30105325, 68B-27.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30105325

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

OYSTERS

Overview

RULE:

68B-27.001	Additional Applicable Regulations
68B-27.002	Definitions
68B-27.004	Bag and Vessel Limits; Harvest and Possession Limits
68B-27.0041	Apalachicola Bay Annual Harvest Levels; Derivation and Distribution of Apalachicola Bay Annual Harvest Levels
68B-27.005	Seasons; Open and Closed Periods
68B-27.006	Allowable Gear; Prohibited Gear; Harvest Methods
68B-27.007	Sale and Purchase Requirements
68B-27.008	Open and Closed Areas
68B-27.009	License Requirements
68B-27.011	Commercial Oyster Harvest Monitoring
68B-27.013	Definitions (Repealed)
68B-27.014	Statewide Bag Limits on Oyster Harvesting (Repealed)
68B-27.016	Oyster Harvest Monitoring (Repealed)
68B-27.017	Apalachicola Bay Oyster Harvesting Restrictions (Repealed)
68B-27.0175	West Bay (Bay County) Oyster Harvesting Restrictions (Repealed)
68B-27.018	Statewide Harvesting Restrictions (Repealed)
68B-27.019	Seasons (Repealed)
68B-27.020	Applicability to Oysters on Leased Parcels (Repealed)

PURPOSE:

The purposes of these proposed rule amendments are to establish a new management framework for oyster harvest in Apalachicola Bay and standardize the organizational structure and rule language within the oyster rule chapter (68B-27, F.A.C.).  

The effect of these proposed rule amendments would be to establish a new management framework for the harvest of oysters from Apalachicola Bay. This would include creating an endorsement for the commercial harvest of oysters from Apalachicola Bay with qualifications and renewal requirements, and a process for issuance. Additionally, it would include creating a permit for recreational oyster harvest from Apalachicola Bay with qualification requirements and a process for issuance. The effect of the proposed rules for both commercial and recreational oyster harvest from Apalachicola Bay also includes establishing a procedure for determining which reefs are open each season, setting annual harvest levels, distributing harvest tags to authorized participants, establishing harvest season and days, establishing reporting requirements, and requiring mandatory landing locations. Finally, the proposed rules would reorganize the structure of the rule chapter to align with other marine fisheries rule chapters and replace the term “harvest” with “harvest or attempt to harvest” and replace all instances of the term “sell” with “sell or offer for sale.”

SUMMARY:

These proposed rules would establish a new harvest management framework for Apalachicola Bay to take effect when the current closure for oyster harvest sunsets after December 31, 2025. The Commission is proposing rules that would align harvest regulations with the current state of the resource, which is currently still in recovery following a collapse that began in 2013. The proposed rules create an adaptive management framework for opening reefs based on biological thresholds, with a process for setting annual harvest levels and distributing harvest tags to authorized participants. The proposed rules for the commercial endorsement, recreational permit, harvest season and days, reporting requirements, and mandatory landing locations all support the larger harvest framework. 

The proposed rules to change the organizational structure of the oyster rule chapter, replace the term “harvest” with “harvest or attempt to harvest,” and replace all instances of the term “sell” with “sell or offer for sale” are part of the larger rule cleanup process for marine fisheries rules. This rule cleanup process is intended to clarify, streamline, and standardize all of the marine fisheries rule language.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution, s. 379.354, Florida Statutes

LAW:

Article IV, Section 9, Florida Constitution, s. 379.354, Florida Statutes

PRINT PUBLISH DATE:

10/15/2025 Vol. 51/201

COMMENTS:

From 10/15/2025 To 11/5/2025 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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