Sea Fisheries (Conservation and Rational Exploitation) (Amendment) Order, 1985.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order may be cited as the Sea Fisheries (Conservation and Rational Exploitation) (Amendment) Order, 1985.
num: 2
paragraphs: (1) The provisions of the Commission Regulation (being measures of conservation of fish stocks and measures of rational exploitation of fisheries), in so far as they relate to the State, including the exclusive fishery limits of the State, are hereby prescribed and adopted and accordingly any infringement of the Commission Regulation within those limits (or as the case may be, within the State), after the commencement of this Order, shall be an infringement of this Order.
(2) In this Article "the Commission Regulation" means Commission Regulation (EEC) No. 3440/84 of 6 December, 19841.
num: 3
paragraphs: (1) Article 3 of the Sea Fisheries (Conservation and Rational Exploitation) Order, 1984 ( S.I. No. 87 of 1984 ); shall not, in so far as it prescribes and adopts the Article, be construed as applying to any fishing net used for fishing for any species which is not a species for which a minimum mesh size is specified in the Council Regulation.
1O.J. No. L318/23 of 7.12.1984.
(2) In any proceedings for an offence under subsection (2) of section 223A (inserted by section 9 of the Fisheries (Amendment) Act, 1978 ) of the Fisheries (Consolidation) Act, 1959 in which a contravention of the Article is proved, it shall be presumed until the contrary is proved that the relevant fishing net was used to fish for a species of fish for which a minimum mesh size is specified in the Council Regulation.
(3) In this Article—
"the Article" means Article 7 of the Council Regulation;
"the Council Regulation" means Council Regulation (EEC) No. 171/83 of 25 January, 19832,as amended by Council Regulation (EEC) No. 2931/83 of 4 October, 19833, Council Regulation (EEC) No. 1637/84 of 7 June, 19844 Council Regulation (EEC) No. 2178/84 of 23 July, 19845 and Council Regulation (EEC) No. 2664/84 of 18 September, 19846.
num: 4
paragraphs: The Sea Fisheries (Conservation and Rational Exploitation) Order, 1984, ( S.I. No. 87 of 1984 ), is hereby amended by:
( a ) the insertion in Article 2 after "4 October, 19833" of "Council Regulation (EEC) No. 1637/84 of 7 June, 19844 Council Regulation (EEC) No. 2178/84 of 23 July, 19845 and Council Regulation (EEC) No. 2664/84 of 18 September, 19846", and
( b ) the substitution of the following Article for Article 6:
"6. (1) The mesh size of nets shall be measured for the purposes of this Order in accordance with the provisions of Commission Regulation (EEC) No. 2108/84 of 23 July, 19847.
(2) Where in proceedings in which a contravention of this Order is alleged, a sea fisheries protection officer gives evidence that at any particular time he was in possession of or was using a gauge marked 'EEC gauge' it shall be presumed until the contrary is proved that the said gauge was a gauge which at that particular time complied with the provisions of Article 1 of the said Commission Regulation (EEC) No. 2108/84 of 23 July, 19847".
2 O.J. No. L24/14 of 27.1.1983.
3 O.J. No. L288/1 of 21.10.1983
4 O.J. No. L156/1 of 13.6.1984
5 O.J. No. L199/1 of 28.7.1984.
6 O.J. No. L253/1 of 21.9.1984.