1. (1) Except as provided in subsection (4), a person may only harvest an oyster from shellfish harvesting areas open to the harvest of oysters as designated by the Department pursuant to subsection 5L-1.003(1), F.A.C.
2. (2) (a) A person may not harvest or land an oyster from any area not open to the harvest of oysters as designated by the Department pursuant to Rule 5L-1.003, F.A.C., or as designated pursuant to subsection (3).
3. (b) Except as provided in paragraph (2)(c), a person may not possess an oyster in or on Florida Waters that are not open to the harvest of oysters as designated by the Department pursuant to Rule 5L-1.003, F.A.C., or as designated pursuant to subsection (3).
4. (c) Paragraph (2)(b) shall not apply to harvesters operating vessels containing oysters tagged in accordance with subparagraph 68B-27.009(1)(b)10., F.A.C., or paragraph 68B-27.009(2)(c), F.A.C., only if the vessel is proceeding in a continuous and direct route through a closed area to an approved landing location.

5. (3) Procedure for determining open and closed areas in Apalachicola Bay. Each year, the Commission shall determine if public reefs in Apalachicola Bay may be made available to harvest based on the following criteria:

   1. (a) If the Commission determines that a public reef in Apalachicola Bay contains 400 or more bags of legal-sized oysters per acre, such public reef may be opened to harvest during the following open harvest season. The estimated abundance of legal-sized oysters shall be estimated from annual monitoring conducted by the Commission.
   2. (b) If the Commission determines that a public reef in Apalachicola Bay contains fewer than 400 bags of legal-sized oysters per acre, such public reef shall be closed to harvest during the following open harvest season. The estimated abundance of legal-sized oysters shall be estimated from annual monitoring conducted by the Commission.
   3. (c) A public reef that has been cultched shall be closed to harvest for 12 months following such cultching activity. After 12 months, the Commission may only open the cultched public reef during a harvest season if the Commission determines such reef contains 400 or more bags of legal-sized oysters per acre.
   4. (d) Pursuant to Section 120.81(5), F.S., the Commission shall give notice of such open and closed public reefs in Apalachicola Bay electronically at www.myfwc.com/saltwater/oysters. Such notice shall be made prior to October 1 each year.

6. (4) West Bay, Bay County –

   1. (a) A person may not harvest or possess an oyster in or on the waters of the West Bay Estuarine Habitat Restoration Project Zone.
   2. (b) For purposes of this rule, the “West Bay Estuarine Habitat Restoration Project Zone” is defined as the area within the following boundary: Commencing at 30°15.878'N, 85°51.097'W; thence in an easterly direction to 30°15.898'N, 85°50.784'W; thence in a southerly direction to 30°15.354'N, 85°50.791'W; thence south-southeast to 30°14.914'N, 85°50.678'W; thence in a southerly direction to 30°14.531'N, 85°50.655'W; thence southwest to the 30°14.218'N, 85°50.873'W; thence in a westerly direction to 30°14.189'N, 85°51.082'W; thence in a northerly direction along a line following the shoreline to the northwestern-most corner of the West Bay Estuarine Habitat Restoration Project Zone, the point of beginning.

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