Section 13 Construction of licensing laws; archery or primitive firearm season on deer; migratory waterfowl season; certificates for veterans hospitals and schools for mentally-retarded

Section 13. Nothing in section four or sections eleven to sixteen, inclusive, shall be construed as affecting in any way the general laws relating to trespass, or as authorizing the hunting or the possession of birds or mammals contrary to law, or the taking of fish or the possession thereof, contrary to law, or the trapping of mammals contrary to law; and provided, further, that said sections eleven to sixteen, inclusive, shall not be deemed to prohibit any legal resident of the commonwealth or any member of his immediate family fifteen years of age or older from hunting on land owned or leased by him, or to prohibit any such resident or any such member of any age from trapping on such land, or from fishing in inland waters bordered by such land if he is or they are actually domiciled thereon and if such land is used principally for agricultural purposes, and not for club, shooting or fishing purposes; and provided further, that the burden of proof shall rest upon the person claiming any such exception to show that he is entitled thereto.

A person shall not hunt deer during the exclusive archery season on deer nor during the exclusive primitive firearm season on deer as established by the director unless he has obtained from the director, his authorized agents or from a city or town clerk and has attached to the back of his hunting or sporting license, in the manner provided by the director, a stamp authorizing him so to hunt. The director is hereby authorized to issue such stamps in such form as he may determine and require such records be kept as he may deem necessary.

A person shall not hunt migratory waterfowl within the commonwealth or its coastal waters during the open season on waterfowl as established by the director unless he has first obtained from the director, his authorized agents or from a city or town clerk, a Massachusetts waterfowl stamp authorizing him so to hunt. Said stamp shall be signed across the face by the bearer, shall not be transferable and shall be carried at all times upon the person while hunting migratory waterfowl. The director is hereby authorized to issue such stamp in such form as he may prescribe.

The director is authorized to issue free of charge a special certificate to the head of each veterans’ hospital within the commonwealth. Any such certificate shall permit groups of patients, designated by the hospital authorities, to fish in inland waters of the commonwealth without possessing sporting or fishing licenses. Such groups shall be limited to not more than fifteen patients each day from any one hospital and each such group shall be under the supervision of the chief of special services of the hospital or a person designated by him. Said certificate shall be carried on the person of the chief of special services or the person designated by him while the group is fishing and shall be shown upon demand of any officer empowered to enforce this chapter.

The director is authorized to issue free of charge a special certificate to the administration of any publicly supported school for the mentally retarded within the commonwealth. Such certificate shall permit groups of mentally retarded students designated by the school administration to fish in inland waters of the commonwealth without possessing sporting or fishing licenses. Each group shall be under the supervision of a teacher or a person designated by the school administration. Said certificate shall be carried on the person of the teacher or person designated by the school administration while the group is fishing and shall be shown upon demand of any officer empowered to enforce the provisions of this chapter.