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. 6.
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.
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.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.