[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-15-1987 by Art. 39. Amendments noted where applicable.]
Fisheries — See Ch. 150.
No person, except the Director of the Division of Fisheries and Wildlife or his agents as authorized pursuant to Chapter 131 of the Massachusetts General Laws, shall feed or bait, or attempt to feed or bait, any waterfowl of the family Anatidae (including, but not restricted to, ducks, geese and swans) or any gulls, at any place or location within the Town of Yarmouth.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- FEEDING and BAITING
- The placing, exposing, depositing, distributing or scattering, directly or indirectly, of shelled, shucked or unshucked corn, wheat or other grain, bread, salt or any other feed or nutritive substances, in any manner or form, so as to constitute for such birds a lure, attraction or enticement to, on or over any such areas where such feed items have been placed, exposed, deposited, distributed or scattered.
Nothing in this chapter shall be construed to limit the feeding of domesticated waterfowl, as defined by the Division of Fisheries and Wildlife, by a farmer as defined in Section 1A of Chapter 128 of the Massachusetts General Laws on property owned or leased by him or the feeding of any waterfowl or other birds by propagators licensed under Section 23 of Chapter 131 of the Massachusetts General Laws when such waterfowl or other birds are confined in such a manner as may be required pursuant to said Section 23 and any rules and regulations issued under authority thereof.
Notwithstanding any of the above, the Director of the Division of Fisheries and Wildlife may authorize the emergency feeding of waterfowl and other birds when, in his opinion, such action is necessary in order to alleviate undue losses and suffering of such birds due to unusual weather conditions and other circumstances. The Director may authorize such action by proclamation, publication or such other means as he deems necessary and expedient, but such means shall include the immediate notification of the Selectmen thereof by first class mail.
Any person who violates any provision of this chapter may be subject to a fine of $25 for each offense thereof.
This chapter may be enforced by police officers, shellfish officers, the Harbormaster, Assistant Harbormasters, agents of the Board of Health, environmental officers and other enforcement officers of the Division of Law Enforcement and by Deputy Environmental Police Officers.