Herring (Restriction of Fishing in The Celtic Sea) Order, 1982.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order may be cited as the Herring (Restriction of Fishing in the Celtic Sea) Order, 1982.
num: 2
paragraphs: In this Order—
"sea-fishing boat" means any ship, boat or other vessel of whatsoever kind used for sea-fishing;
"the specified area" means that part of the exclusive fishery limits of the State that lies south of the line of latitude of 52° 30' north.
num: 3
paragraphs: Neither a sea-fishing boat nor a person on board a sea-fishing boat shall engage in fishing for herring in the specified area and the master of a sea-fishing boat shall not cause or permit the boat or any person on board to engage in such fishing in the specified area.
num: 4
paragraphs: ( a ) A sea-fishing boat shall not have herring on board within the specified area.
( b ) The master of a sea-fishing boat shall not cause or permit the boat or any person on board to have herring on board within the specified area.
num: 5
paragraphs: In a prosecution for an offence under Article 4 of this Order it shall be a defence for the defendant to prove that the herring to which the prosecution relates—
( a ) were taken in the course of fishing for sprat and were inextricably mixed with catches of that species and did not exceed 10 per cent by weight of the total catch so taken,
( b ) were taken in the course of fishing for species other than sprat and were inextricably mixed with catches of such species and did not exceed 5 per cent by weight of the total catch so taken, or
( c ) were taken in the course of fishing that did not contravene Article 3 of this Order.
num: 6
paragraphs: (1) In a prosecution for an offence under Article 3 or 4 of this Order committed on or before the 31st day of March, 1983, it shall be a defence for the defendant to prove that, at the time of the alleged offence, the sea-fishing boat to which it relates, or on board which it is alleged to have been committed, was an Irish sea-fishing boat or was registered in the French Republic, the Federal Republic of Germany, the Kingdom of the Netherlands, or the United Kingdom of Great Britain and Northern Ireland.
(2) Where, in a prosecution for an offence under Article 3 or 4 of this Order, there is evidence from which it appears to the Court that the sea-fishing boat to which the alleged offence relates, or on board which it is alleged to have been committed was, at or about the time of such offence, either of an Irish, French, West German, Dutch or British character or origin or that, at or about such time, the boat—
( a ) wore a flag distinctive of Irish, French, West German, Dutch or British nationality, as the case may be, or
( b ) had marked on her stern the name of any place in the State or in the French Republic, the Federal Republic of Germany, the Kingdom of the Netherlands, or the United Kingdom of Great Britain and Northern Ireland, as the case may be, or
( c ) had on board any books, papers or other documents from which it so appears that the boat was, at the time of such offence, of an Irish, French, West German, Dutch or British character or origin,
then, until the contrary is shown, such evidence shall be sufficient to prove, as the case may be, either that, at the time of such offence, the boat was an Irish sea-fishing boat or was registered in the French Republic, the Federal Republic of Germany, the Kingdom of the Netherlands, or the United Kingdom of Great Britain and Northern Ireland, as the case may be.
num: 7
paragraphs: The use of equipment for grading fish on board a sea-fishing boat being used for fishing for herring in the specified area is hereby prohibited.
num: 8
paragraphs: The following orders, namely:
( a ) the Sea Fisheries (Conservation and Rational Exploitation) Order, 1979 ( S.I. No. 212 of 1979 .),
( b ) the Sea Fisheries (Conservation and Rational Exploitation) (No. 2) Order, 1979 ( S.I. No. 420 of 1979 .), and
( c ) the Sea Fisheries (Conservation and Rational Exploitation) Order, 1981 ( S.I. No. 328 of 1981 .),
are hereby revoked.