1. (1) Commercial License Requirements –

   1. (a) Shellfish Endorsement.

      1. A commercial harvester may not harvest or attempt to harvest from Florida Waters, possess, land, or sell or attempt to sell oysters unless such person possesses a valid Saltwater Products License and a valid Shellfish Endorsement.

      2. A Shellfish Endorsement shall be issued only to a person with a valid saltwater products license who provides documentation that they have successfully completed a Department-developed or Department-approved training course in shellfish harvest and post-harvest practices as provided in sub-subparagraph (1)(a)2.a., and that is valid for the applicable license year sought.

      a. The Commission shall provide a Department-approved Shellfish Harvester Training Course each year, available at https://learningmyfwc.remote-learner.net. Such course shall only be valid for the license year beginning July 1 through June 30 of the following year.

      b. The Commission shall issue proof of completion to a person who has successfully completed the Shellfish Harvester Training Course.

      3. A person harvesting aquacultured oysters from submerged lands that have been leased for shellfish culture by the State of Florida pursuant to a valid aquaculture certificate of registration issued by the Department is exempt from the requirement to possess a Shellfish Endorsement.

   2. (b) Commercial Apalachicola Bay Endorsement –

      1. (I) Be a Florida resident, as defined in Section 379.101(30)(a), F.S.;
      2. (II) Possess a valid individual or crew Saltwater Products License with a valid Shellfish Endorsement;
      3. (III) Have documented landings of wild oysters harvested from Apalachicola Bay in any year from 2012 through 2020; and,

      4. (IV) Not have a valid Apalachicola Bay Recreational Opportunity Permit.

         3. The Commission may not issue more AB Endorsements for any single license year than are issued pursuant to subparagraph (1)(b)2.. A commercial harvester shall not be issued more than one AB Endorsement for any single license year.

         4. An AB Endorsement must be renewed by June 30 each year. Renewal is subject to the following requirements:

         a. Requalification. A commercial harvester renewing an AB Endorsement shall:

      5. (I) Have documented landings of wild oysters harvested from Apalachicola Bay during the previous license year; and,

      6. (II) Have timely submitted all harvest reporting requirements for any AB Endorsement issued to the applicant prior to the current application year.

         b. Failure to renew an AB Endorsement by June 30 each year will result in forfeiture of the endorsement. Such forfeited endorsements shall be made available to commercial harvesters selected by random-draw lottery for the license year following the non-renewed license period pursuant to subparagraph (1)(b)5.

         5. Beginning with the 2027/2028 license year, any AB Endorsements not renewed and forfeited pursuant to sub-subparagraph (1)(b)4.b. shall be made available to commercial harvesters via random-draw lottery for the license year following the non-renewed license period. Commercial harvesters may apply for such AB Endorsements through the Commission’s online licensing system beginning May 1 and continuing through May 31 each year.

         a. An applicant may only submit one application for an AB Endorsement during any single application period.

         b. Applicants for an AB Endorsement shall:

      7. (I) Be a Florida resident, as defined in Section 379.101(30)(a), F.S.;
      8. (II) Possess a valid individual or crew Saltwater Products License with a valid Shellfish Endorsement;
      9. (III) Not have previously been issued an AB Endorsement for the current application year;
      10. (IV) Have timely submitted all harvest reporting requirements for any AB Endorsement issued to the applicant prior to the current application year; and,

      11. (V) Not have a valid Apalachicola Bay Recreational Opportunity Permit for the current application year.

          c. An AB Endorsement issued pursuant to subparagraph (1)(b)5. must be renewed annually pursuant to subparagraph (1)(b)4.

          6. An AB Endorsement is not transferable. A person may not sell, purchase, transfer, lease, or exchange an AB Endorsement.

          7. An AB Endorsement may not be issued on a vessel Saltwater Products License.

          8. An AB Endorsement does not authorize the harvest or landing of oysters in or from Florida Waters outside of Apalachicola Bay or the sale of oysters harvested from Florida Waters outside of Apalachicola Bay.

          9. Vessel Marking Requirements. A commercial harvester who harvests or attempts to harvest oysters from Apalachicola Bay shall permanently and prominently display on the vessel used in such harvest the harvester’s AB Endorsement number in legible figures such that it is readily identifiable from the water. The AB Endorsement number shall be displayed and permanently affixed vertically to both the starboard and port sides of the vessel in numerals no smaller than 10 inches in height.

          10. Commercial oyster bag tags.

          a. Annually, each commercial harvester issued an AB Endorsement shall be assigned a quantity of Commission-issued oyster bag tags for the bags derived and distributed to each commercial harvester pursuant to subparagraph 68B-27.0041(2)(c)1., F.A.C. Each commercial oyster bag tag shall be valid only for the public reef and license year indicated thereon.

          b. Immediately after culling and retaining an oyster, a commercial harvester who has been issued an AB Endorsement must securely affix a Commission-issued oyster bag tag to each container holding no more than 1 bag of oysters. The harvester may not leave the public reef from which the oyster was harvested unless the bag tag has been affixed to the container holding the oysters. A commercial harvester may only affix an oyster bag tag to a container holding oysters harvested from the public reef indicated on such oyster bag tag.

          c. An oyster bag tag is only valid for the harvest, possession, and landing of one bag of oysters from the public reef indicated thereon. An oyster bag tag cannot be used more than once.

          d. An oyster bag tag is not transferable. A person may not sell, purchase, transfer, lease, or exchange an oyster bag tag.

          e. Once affixed, an oyster bag tag may only be removed from a container holding oysters by a wholesale dealer after the wholesale dealer has purchased the oysters from the harvester. The wholesale dealer shall retain such oyster bag tags on file through the end of the season or for 90 days, whichever is longer.

