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Fishermen hit with big fines

illegal fish pots and were each fined $9,000 during an early morning Magistrates' Court hearing.Magistrate Will Francis called the offences committed by the Pembroke trio Roger Decosta, Joseph Dawson,

illegal fish pots and were each fined $9,000 during an early morning Magistrates' Court hearing.

Magistrate Will Francis called the offences committed by the Pembroke trio Roger Decosta, Joseph Dawson, and Margaret Ann Davis "very serious'' and noted they came close to getting prison sentences.

The hearing occurred just a week after the trio's first appearance on May 29 when a trial was set for October 10. It began shortly after 9 a.m. and was not listed on the court blotter. The trio only spoke to plead guilty to two charges of using fish pots in February and one of fishing in a protected zone near Eastern Blue Cut.

Crown counsel Larry Mussenden offered no evidence on a fish pot possession charge against Dacosta, 46, of North Cote Road, Dawson, 45, of Old House Lane, and Davis, 41, of Cheriton Lane.

A maximum fine of $5,000 and/or up to a year in prison could have been imposed under section four of the Fisheries Regulations.

Defence lawyer Kim Wilson noted that Decosta and Dawson's yearly fishing licences were not reissued and Decosta's 28-foot boat Sheer Luck was confiscated.

Ms Wilson said the trio "are deeply remorseful'', adding that they appreciated the natural environment but had come under heavy financial pressure with the new lottery system for the granting of legal lobster pot licences.

But Mr. Francis told them: "I have listened to what has been urged by the prosecutor, but this is a very serious offence. I have heard what Ms Wilson has said about the licence and boat.

"Were it not for that, I do think that I might have been minded to impose a custodial sentence,'' he continued. "However the fine I impose must reflect the seriousness of the offence and each of you must pay $3,000 for each offence.'' Mr. Francis granted the trio until September 30 to pay the fines after Ms Wilson pointed out the men had effectively lost their jobs and Davis had a disability. Mr. Mussenden told the court the trio were videotaped on the Sheer Luck hauling fish pots.

The investigation had been operating for some two months and suspected locations of illegal activity were pinpointed via Bermuda Harbour Radio's radar facility.

Fishermen handed big fines Mr. Mussenden reviewed the history of the fish pot ban since 1990, saying fishermen knew the difficulty in getting enough evidence for conviction.

He added that since the advent of highly accurate satellite positioning systems, law breakers did not have to leave identifying markers like buoys.

"But intelligence given by the public and fishermen themselves led to the launch of these investigations,'' Mr. Mussenden said. "Specialised photographic equipment was used to observe the activities.

"The tapes clearly show the persons on the boat hauling and emptying Government issued fish traps,'' he continued.

"However they were also seen to use illegal fish pots of the arrowhead shape variety with a grappling hook. A Police boat also came alongside in order to make a positive identification.

"Although many pots have been retrieved, in some instances Fisheries officials were not successful in retrieving fish pots due to small craft warnings and bad visibility.'' Mr. Mussenden said the wire used in the illegal pots was coated with plastic and could go on killing fish trapped inside the pots for years.

Now the process of claiming the Sheer Luck begins for the Crown, who will have to file a civil claim in the Supreme Court.

If a judge deems the boat can be confiscated, it could be sold.

Hefty fines: Commercial fishermen Joseph Dawson and Roger Dacosta walked from Magistrates' Court yesterday after being fined a total of $9,000 each for fisheries offences. Dacosta's 27-foot boat Sheer Luck has been confiscated by Government.