Sentencing — MPI prosecution — not recording rock lobster catch — Fisheries Act 1996, s 255C. The defendant company was for sentence on one charge under the Fisheries Act 1996 for possessing 483kg of rock lobster, which had not been recorded in accordance with Fisheries regulations. The offence is strict liability, carrying a maximum penalty in terms of the company of a $250,000 fine and, for the director of the company, a similar financial penalty and/or a community based sentence. Also, forfeiture applies to the vessel used in commission of the offence and proceeds from the sale of the catch. The company director was also the vessel's skipper and he was responsible for completing fishing returns (the CLR) each day. From 21 December 2017 to 9 January 2018, the vessel caught rock lobster on nine separate occasions and failed to complete any returns. In total, 483kg of spiny rock lobster was taken: a power outage at the company's holding tank meant 220kg of the catch died, but what remained was seized by MPI and disposed of for $24,130.90. The vessel was valued at $100,000. The director had not previously appeared. The Judge reached a starting point for the defendant company of $8,000, and $3,000 for the defendant company director. This was based on the personal mitigating circumstances of the defendant director; namely, that he was suffering from significant personal stress. The Judge granted a 25 percent discount for both early guilty pleas. Regarding the forfeiture of the vessel, the only grounds available for the Judge to use discretion and not order forfeiture was if there were special reasons. In addition to the personal mitigating factors, the defendant argued that an anomaly in the legislation that removed the option for a lower level prosecution was a special reason. However it was not established that the defendant would not have been subject to the present charges regardless of the availability of a lower level infringement. The Judge held that a special reason cannot be one commonly found in cases and that this case did not meet that threshold. Therefore the company was fined $6,000, the director was fined $2,250, and the vessel and $24,130.90 were ordered to be forfeited. The prosecution indicated that they would agree to a $10,000 redemption fee as relief from the forfeiture. Judgment Date: 9 October 2018.