cormorants

[randomheroj 16]

do we have special people in town that are taking care of the cormorants at white fish? or can you get special permits to take care of them and what are the steps to do it?

[Guest MNR]

Double-crested cormorants are not included under the federal Migratory Birds

Convention Act, and thus are not protected by federal law. Cormorants are protected

under Ontario’s Fish and Wildlife Conservation Act 1997 (FWCA), which prohibits the

hunting and trapping of cormorants. The FWCA also prohibits the destruction, taking

and/or possession of nests or eggs without authorization from the Minister of Natural

Resources.

Breeding and roosting sites of cormorants on Crown lands are protected under the

FWCA. It is illegal to hunt or trap cormorants on Crown lands (and waters) or to destroy,

take, or possess their nests or eggs without authorization from the Minister of Natural

Resources.

In specific circumstances, OMNR may undertake management and monitoring programs

involving the harassment and/or killing of cormorants on Crown lands for the purpose of

deterring or preventing the birds from causing significant negative ecological damage to

habitats or other species (e.g., Presqu’ile Provincial Park).

The FWCA has specific provisions which enable private landowners to protect their

property from cormorants. Under Subsection 31(1) an individual who believes on

reasonable grounds that cormorants are damaging or are about to damage their property

may harass, capture or kill the cormorants on their property. More than the mere

presence of cormorants is required for the protection of property provisions to apply. The

onus is on the private landowner to provide proof of “reasonable grounds” under

Subsection 31(1) of the FWCA. The destruction of trees and vegetation on private

property or depredation of fish from a privately owned aquaculture facility may constitute

reasonable grounds to harass, capture or kill cormorants. Under Subsection 7(1) of the

FWCA, a person may not destroy, take or possess the nest or eggs of cormorants on

either Crown or private land without authorization from the Minister of Natural

Resources.

Under Subsection 31(2) of the FWCA, the Minister of Natural Resources may authorize a

landowner to use an agent on their behalf to harass, capture or kill cormorants on their

privately owned land.

Section 31 of the FWCA requires that there be no unnecessary suffering to the birds and

that control measures be limited to the number of birds that is necessary to protect the

property. Dispatch of adult nesting cormorants could deprive hatchlings of sustenance

and shelter and cause suffering. Private landowners who choose to exercise their rights to

protect private property should only do so at a time and in a manner that will not cause

unnecessary suffering.

It is the responsibility of the private landowner to ensure that they follow all relevant

legal requirements when taking actions under the protection of property provision of the

FWCA. For more information, private landowners should contact their local MNR

office.