Court of Appeal yesterday.

Danny Farias was appealing against a $2,000 fine for possession and use of the banned pots.

But the 60-year-old Devonshire fishermen's claims that the ban was not constitutional were also thrown out by the Appeal Court judges.

Farias had complained about the ban by then Minister of the Environment the Hon. Ann Cartwright DeCouto since it came into force on March 31, 1990.

Director of Fisheries Mr. John Barnes said that the ban on fishing by fish pots was imposed because of the general concern with the marine environment and its protection.

After a meeting with the Minister, Farias said: "She informed the fishermen of these islands to roll up their way of life, their historical right, their heritage and their economic destiny, within two months and a handful of days so that their way of life would be finished.'' On May 16, 1990, Mr. Barnes was out in a Police marine vessel when they caught Farias with fish pots on his vessel.

Appeal Court Judge the Hon. Mr. Justice Georges noted: "In his evidence the appellant stated that he was aware that the licence he had previously held for fish pots had expired.

"He had gone out that day to haul in fish pots previously set. He had planned to land at Albuoy's Point, to which the Press had previously been invited, as an `act of civil disobedience'.

"He was protesting the fact that he had been prevented from carrying on an activity in which he had engaged for 40 years.'' Mr. Justice Georges dismissed all Farias attempts to discredit the case against him. He had stated that one of the charges was misleading and that the prosecution had not mentioned lobsters he had caught.

The Judge pointed out that Farias had, himself, admitted there were freshly caught lobsters in his boat.

Concerning complaints of a breach of natural justice, he said: "The loss of the appellant's licence to use fish pots was not the consequence of administrative action taken against him as an individual.

"If it had been there may have been an obligation to hear him. It was the consequence of a change in the regulations so there could be no duty to hear him.'' Mr. Justice Georges found that there was no constitutional issue to answer and stressed that Farias had been offered compensation along with other fishermen for the loss of his fish pots. He dismissed the appeal and affirmed the sentence.