strongest locally available. It claims to be able to run an electric fence 100 miles long. I have had absolutely zero issues with bears since I put it up and know that we have had multiple bears in the yard since it was installed. I have a similar set up at another location where I was having bear issues, and it solved the problem there as well. Tractor Supply company is likely the best local source for the required equipment. Your friend could probably buy a much weaker charger and have excellent results. I went for maximum overkill. Why use a .22 when you can use the 500 magnum? Weeds touch this thing, turn brown and die. Highly effective.
 
The law is as written, If the legislature wanted or "Intended" it to be something else it would say so.


Yup.. I called about the fox's that keep harassing and killing my birds and was told to trap and kill them or shoot them. Just please don't relocate them.
 
Not according to the Div. Fisheries and Wildlife person that came to my bee club. Those setbacks are still in effect...

They were wrong:

Discharge of any rearm or release of any arrow upon or across any state or hard-surfaced highway, or within 150 feet of any such highway, or pos- session of a loaded rearm, discharge of a rearm, or hunting on the land of another within 500 feet of any dwelling or building in use, except as authorized by the owner or occupant thereof. See page 30 for additional rearms regulations.

From page #32 of the 2016 copy of the abstracts:

http://www.eregulations.com/wp-content/uploads/2015/11/16MAAB_LR.pdf

If any members would like some help removing them in September feel free to drop me a PM.

Bob
 
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I live in the Brookfields, so I think I have seen the bear you are talking about. He is bigger than most I have seen in this area. The 1st thing to do is call the EPO's and show them the damage. Make sure they document the incident including the estimated cost to the farm. Ask them for options and FOLLOW their suggestions. Also let the local LEO's know and make sure they document it. If this person has children on his property make sure they know that. It isn't a bad idea to state you are concerned that the bear has no fear of people. I don't know if they will agree to allow the bear to be shot but if you need help PM me (I already have a rug) or go to the Sportsman Club for help. Depending on how close the bear is to the persons house may be key here as to determine if this IS classified a nuisance bear. DON'T just shoot it. If you get caught they will try to crucify you.
 
Calling the EPO's to document the damage, Yes, Asking for suggestions? No. You tell them what you want done, if they, start weaseling, Just tell them that you want a copy of the report for your records. They will do their best to make you jump through hoops when there is no provision in the law for that.

Sorry but you answer has no provision in the law. You really need to "read" MGL Chapter 131 Section 37 as it is written.
The EPO's out here are pretty reasonable. I think getting them involved is the 1st step and you may find they suggest something that will work. If not, we can hunt that bear this fall for this farmer. If this farmer hires someone to run a tractor to move round bales wouldn't that same employee be covered under the MGL's?
 
They are not the director of F&W's representative or agent, They can not tell you how to handle the problem, outside what MGL Chapter 131 section 37 states. Oh just in case you missed it in the past, I was the Supervising Sgt. for that area, until Jan 2010.

JW I do know you have an inside track to this as I have read your posts before, I honestly thought the local EPO was more than just a report taker and might have a little latitude in this case. Guess I was wrong.....
 
You say read 131 37 ok here it is
from: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter131/Section37


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.

Lets break that up.
Owner of land or immediate family or full time employee
or tenant if authorized by owner of land as these roles are described in ch 62 b sec 1
may kill or attempt to kill any wild bird damaging the property, poultry and game provided the poulty and game are housed on game-rearing farms, or preserves.
provided that such killing or attempt to kill is not in violation or conflict of and federal law rule or regualation.

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

this description would suggest you must find the animal in the act of causing said damage. If you found a dead chicked Monday morning, this would not mean Monday night after work to go out and find any creature and hunt it. This is intended to be more of actual self defense at the time the creature is causing the actual damage , loss to the land owner, or person authorized by this act.


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

section on traps


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.

pretty simple reporting requirements for whatever species is taken


This section shall not be construed to limit any other provisions of this chapter.
This section shall not be construed to limit any other provisions of this chapter.


bump to 131 58

Section 58. A person shall not discharge any firearm or release any arrow upon or across any state or hard surfaced highway, or within one hundred and fifty feet, of any such highway, or possess a loaded firearm or hunt by any means on the land of another within five hundred feet of any dwelling in use, except as authorized by the owner or occupant thereof

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter131/Section58

While the 500 foot rule can be waived by written letter from the owner or occupant. It would appear there is no relief from the 150 rule as it applies to discharging.

Contact Fish and Wildlife there job is to help mediate problems with animals let them know there is a problem, Log activity in with EPO Dispatch Request log # at time of call for your records.
Neither a lawyer or a cop This is what I see when I read this legaleese its as clear as mud.
 
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