30105422, 68B-27.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30105422

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Marine Fisheries

Chapter:

OYSTERS

Overview

RULE:

68B-27.003	Size Limit; Size Limit Tolerances
68B-27.015	Oyster Size Limit

PURPOSE:

The purposes of these proposed rule amendments are to modify statewide tolerances for harvest of undersized oysters, clarify statewide culling requirements, and standardize the organizational structure within the oyster rule chapter (68B-27, F.A.C.).

The effects of the proposed rules include changing the undersized tolerances from percentages to numbers. Additionally, the proposed rules would make the culling requirements more straightforward, clearly stating that culling must occur at the harvest site and that harvesters must remove all cultch material (i.e., oyster shell, rock, or other material suitable to support the settlement and growth of oyster larvae) greater than 1 inch in size from harvested oysters. The proposed rules also expressly prohibit the possession of unculled oysters. Finally, the proposed rules would move the rule pertaining to size limits and culling from 68B-27.015, F.A.C., to 68B-27.003, F.A.C., to align the rule chapter structure with other marine fisheries rule chapters.

SUMMARY:

Oysters are one of only a few marine species managed by the Florida Fish and Wildlife Conservation Commission (FWC) where harvesters are allowed to retain product below the minimum size limit. Currently, the rules establish percentage tolerances for undersized oysters. The proposed rules would turn these percentages into fixed numbers. Harvesters would be allowed to retain up to 11 undersized, unattached oysters per bag, as well as up to 33 attached, undersized oysters per bag.

Currently, the FWC rules require harvesters to cull their oysters immediately after they are taken out of the water. “Cull” or “culling” means to sort oysters immediately after they are taken out of the water, returning oysters which are not of legal size, and cleaning mud, bedding shell, rock, and other debris off of the retained oysters that are legal size. Revising and clarifying culling rules could minimize reef loss by reducing the removal of undersized oysters and other reef material, like the rocks used in restoration. 

The proposed rules would make the culling requirements more straightforward. They would clearly state that culling must occur at the harvest site and that harvesters must remove all cultch material (i.e., oyster shell, rock, or other material suitable to support the settlement and growth of oyster larvae) greater than 1 inch in size from harvested oysters. The proposed rules also expressly prohibit the possession of unculled oysters. 

The proposed change to the organizational structure is part of a larger rule cleanup process for marine fisheries rules. This rule cleanup process is intended to clarify, streamline, and standardize all marine fisheries rule language.

RULEMAKING AUTHORITY:

Article IV, Section 9, Florida Constitution

LAW:

Article IV, Section 9, Florida Constitution

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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