WM. PRESTON LANE, JR., GOVERNOR. 1519

rocks or reefs, being delineated on charts in the office of the

Department of Tidewater Fisheries.

A natural oyster bar shall also be construed to mean and
include all oyster beds and bars under any of the waters
of this State whereon the natural growth of oysters is of
such abundance that the public have resorted to such beds
or bars for a livelihood, whether continuously or at intervals,
during any oyster season within five years prior to the filing
of any application for a lease of the area in question, or
within five years prior to the making of a resurvey under
Section 12, provided that the actual condition of the area in
question at any time within said respective five-year periods
shall be taken into consideration in determining whether or
not said area is a natural oyster bar.

3. (b) Licenses. No person shall take or catch oysters or
clams for market in the waters of this State who has not been

duly licensed as provided in this Article.

(d) Time for Taking or Landing Oysters. It shall be un-
lawful for any person to take oysters on Sunday or between
sunset and sunrise on any other day, or to land oysters
earlier than one hour before sunrise or later than one hour
after sunset.

(f) Oysters and Clams in Polluted Areas. It shall be un-
lawful for any person to take or catch oysters or clams on any
area closed by the State Board of Health because of pollution,
except that oysters may be transplanted from such polluted
areas during the closed season in accordance with the pro-
visions of Sub-sections 11 (g) and 12 (w) of this Article.

4. (b) Possession and Transportation of Uncalled Oysters.
It shall be unlawful for any person to have oysters in his
possession which contain more than five percent. (5%) of shells
and oysters less than three inches from hinge to mouth
(whether adhering to marketable oysters or not), which
for the purpose of this Article are declared to be un-
merchantable oysters. In ascertaining such percentage the
officers or employees of the Department of Tidewater Fisheries
are hereby authorized and directed to select such amount of
oysters from any pile, hold, bin, house or place as they think
proper and to require the same to be culled and disposed of, as
provided in Sub-section (a) of this section; and any person
violating any of the provisions of this section shall be subject
to the penalties and fines as provided in Section 16 of this
Article, in precisely the same manner as if he were a captain
or master of a boat; and it shall be unlawful for any person