Commercial fishing — rock lobsters — non-complying rock lobster pots — escape apertures — forfeiture of equipment — Fisheries Act 1996, s 255C — Fisheries (Commercial Fishing) Regulations 2001, reg 79. The defendant, who was a commercial fisher, had previously been convicted of using non-complying lobster pots. The lobster pots were non-complying because their escape hatches for undersized lobsters were too small. Because of the conviction, the defendant was subject to automatic forfeiture of his fishing vessel, proceeds and equipment unless special reasons applied. The defendant argued that the reason that the escape hatches were too small was because of modifications that he had made to the lobster pots to make them safer for the lobsters. The Court found that regardless of this the fact remained that the hatches were too small and therefore breached reg 79 of the Fisheries (Commercial Fishing) Regulations, aimed at preventing the taking of undersized lobsters. The Court found that there were no special reasons relating to the offence, and therefore the defendant's fishing vessel, the proceeds of his catch, and the non-complying lobster pots were forfeited to the Ministry. Judgment Date: 30 June 2020.