1406 LAWS OF MARYLAND. [CH. 920

attached to a marketable oyster or not, shall be included in
said culling and replaced upon said bed or bar as taken; and
when oysters measuring less than three inches are adhering so
closely to the shell of a marketable oyster as to render removal
impossible "without destroying the small oysters, then such
oysters, including the marketable oyster or oysters shall be
returned to the bed or bar from which they were taken; and the
culling of oysters taken as aforesaid required by this section
shall be actually made and completed before such oysters are
thrown or deposited in the hold or bottom of any boat.

(b) Possession and Transportation of Oysters. It shall be
unlawful for any person to have oysters in his possession which
contain more than five percent (5%) of shells, or any oyster
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 unmerchantable oysters. In ascer-
taining such percentage the officers or employees of the Depart-
ment 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 Sec. 16 of this Article, in precisely the same manner as
if he were a captain or master of a boat; and it shall be unlaw-
ful for any person to transport, or attempt to transport, out-
side of this State, for any purpose whatsoever, unmerchantable
oysters as declared herein, whether the unmerchantable oysters
be taken from or caught on the natural beds or bars of this
State, or from private beds and lots in this State.

(c) Extent of Cull Law. Air the provisions of this Article
relating to the inspection and culling of oysters and the im-
position of penalties for the violation of the cull law shall
apply to oysters in the shell found anywhere within the State,
whether afloat or ashore, and whether said oysters have been
caught within the waters of this State or shipped or brought
into Maryland from other states.

5. TONGING.

(a) Tonging License for Men. Any male person between
the age of fourteen and sixty-five who shall engage in the
taking or catching of oysters by tongs or patent tongs from any
natural oyster bar of this State or who shall be employed on
any tong boat shall first obtain a license as prescribed herein,
provided, however, that no such person shall be deemed to be in
default under the provisions of this sub-section until the lapse