Introduction
This paper defines the Code of Massachusetts Regulations (CMR) and addresses the statutes and regulations contained, that refer to animal shelters. CMR contains regulations enacted by state agencies according to the Administrative Procedure Act (M.G.c 30A). The rules and regulations contained in the CMR constitute the body of the administrative law in conjunction with the administrative orders and decisions. CMR is organized according to the cabinet structure of state government where the first digit usually indicates the cabinet office involved, while the second and the third digit usually specify a particular agency.
The regulations are further broken down in chapters. An example of CMR organization is (301 CMR 11.00 (3) (b) 1.d.) where 3 stand for an environmental agency and 01 stands for Forever Paws animal shelter and the rest are chapters (MacCallum, 2010).
Definition of an Animal Shelter
An animal shelter can be defined as an organization supported by charitable contributions that provide a temporary home for dogs, cats, and other animals offered for adoption. In legal terms, an animal shelter is defined as a public facility for controlling animals or any other facility operated by any organization or individual with function of protecting animals from cruelty, neglect or abuse (MacCallum, 2010).
The CMR of Animal Shelter
Pet and shop licensees are advised to be familiar with the statutes contained in the M.G.L Chapter 129, Section 39A, and the regulations in the Bureau of Animal Health’s on pet shops, 330 CMR 12.00 and ensure compliance with their obligations. While shelters are not regulated by the pet shop statute and regulations, they must comply with other animal laws like the import law and apply all the suggestions in the puppy and dog health protocol (MacCallum 2010).
321 CMR
Chapter 3:00 gives miscellaneous regulations relating to divisions of fisheries and wild life. Regulations under this section focus on the activities related to hunting, fishing, and trapping (MacCallum, 2010).
Guidelines regarding public shooting grounds and wildlife management areas are included in chapter 3:01(MacCallum, 2010). The purpose of this chapter is to govern the administration of wildlife management areas and issue guidelines on the allowed and prohibited activities on such areas (MacCallum, 2010). It also talks about the definition of hunter orange and give regulations regarding hunting with bows and arrows.
Chapter 3:02 gives regulations regarding hunting of bear. Under this chapter, an annual season of hunting of black bear in Massachusetts is established. Apart from giving regulations regarding migratory game birds where the annual open seasons for the hunting of certain migratory game birds are adopted, it also gives regulations regarding hunting and trapping of certain mammals like bobcat, foxes, and coyotes (MacCallum, 2010).
Special regulations regarding wildlife management areas are given in chapter 303. The wildlife management areas included in this section include: Delaney Wildlife Management area in the towns of Show, Harvard, and Bolton in Massachusetts, North east wildlife management Area, Ludlow, J.J Kelly, Flint pond and Westborough wildlife management areas (MacCallum, 2010).
Regulations regarding falcons, other raptors and falconry are discussed in chapter 304. Here regulations regarding application and examination requirements for pens and shelters are provided. The regulations states that indoor facilities (mews) should be large enough to allow for easy access for caring for the raptors housed in the facility (MacCallum, 2010).
It also provides for protection of the birds through fencing. Protection of the birds against excessive sun, wind, and inclement weather is also provided for in this chapter of the codes. Regulations under this chapter further states that major change of existing facilities must be reported to the Director as completed and adequate perches be provided to the birds. Minimum facilities under the Raptor Propagation and/or Salvage permits shall be as established by the Director after due consideration of the individual breeding and/or rehabilitation program to be conducted by the applicant (MacCallum, 2010).
Chapter 304 further provide guidelines regarding inspection, capture limitations, species and possession limits, equipments, lost raptors, transportation, hunting limitation, revocation of permits, Federal falconry regulation, Annual activity report and marking of the falcons. While in chapter 305, there are guidelines regarding hunting, fishing, trapping, and taking of reptile and amphibians in all the countries of Massachusetts (MacCallum, 2010). It also gives guidelines about species to be hunted.
Chapter 6:00 gives guidelines about dog restraining order. It states that any person owning, keeping or possessing a dog or dogs shall restrain those dogs from loitering in the city or towns mentioned in the CMR. It also advises those having dogs to prevent them from chasing, harassing, hunting, molesting, attacking or killing deer (MacCallum, 2010).
Wildlife sanctuaries are provided for in chapter 7:00. This chapter governs the administration of wildlife sanctuaries and prohibited acts within the geographical boundaries of those areas, whereas chapter 8:00 provides for the official state list of endangered, threatened and species of plants and animals which are of special concern (MacCallum, 2010).
Guidelines regarding the exemption list are contained in chapter 9:00. The purpose of this chapter is to list all the species which are exempted from licensing requirement, and which may be imported, possessed, maintained propagated bought, sold exchanged or offered for sale without a license or permit from the Division (MacCallum, 2010).
Chapter10:00 gives provisions for the regulations contained in the Massachusetts Endangered species Act (MacCallum, 2010). Part one of this chapter talks about the general provisions, definitions, listings permits and the responsibilities of state agencies. Part two talks about the delineation of priority and review of projects or activities within the priority habitat. Part three talks about the designation of a significant habitant. Part four talks about the alteration of a significant habitat while part five gives a species list and designated significant habitats. In summery this section governs the implementation of the endangered species in Massachusetts.
Chapter 11.00 talks about nature preserve (MacCallum, 2010). It has a purpose of establishing a system of dedicated nature preserves and for guiding the division of fisheries and wildlife in defining the criteria, scope, protocol and stewardship for the dedication and management of the reserves. Rehabilitated injured wildlife have to be released (with few exceptions) at a location within five miles of the point of capture, or within the same county to which the facility is permitted ( MacCallum, 2010).
Although 321 CMR covers widely the regulation involved in the administration of animal shelters, other regulations on animal shelters are included in 314 CMR which states that any warm or cold water aquatic animal production facility requires a permit ( MacCallum, 2010). Regulations relative to the vaccination of dogs and cats against rabies is contained in 105 CMR330.000, while rules governing prevention of the spread of rabies is contained in 330 CMR 10.00.
Conclusion
The provisions in the 321 CMR slot in an idea that proper management of wildlife resources of commonwealth is important for the preservation of all forms of wild life so as to capitalize on the ecological balance and genetic diversity of the environment. It can also be concluded from this paper that the regulations contained in the CMR set standards for public health and safety.
Apart from that, it also set standards for licensing of professionals, and offers protection consumers and the environmental. It provides guidelines about examination of dogs and puppies when they arrive at the shelters and when they show signs of a disease. Guidelines regarding provision of veterinary and routine care are also provided by the regulation and rules contained in the CMR.
References
- MacCallum. W. F. (February 19, 2010). 321 CMR. Massachusets Division of Fisheries and Wildlife.
