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Dispute grows over protected fishing areas

Mr. Stephen Cabral, a veteran fisherman, was told on Thursday that he was fishing in a protected area.As of last night, a charge of breaking the Fisheries Protected Areas Order had not been laid against Mr. Cabral.

whose boat was impounded.

Mr. Stephen Cabral, a veteran fisherman, was told on Thursday that he was fishing in a protected area.

As of last night, a charge of breaking the Fisheries Protected Areas Order had not been laid against Mr. Cabral. But his 33-foot fishing boat Sea Scorpion 3 was in Police custody and he did not know when he would get it back.

Yesterday, former Department of Fisheries warden Mr. Curtis Dawson criticised Government for its handling of the protected areas.

Without calling Harbour Radio, even fish wardens did not know when they were inside protected areas, he said. So how were fishermen whose boats were not equipped with equipment like a handbearing compass supposed to know? "The areas should be indisputably marked, and they're not,'' said Mr. Dawson, 43, of Pembroke. "If traffic was run like Fisheries, you would never have a traffic conviction.'' Director of Fisheries Mr. John Barnes disputed Mr. Dawson's claims. Fisheries officials called Harbour Radio just to confirm their positions for court purposes, he said. They knew if they were inside the protected area, and if the boat they spotted was inside of where they were, then it was safe to lay a charge.

Lines of sight like the Gibb's Hill Lighthouse were used to identify the areas, and directions were included in the widely-distributed Marine Information booklet, Mr. Barnes said. "You don't have to be a genius to figure out whether you're in or you're out.'' The Southwest Protected Area was off limits during the fish spawning season, from May 1 until August 31. Those found guilty of fishing in protected areas were subject to a fine of up to $5,000, or one year in jail, under the Fisheries Act 1972.

Mr. Cabral said he was doing nothing wrong when Fisheries officials approached him about eight miles off the southwest point of the Island and demanded compensation.

He had to cancel a charter fishing trip that visitors had booked with him for Thursday morning, he said.

"I had my anchor down and I was trying to catch some live robins for bait,'' Mr. Cabral told The Royal Gazette . "They came along side of me and said they were confiscating my boat because I was fishing in a protected area.

"I had tears in my eyes,'' he said.

He said he complained to his MP, Dr. David Dyer, who was going to contact Environment Minister the Hon. Gerald Simons.

Mr. Cabral, 39, of Pembroke, said he had been a full-time fisherman since 1979 and had never been warned or charged for fishing in restricted waters before.

He believed he was near the border of the off-limits area. Even if he was in a protected area, robins were not protected fish, he said.

He had just arrived and was not intending to catch reef fish, he said.

But Mr. Barnes said all anchored fishing was prohibited in a protected area.

"If you're fishing for one thing, it doesn't mean that you're not going to catch something else,'' he said.

Along with his $125,000 boat, Mr. Cabral said he lost iced fish that he caught elsewhere on Wednesday while trolling with live bait.

"I have lost a considerable amount of money, and it's upset my family,'' Mr.

Cabral said. "I want to be compensated for this.'' He estimated he was out about $1,400.

The Fisheries Department officials said they had received complaints, he said.

"There's somebody behind this ... who's got some jealousy or a vendetta against me, who is trying to put me out of business,'' Mr. Cabral said.