SECTION 38. Farmers; permit to trap and kill birds

Notwithstanding any other provision of law, the director may, upon application of a farmer, as defined in section one A of chapter one hundred and twenty-eight, grant a permit to trap live, and thereafter destroy, birds that are destroying agricultural crops or endangering the health of livestock, poultry or fur bearing animals. Each applicant shall state the type of trap to be used, the location of each such trap and the period within which he intends to use such trap, and such other information as the director may deem necessary. Each application shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. The farmer shall mark each trap with his name and address and the number of the permit issued to him by the director, and the farmer or his agent shall check each such trap twice daily. The director shall issue rules and regulations relative to the type of traps and kinds of birds which may be trapped, and such other rules and regulations as he may deem necessary for the protection of song and game birds. The director and his agents may, for the purpose of inspecting such traps, enter upon or pass through or over private lands and property whether or not covered by water.