Number 2 July 17, 1973

Number 2 July 17, 1973 Honorable James M. Shepard, Director Division of Fisheries and Game Leverett Saltonstall Building 100 Cambridge Street Boston, Massachusetts 02202 Dear Mr. Shepard: You have requested my opinion with respect to whether you, as Di- rector of the Division of Fisheries and Game, have authority to require on applications for antlerless deer hunting permits the statement: 'T cer- tify under the pains and penalty of perjury that this is the only antlerless deer permit application being submitted by this applicant." You have advised me that since 1967 your Division has, through a regulatory system, established antlerless deer hunting. You indicate that in establishing a procedure for selecting permits, a computer card was chosen with an application to be filled out by an individual and a tear-off section for the actual issuance of the permit. You further advise me that to avoid an individual submitting many applications, thereby increasing his chances of receiving a permit, you had the statement quoted above included on the application. By virtue of G. L. c. 131, § 5, the Director is given statutory authority to regulate the open season on antlerless deer hunting. Inherent in this regulatory power is the authority to prescribe appropriate procedures concerning the application and selection process in issuing permits. General Laws, c. 131, § 32 provides that ''A person shall not falsely make any representation or statement for the purpose of procuring any . . . permit . . . for himself or another.'' General Laws, c. 131, § 33 provides that "A person shall not . . . pro- cure or attempt to procure a . . . permit ... by fraud or false statements of any kind . . ." Since you, as Director, are the official given authority over the antler- less deer hunting permit selection process, and in light of G. L. c. 131, §§ 32 and 33 outlawing the obtaining of permits in a fraudulent manner, there appears no sound reason why you would lack authority to require the statement in question. In addition, it is noteworthy to mention G. L. 46 p.D. c. 131, § 12, by which the Legislature has authorized you to require data and statements under the penalty of perjury in regards to your authority to issue licenses. There appears to me no valid reason why such author- ity would be given you concerning the issuance of licenses but denied regarding antlerless deer hunting permits. Accordingly, I answer your inquiry in the affirmative. Very truly yours, ROBERT H. QUINN Attorney General