Farmer gets community service in lieu of fine

Illegal use of sticky net led to deaths of 12 birds, 11 of which were protected

A farmer who was fined $14,000 for trapping protected wild birds in a net he put up to protect his crops has been allowed to make the payment in the form of environment-related labor, according to the court that tried his case.

The recent case in Chibi, a county-level city in Hubei province, raised a discussion about illegal behavior that impacts the protection of wild animals, and reminded the area's large rural population of the risk involved, experts said.

The defendant, a 67-year-old man surnamed Liu, was relieved when the verdict was announced by the mobile court on a visit to his community in June, as he was unable to afford the penalty.

In December 2020, Liu erected a sticky, U-shaped net, 70 meters long and 3 meters high, around three sides of his plot to prevent his vegetables from being damaged by birds. About ten days later, 12 dead birds were found stuck to the net.

Six of the 12 were under second-class national protection and five were nationally protected terrestrial wildlife of important ecological, scientific and social value. The twelfth bird had been dead for too long to identify. The total estimated loss was about 100,000 yuan ($14,000), according to the investigation undertaken by the Chibi Forest Public Security Bureau.

The People's Procuratorate of Xianning, the city that administers Chibi, reviewed the case and initiated civil public interest litigation. Liu was required to cover the loss, as he had "hunted wild birds using prohibited methods, in areas and during periods when hunting was banned", according to Zhang Tao, deputy chief judge of the No 3 civil adjudication tribunal of intermediate people's court of Xianning.

"Many people feel that putting up nets is legal. Their goal is to protect their crops, not to trap birds," Zhang said, adding that the court session was held at the community level to disseminate legal information and raise the awareness of the protection of wild animals among villagers.

Zhang explained that Liu's farmland was located between the middle and lower reaches of the Yangtze River, and its lush surroundings are an important bird habitat. The net Liu erected obstructed migration and space for feeding, seriously hindering the survival and reproduction of wild animals, finally leading to the death of the birds.

Though the farmer's aim had been to prevent his crops from being eaten, the height of his net was greater than needed to protect his rights. He knew that birds could die after getting caught in the net, but did nothing to prevent this, so there was the subjective existence of fault. The behavior caused harm to wild animals, society and the national public interest, according to the court.

The judge stated that Liu should apologize to the public via city-level media and be responsible for the loss, which could also be repaid in the form of labor to protect wild animals and environmental governance.

Zhang said that as Liu was old and sickly, and his family could not afford to pay the penalty, compensation would be a heavy burden and so payment in the form of labor would not only serve as an education and fulfill Liu's social duty, it would also have a positive social effect by encouraging more residents to protect wild animals.

The deputy chief judge added that compensation in the form of labor is common legal practice when it comes to repairing environmental damage in China.

Liu signed an agreement with the community and will spend 290 days patrolling the forests, protecting wild animals, clearing illegal hunting equipment and promoting environmental protection. The community will supervise and the court and procuratorate will make return visits to ensure that Liu does his work properly.

Liu accepted the judgment and expressed his remorse, saying that he thanked the court for giving him the chance to make amends through good deeds as compensation for damaging the environment.

Zhang said that ecology is closely linked to the interests of all, and that farmers need to consider the impact on the environment when seeking to protect their rights. "It's all right to build barriers, but illegal sticky hunting nets should not be used," he said, suggesting that villagers adopt more suitable methods such as installing scarecrows or bird repellers.