January 30, 2013 at 5:54 p.m.
WEDNESDAY, JULY 6: A 64-year-old man was today fined $10,000 after he admitted collected more than 500 illegal water snails.
Carlos Moniz was charged with taking 544 West Indian top shells in the territorial waters of Bermuda on March 15.
The snails are also known as “Wilkes” and are a protected species.
He was also charged with spear fishing 11 crabs but Senior Magistrate Archibald Warner dismissed the charge.
The court heard Moniz was seen putting the top shells in a bucket at Devonshire Bay and was told by members of the public that they were illegal.
He continued to collect them and refused to put them back.
The Fisheries warden was called to the scene and searched Moniz’s car.
Inside, they found two bags with 544 top shells and crabs that had been speared.
The items were taken to the Bermuda Aquarium, Zoo and Museum.
Top shells that were still alive were placed back into the water.
In court, Moniz apologised and he said he didn’t know it was illegal to harvest the snails.
Crown counsel Kirsty-Ann Kiellor told the court the species has been in Bermuda for more than 120,000 years.
“They are totally prohibited from taking.
“They are blanketed all year round as a protected species.”
She said there were signs displayed at the park in three different languages stating it was illegal to harvest the snails.
Ms Kiellor also told the court top shells were wiped out but were reestablished in 1982.
She suggested a “significant” fine should be handed out as a deterrent to other potential offenders.
As for the charge of spear fishing, Moniz told the court he used a wire to fish out the crabs.
Mr Warner said: “I don’t agree that this is spear or a small device adapted.
“This is a piece of wire, I don’t think he adapted this for spear fishing.”
The Magistrate gave Moniz a $10,000 fine to be paid by August 6 and dismissed the spear fishing charge.
The maximum fine for the snails was $25,000 and or two years imprisonment.
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