1. (1) A person may harvest or attempt to harvest an oyster only by or with the use of the following gear or methods:

   1. (a) By hand, while diving, swimming, leaning from vessels, or wading, and except as provided in paragraph (1)(b) by tongs.

   2. (b) Tongs.

      1. Through December 31, 2025, a person may not possess tongs in or on Apalachicola Bay.

      2. During the open harvest season established pursuant to subsection 68B-27.005(2), F.A.C., a person may only possess tongs in or on Apalachicola Bay:

      a. If such person has a valid AB endorsement issued pursuant to paragraph 68B-27.009(1)(b), F.A.C, or has a valid ABRO permit issued pursuant to subsection 68B-27.009(2), F.A.C.;

      b. During the harvester’s applicable Apalachicola Bay harvest days as established in paragraph 68B-27.005(2)(c), F.A.C., and,

      c. If such person has an unused quantity of assigned oyster bag tags remaining for the applicable open season.

      3. A person may not possess tongs in or on Apalachicola Bay during the closed season.

      4. A person authorized to possess tongs in or on Apalachicola Bay pursuant to subparagraph (1)(b)2., may stow tongs in vessels between sundown and sunrise.

      5. The provisions of this paragraph do not apply to the authorized harvest of oysters from submerged lands within Apalachicola Bay which have been leased for shellfish culture by the State of Florida.

2. (2) A person may not harvest or attempt to harvest an oyster with gear or methods not expressly permitted in subsection (1). Oysters harvested by or with any unauthorized gear or method must be returned to the water as soon and as reasonably close to a public reef as possible.
3. (3) The possession of any dredge or mechanical harvesting device other than tongs in or on Florida Waters above any public reef is prohibited.
4. (4) Except as provided in sub-subparagraph (1)(b)2.c., tongs may be stowed in vessels between sundown and sunrise.

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