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First Bird
Repeller of China
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Orchard
Owner Killed 163 Birds in order to Protect Grape
http://www.sina.com.cn April,2005 Legal
News Program |
On
April 21, 2005, Legal News Program broadcasted a piece of news titled
“Orchard owner is condemned for killing birds by adhering net”. Chen
Jinsong, the owner of the grape orchard located in Changping District,
Beijing. He has being fought with birds to protect the grapes for
three years. In the past three years, there is one million economic
loss in the grape orchard directly inflicted by birds. The owner Chen
Jinsong is condemned for killing 163 birds among which include some
rare birds valued by the government.
The conflict between Chen Jinsong and the birds started in the grape
harvest season of 2002. Hundreds of birds wandered around the orchard
and pecked the grapes before they were harvested. Tones of grapes
were mashed in the orchard which brought serious economic loss to
Chen Jinsong. The matter is out of expectation, Chen Jinsong had no
idea to deal with the birds. To protect his grapes, he tried some
simple methods to dispel birds from the orchard using firecracker
and gong. It did scare birds away at first, but later, they returned
to the orchard and continued to peck grapes.
Chen Jinsong was very worried about the grapes and he went to the
agricultural station for help. He was introduced some methods used
in capital airport to dispel birds, like bird repeller and gas cannon.
However, Chen Jingsong can’t not afford such modern devices since
a bird repeller will cost him 20 thousand Yuan. He employed some people
to wrap the grapes with paper to protect the grapes. The method is
proved to be a fail.
In 2002, the birds destroyed 90 kg. grapes in Chen Jinsong’s orchard
and the more were damaged in the following two years. Chen Jinsong
estimated he had borne over 15 million economic directly inflicted
by the birds.
Suggested by one of his employee, Chen Jinsong began to deal with
birds using adhering net in 2004 without the permission from authorities.
He laid 28 nets in his orchard. When a bird is stuck on the adhering
net, it will scare the other birds away.
Adhering net is proved an effective way to dispel birds and protect
grapes. The villagers see hundreds of birds wowing grievously on the
net and died.
On Oct.22, 2004, Chen Jinsong was condemned to kill precious birds
and he was censored by the local police. When they went to the orchard,
they were stunned to see so many birds were killed on the adhering
net. 162 birds were killed, including 11 national protected birds
and ten Beijing municipal protected birds as well as about 130 pied
magpies.
Chen Jinsong was accused for slaughtering protected birds and on April
4, 2005, he admitted his guilt in the court. He explained his purpose
was to prevent grapes and he asked for less severe punishment. The
court declared Chen Jinsong would spend two years in prison and he
should pay 5000 penal sum for his guilt. Chen Jinsong called on the
other people to dispel birds in a scientific and human way.
The villagers have different opinions to this issue. Some feel it
was unfair to jail Chen Jinsong, because the birds eaten his grapes
and caused million economic loss. What the law protects birds, but
no one reimburse the orchard. The other people supported the court
and they rebuked his cruel act to the birds.
The case indicates that sometimes birds may have conflict with our
interest. We can live together harmoniously to share the happiness
of life. But sometimes, the two sides may fight for nature which may
cause blood and death. It is urgent for the law makers to complete
a scientific law as guidance for people to protect the birds and fight
with them in a legal way.
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