1. (1) Each year, the annual harvest level for each public reef in Apalachicola Bay meeting the criteria to open such public reef to harvest in paragraph 68B-27.008(3)(a), F.A.C., shall be calculated as 10% of the estimated abundance of legal-sized oysters on each such public reef. The estimated abundance of legal-sized oysters shall be estimated from annual monitoring conducted by the Commission.

2. (2) Distribution of total annual harvest levels.

   1. (a) Subtidal public reefs:

      1. If the total annual harvest level for all subtidal public reefs meeting the criteria in paragraph 68B-27.008(3)(a), F.A.C., is greater than or equal to 2,000 bags of legal-sized oysters:

      a. 95% of the total annual harvest level for each open subtidal public reef shall be distributed to commercial harvesters with valid commercial Apalachicola Bay endorsements pursuant to subparagraph (2)(c)1., and

      b. 5% of the total annual harvest level for each open subtidal public reef shall be distributed to recreational harvesters with valid Apalachicola Bay Recreational Opportunity permits pursuant to subparagraph (2)(c)2.

      2. If the total annual harvest level for all subtidal public reefs meeting the criteria in paragraph 68B-27.008(3)(a), F.A.C., is less than 2,000 bags of legal-sized oysters:

      a. 100% of the total annual harvest level for each open subtidal public reef shall be distributed to commercial harvesters with valid commercial Apalachicola Bay endorsements pursuant to subparagraph (2)(c)1.

      b. 0% of the total annual harvest level for each open subtidal public reef shall be distributed to recreational harvesters.

   2. (b) Intertidal public reefs: 100% of the total annual harvest level for an intertidal public reef that meets the criteria in paragraph 68B-27.008(3)(a), F.A.C., shall be distributed to recreational harvesters with valid Apalachicola Bay Recreational Opportunity permits pursuant to subparagraph (2)(c)2.

   3. (c) Distribution to individuals.

      1. Commercial annual harvest levels derived pursuant to sub-subparagraphs (2)(a)1.a. or (2)(a)2.a. shall be calculated as bags of oysters and shall be distributed evenly between all commercial harvesters licensed pursuant to paragraph 68B-27.009(1)(b), F.A.C., for each harvest season. Only whole bags will be distributed. After the even distribution of each individual reef’s bags, the remaining bags for all open reefs shall be distributed evenly among all commercial harvesters licensed pursuant to paragraph 68B-27.009(1)(b), F.A.C. If the distribution of the commercial annual harvest level for a public reef cannot be evenly distributed to commercial harvesters, then the remaining bags will not be distributed.

      2. Recreational annual harvest levels derived pursuant to sub-subparagraphs (2)(a)1.b., (2)(a)2.b., or paragraph (2)(b) shall be calculated as bags of oysters. One bag will be distributed to each recreational harvester licensed pursuant to subsection 68B-27.009(2), F.A.C., for each harvest season. Only whole bags will be distributed.

3. (3) Pursuant to Section 120.81(5), F.S., the Commission shall give notice of public reef-specific annual harvest levels and the quantity of public reef-specific bags to be distributed to commercial and recreational harvesters pursuant to this rule electronically at www.myfwc.com/saltwater/oysters. Such notice shall be made prior to October 1 each year.

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