well i have found out that it is legal to keep native species as long as not endangerd and the american toad is certainly not endangered.
The only exempt wild animals which may be taken from the wild in Massachusetts are certain reptiles and amphibians (321 CMR 3.05). Such animals may be kept as personal pets, but may not be sold, bartered, or exchanged. The possession limit is 2 on each of these reptiles and amphibians. Allowable species include the American Bullfrog, American Toad, DeKay's Brownsnake, Eastern Gartersnake, Eastern Musk Turtle, Eastern Newt, Eastern Racer, Eastern Red-backed Salamander, Eastern Ribbonsnake, Fowler's Toad, Gray Treefrog, Green Frog, Milksnake, Mudpuppy, Northern Dusky Salamander, Northern Two-lined Salamander, Northern Watersnake, Painted Turtle, Pickerel Frog, Red-bellied Snake, Smooth Greensnake, Snapping Turtle, Spring Peeper, and Wood Frog.