never realising that they were under surveillance.

But as Antonio Cabral and his two friends upped anchor to sail home they were stopped by two wardens.

And, Cabral, who leaves Bermuda today, was ordered to pay $100, although he said he had no idea that he was breaking the law.

Cabral, 44, appeared in Magistrates' Court alone because of his imminent departure to the Azores.

Prosecuting, Crown Counsel Mr. Mark Pettingill said that on July 5 at 10 a.m.

a boat was seen with a crew of three pulling fish into the boat a mile inside the South West protected area, off South West Bermuda.

One warden watched the boat from his "marked'' craft and called for assistance. When the second warden arrived, together they observed for 45 minutes and then boarded the boat as the three men attempted to move away.

Mr. Pettingill said: "When Cabral was told he was not allowed to fish there, he said he did not know.'' In Cabral's defence, Mr. Stephen Hankey said: "Mr. Cabral pleaded guilty to fishing in the South West protected area, but he did not know. He is not a commercial fisherman. He fishes for pleasure.

"He has fished in other areas off the Island and in the East there are buoys marking the protected areas. This was not the case on this occasion.

"It seems strange that the warden should observe these people for three hours. Why couldn't he have told them to stop? If his duty is to protect fish then it seems strange that he should allow these men to fish for three hours before stopping them.

"It seems a heavy handed way to act, although Mr. Cabral admits that ignorance is no defence.'' He said that Cabral had worked as a gardener and a farmer, living in Warwick, but he had been unemployed since June. He was flying back to the Azores seeking work.

Defending the actions of the wardens, Mr. Pettingill said: "This is the normal course of action, not to approach a boat unless you have assistance.''