Ch. 370 <strong>SALT</strong> <strong>WATER</strong> <strong>FISHERIES</strong> <strong>AND</strong> <strong>CONSERVATION</strong> Ch. 370 the division for the purpose of determining whether a natural oyster or clam reef, having an area of not less than one hundred square yards, existed within the leased area, on the date of the lease, witn sufficient natural or maternal oysters or clams thereon (not including coon oysters) to have constituted a stratum sutficient to have been resorted to by the public generally for the purpose of gathering the same to sell for a livelihood. The said petition shall be in writing addressed to the division of marine resources of the department of natural resources, verified under oath, stating the location and approximate area of the natural reef, the claim or interest of the petitioner therein and requesting the cancellation of the lease to the said natural reef. No petition may be considered unless it be accompanied by a deposit of ten dollars to defray the expense of examining into the matter. The petition may include several contemporaneous natural reefs of oysters or clams. Upon receipt of such petition the division shall cause an investigation to be made into the truth of the allegations of the petition and if found untrue the ten dollars deposit shall be retained by the division to defray the expense of the investigation, but should the allegations of the petition be found true and the leased premises to contain a natural oyster or clam reef, as above described, the said ten dollars shall be returned to the petitioner and the costs and expenses of the investigation taxed against the lessee and the lease canceled to the extent of the natural reef and the same shall be marked with buoys and stakes and notices placed thereon showing the same to be a public reef, the cost of said markers and notices to be taxed against the lessee. The lessee shall be notified of the filing of the petition and of the time and place of investigation and be given full and reasonable opportunity to be heard. The decision of the division shall be subject to review by certiorari by the circuit court of the county within which the alleged natural reef is situated. The decision of the circuit court shall be subject to appeal to the appropriate district court of appeal. (9) WHEN NATURAL REEFS MAY BE INCLUDED IN LEASE.-When an application for oyster or clam bedding grounds is filed and upon survey of such bedding ground, it should develop that the area applied for contains natural oyster or clam reefs or beds less in size than one hundred square yards, or oyster or clam reefs or bars of greater size, but not of sufficient quantity to constitute a stratum, and it should further be made to appear to the division by the affidavit of the applicant, together with such other proof as the division require, that the natural reef, bed or bar ould not be excluded, and the territory applied properly protected or policed, the division if it deems it for the best interest of the and the oyster industry so to do, permit including of such natural reefs, beds, or 1855 bars; and it shall fix a reasonable value on the same, to be paid by the applicant for such bedding ground; provided, that no such natural reefs shall be included in any lease hereafter granted to the bottom or bed of waters of this state contiguous to Franklin county. There shall be no future oyster leases issued in Franklin county. (10) SETTLEMENT OF BOUNDARY DIS PUTES; REVIEW.-Tbe division shall determine and settle all disputes as to boundaries between lessees of bedding grounds, the proceedings to be conducted under such rules and regulations as the division may prescribe. In this connection the division may appoint a master to act in the matter and advise it concerning the same. All parties shall have a right of review by certiorari by the circuit courts from decisions and orders of the division. The division shall, in all cases, be the judge as to whether any particular bottom is or is not a natural reef, or whether it is suitable for bedding oysters or clams. (11) TRESPASS ON LEA SED BEDS; GATHERING OYSTERS BETWEEN SUNSET <strong>AND</strong> SUNRISE FROM NATURAL REEFS, ETC.-Any person, who shall willfully take oysters, shells, cultch or clams bedded or planted by a licensee under this chapter, or grantee under the provisions of heretofore existing laws, or riparian owner who may have heretofore planted the same on his riparian bottoms, or any oysters or clams deposited by anyone making up a cargo for market, or who shall willfully carry or attempt to carry away the same without permission of the owner thereof, or who shall willfully or knowingly remove, break off, destroy, or otherwise injure or alter any stakes, bounds, monuments, buoys, notices or other designations of any natural oyster or clam reefs or beds or private bedding or propagating grounds, or who shall willfully injure, destroy or remove any other protection around any oyster or clam beds, or who shall willfully move any bedding ground stakes, buoys, marks or designations, placed by the division, or who shall gather oysters between sunset and sunrise from the natural reefs or from private bedding grounds, unless he shall have lights attached to the rigging of said boat or vessel, if the same be a sailing vessel, or placed in some conspicuous place on said boat or vessel, if the same be a power boat or vessel, in such a manner that it may be seen from every direction, shall be guilty of a violation of the provisions of this section and upon conviction thereof, shall be fined six hundred dollars or imprisoned for one year in the state prison or be subject to both such fine and imprisonment. (12) PROTECTION OF OYSTER <strong>AND</strong> CLAM REEFS.-The division shall improve, enlarge and protect the natural oyster and