Bermuda's waters are not being policed effectively because of a lack of manpower and equipment.

And one fisheries warden claims that fish poachers openly flout the law knowing there is little chance of them being either caught or prosecuted.

Alex Davidson added that, even when a law-breaking fisherman does end up in court, magistrates seemed reluctant to impose the stiffest penalties.

Mr. Davidson made the claims yesterday after an illegal fish pot was discovered at Argus Banks, about 30 miles southeast of the Island.

"There's a big problem with it -- there are only four of us and we just can't keep up with the sheer amount of traps,'' Mr. Davidson said. "Back in 1990 fish traps were banned because fish stocks were declining through over use. I imagine the population wouldn't recover in the next 100 years.

"It's only a few fishermen who are doing it but it's something that affects everyone.

"You can be fined up to $5,000 and imprisoned for a year but these penalties aren't being imposed by the Magistrates and the fishermen know that.

"We don't have the staff or the equipment for the job and we need all the help we can get. I don't think most people realise the impact this has on the environment.'' Senior Magistrate Will Francis suggested that, because few cases of illegal fishing come before the courts, Magistrates were perhaps uncertain of what penalty to impose.

He added that additional penalties could be handed out to fisherman by the Environment Ministry.

"Sometimes the summary of facts is so lean we are not made fully aware and it's very seldom that we deal with these things anyway,'' Mr. Francis said.

"But I remember some cases where the Minister has powers to impose penalties on certain fishermen.'' But last night Environment Minister and former magistrate Arthur Hodgson said he would leave the question of punishment to the courts.

However, he did back Mr. Davidson's call for everyone to help police Bermuda's waters.

And he added that, once a Green Paper on the issue was complete at the end of the summer, even stiffer penalties could be drafted up.

"Outside the courts administrative penalties are not the kind of penalty I would impose,'' the Minister said. "If the law is broken then it's up to the courts to convict or not convict and then impose whatever fine. It's also down to the legislature to lay down the maximum fine.

"We don't have any immediate plans to do anything about policing until the Green Paper -- it's one of the problem areas we're looking into.

"But policing in any area depends on the cooperation of the users. It's the community who polices things and then call the Police when they get evidence.

One of the problems with the fishing industry is there's no direct victim.

"If people are fishing illegally other fishermen can help and recreational users can also help.

"I am hoping that someone will come up with some bright ideas to combat it in the Green Paper. If it's decided at the end of the day to put up fines then that's something we will have to consider.''