Living with bears: Can you kill a bear that comes into your yard in Massachusetts? See law
Sometimes, these animals can cause problems, like vandalizing your garden or damaging your property.
There are many ways to deal with these pesky critters - and one is more intense than the others.
Massachusetts law allows landowners to kill a wild animal caught in the act of damaging their property. But the MassWildlife says that should be used as a last resort and that there are other ways to prevent conflicts with bears and other wildlife.
Is it legal to shoot an animal in my yard? Even a bear?
Under Chapter 131, Section 37 of the Massachusetts General Laws, landowners or tenants, as well as authorized members of their immediate families or persons permanently employed by the landowner, may kill, hunt or take by other means any mammal or wild bird they find damaging their property.
Landowners are not allowed to kill by poison or snare or set traps without a permit when it's not the open season. The killing must also not violate any federal law or regulation.
The law does not specify what constitutes as damage under the law – except that damage to grass growing on uncultivated land does not count – so it's up to the discretion of Massachusetts Environmental Police officers in the field.
Some examples of when this law is used include when wild animals, such as a bear, damage crops, tree nurseries or beehives, or when they kill livestock or backyard chickens (which count as property).
Killed animals must be turned over or reported to the environmental police.
There are cases of homeowners killing a bear, such as a 2022 incident in Middleton when a bear killed chickens and goats and a 2024 shooting that orphaned four cubs in Athol when a bear was trying to break into a chicken coop.
However, MassWildlife considers the use of this law as a last resort, stressing there are other steps homeowners can take first.
How to prevent human-animal conflicts
Instead of killing a wild animal, MassWildlife encourages taking measures to prevent conflicts in the first place.
To prevent animals from destroying your garden, they suggest excluding wildlife through a physical barrier, like fencing around a garden, or scaring them off with a scarecrow. They also suggest closing off structures that may be used as shelter for wildlife on your property.
You can also use repellents, like cayenne pepper or predator urine, but MassWildlife says this is less effective.
Other proactive measures to stop animals from coming into your backyard include removing bird feeders, securing garbage, and using electric fencing to protect backyard chickens, livestock and beehives.
This article originally appeared on Telegram & Gazette: Living with bears: Is it legal to shoot a bear in your yard in MA?
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