Originally Posted by
Snowwalker
Since the Starlings are NOT causing damage to Property or a threat to life(Section 6[4]), they do not fall under the classification of a nuisance animal. Even if they were to fall in that class you would still need to be a " Farmer", or a LICENCED agent named by and acting upon the farmers behalf. Section 6[3]
In the Fish and Wildlife Act..
6. (1) Except under the authority of a licence and in accordance with the regulations, a
person shall not hunt or trap,
(a) big game;
(b) a game mammal that is not referred to in clause (a);
(c) a game bird;
(d) a furbearing mammal;
(e) a game reptile;
(f) a game amphibian;
(g) a bird referred to in subsection 5 (2); or
(h) wildlife that is not referred to in clauses (a) to (g), the hunting of which is not
prohibited by section 5. 1997, c. 41, s. 6 (1); 2009, c. 33, Sched. 22, s. 2 (7).
Trappers
(2) Despite subsection (1)’s requirement for a licence but subject to section 9 and to any
requirement for a licence under section 79, the holder of a licence to trap furbearing mammals
may, in accordance with the licence and without any other licence, in the area described in the
licence and to the extent that the open season falls within the period from September 1 in a
year to June 30 of the following year,
(a) hunt or trap black bear and other game mammals, other than white-tailed deer,
moose, woodland caribou or American elk;
(b) hunt game birds, other than wild turkey;
(c) hunt birds referred to in subsection 5 (2); and
(d) hunt wildlife referred to in clause (1) (h). 1997, c. 41, s. 6 (2); 2009, c. 33,
Sched. 22, s. 2 (8).
Farmers
(3) Despite subsection (1)’s requirement for a licence, a farmer or a member of a
farmer’s family who resides with the farmer may, during the open season and without a
licence, on the farmer’s land,
(a) hunt or trap furbearing mammals;
(b) hunt or trap game mammals, other than big game;
(c) hunt game birds, other than wild turkey;
(d) hunt or trap game reptiles or game amphibians;
(e) hunt birds referred to in subsection 5 (2); and
(f) hunt wildlife referred to in clause (1) (h). 1997, c. 41, s. 6 (3); 2009, c. 33,
Sched. 22, s. 2 (9).
Exception
(4) Despite subsection (1), a person may hunt or trap wildlife referred to in subsection
(1) without a licence in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16,
s. 1.
( This applies to Protection of Life and Property/Livestock)
Section 5(1)(2)
5. (1) A person shall not hunt or trap specially protected wildlife or any bird that
belongs to a species that is wild by nature and is not a game bird. 2009, c. 33, Sched. 22,
s. 2 (5).
Exceptions
(2) Subsection (1) does not apply to,
(a) an American crow, brown-headed cowbird, common grackle, house sparrow,
red-winged blackbird or starling;
(b) a bird that is declared to be a migratory game bird in the Convention set out in the
Schedule to the Migratory Birds Convention Act, 1994 (Canada);
(c) a bird that has been transported into Ontario, or propagated from stock that was
transported into Ontario, and that is released with the Minister’s authorization
under section 54, other than a specially protected bird or a member of a species
prescribed by the regulations for the purpose of this clause; or
(d) any other bird, other than a specially protected bird, that is hunted with the
authorization of the Minister. 1997, c. 41, s. 5 (2); 2009, c. 33, Sched. 22, s. 2 (6).
