1. (1) Except as provided in subsection (3), a person may not harvest or land from Florida Waters or possess any oyster less than 3 inches in greatest dimension. Oysters that are 3 inches or more in greatest dimension shall be legal size.
2. (2) (a) A person harvesting oysters from Florida Waters must cull such oysters, unless otherwise provided in this chapter.
3. (b) A person must cull oysters immediately after such oysters are removed from the water. Culling must take place directly over the public reef from which the oysters were harvested.
4. (c) A person must remove all cultch and other debris greater than 1 inch in any dimension from all oysters harvested.
5. (d) A person may not harvest or possess unculled oysters. For purposes of this rule, “unculled oysters” means any bag of oysters containing more undersized oysters than the allowable size limit tolerances established in subsection (3) or any bag containing oysters that have not been cleaned of cultch, other debris, or bedding shell and rock greater than 1 inch in any dimension.

6. (3) Size Limit Tolerances.

   1. (a) Except as provided in paragraph (3)(b) for oysters harvested from waters of Apalachicola Bay, a person may possess undersized oysters under the following conditions:

      1. Tolerance for Attached Oysters. If an undersized oyster is attached to a legal-sized oyster in a manner such that separating them would destroy either oyster, a person may harvest and land from Florida Waters and possess such undersized attached oysters provided that such oysters number no more than 15% of the oysters in any bag. The legal-sized oysters to which the undersized oysters are attached shall be counted separately from the attached oysters.

      2. Tolerance for Individual, Unattached Oysters. A person may harvest and land from Florida Waters and possess undersized, unattached oysters, provided that such oysters number no more than 5% of the oysters in any bag.

   2. (b) For oysters harvested from waters of Apalachicola Bay, a person may possess undersized oysters under the following conditions:

      1. Tolerance for Attached Oysters. If an undersized oyster is attached to a legal-sized oyster in a manner such that separating them would destroy either oyster, a person may harvest and land from Florida Waters and possess no more than 33 such undersized attached oysters in any bag. The legal-sized oysters to which the undersized oysters are attached shall be counted separately from the attached oysters.

      2. Tolerance for Individual, Unattached Oysters. A person may harvest and land from Florida Waters and possess no more than 11 undersized, unattached oysters in any bag.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 12-24-25.