          11. Reporting requirements. A commercial harvester who harvests oysters in Apalachicola Bay must report such harvest, harvest data, and the following information to the Commission’s oyster reporting system within the time periods described:

          a. The harvester must hail-out to indicate the trip start time and location of departure at the beginning of each trip and before getting underway.

          b. The harvester must report the harvest location for each bag tag used before leaving the public reef where such oysters were harvested. The location for each tag used must be reported individually.

          c. The harvester must hail-in to indicate the trip end time and landing location for each trip before departing the location where the oysters were landed.

          d. At the point of sale, the harvester must identify the wholesale dealer to whom the oysters were sold.

          12. Landing requirements – A commercial harvester may only land oysters harvested from Apalachicola Bay at an approved landing location. The Commission shall give notice of approved landing locations electronically at www.myfwc.com/saltwater/oysters.

      1. Notwithstanding anything to the contrary in subsection 379.361(5), F.S., a commercial harvester may not harvest or attempt to harvest, possess, sell or attempt to sell an oyster from Apalachicola Bay unless:

      a. Such commercial harvester has a valid commercial Apalachicola Bay (AB) Endorsement issued pursuant to paragraph (1)(b), a valid Shellfish Endorsement, and a valid Saltwater Products License;

      b. Such commercial harvester has been assigned and issued commercial oyster bag tags pursuant to subparagraph (1)(b)10., and one such oyster bag tag is securely affixed to each bag of oysters; and,

      c. Such harvest, sale, or possession of oysters is consistent with all other applicable provisions of this Chapter and Chapter 5L-1, F.A.C.

      2. Issuance of AB Endorsements for the initial January 1, 2026, through February 28, 2026, harvest season must be applied for through the Commission’s online licensing system prior to 11:59 p.m. on December 16, 2025.

      a. An applicant may only submit one application for an AB Endorsement during the application period.

      b. Applicants for an AB Endorsement shall:

2. (2) Apalachicola Bay Recreational Opportunity Permits –

   1. (a) A recreational harvester may not harvest, land, or possess an oyster from Apalachicola Bay unless:

      1. Such recreational harvester has a valid recreational saltwater fishing license, unless exempt from such requirement pursuant to s. 379.354(2), F.S., and a valid Apalachicola Bay Recreational Opportunity (ABRO) permit issued pursuant to paragraph (2)(b);

      2. Such recreational harvester has been assigned and issued a recreational oyster bag tag pursuant to paragraph (2)(c), and such oyster bag tag is securely affixed to a bag of oysters; and,

      3. Such harvest or possession of oysters is consistent with other applicable provisions of Chapter 68B-27, F.A.C.

   2. (b) 1. Apalachicola Bay Recreational Opportunity (ABRO) permits for the initial January 1, 2026, through February 28, 2026, harvest period must be applied for through the Commission’s online licensing system prior to 11:59 p.m. on December 16, 2025.

      2. Beginning July 1, 2026, Apalachicola Bay Recreational Opportunity (ABRO) permits may be applied for through the Commission’s online licensing system beginning July 15 and continuing through July 31 each year.

      3. An applicant may only submit one application for an ABRO permit during any single application period; however, an applicant may rank their preference of public reefs open to recreational harvest.

      4. Upon application, an applicant must pay a $5 non-refundable application fee. No person is exempt from paying the special use permit application fee.

      5. Applicants for an ABRO permit shall:

      a. Be a Florida resident, as defined in Section 379.101(30)(b), F.S.;

      b. Not have previously been issued a commercial Apalachicola Bay endorsement for the current application year; and,

      c. Have timely submitted required harvest reporting for any ABRO permits issued to the applicant prior to the current application year.

      6. A person shall not be issued more than one ABRO permit for any single harvest period. An ABRO permit shall only be valid for the public reef and the harvest period indicated thereon. For the purpose of this subsection, “harvest period” means the open harvest season established in subsection 68B-27.005(2), F.A.C.

      7. One oyster bag tag will be issued with each ABRO permit.

      8. The Commission may not issue more ABRO permits for any single harvest period than the total quantity of bags of oysters derived and distributed to recreational harvesters pursuant to subparagraph 68B-27.0041(2)(c)2., F.A.C. If there are fewer applicants for an ABRO permit than the total quantity of bags of oysters derived and distributed to recreational harvesters pursuant to subparagraph 68B-27.0041(2)(c)2., F.A.C., the Commission may reopen the recreational ABRO permit application period in subparagraph (2)(b)1. or (2)(b)2. via notice on the Commission’s website.

      9. An ABRO permit is not transferable. A person may not sell, purchase, transfer, lease, or exchange an ABRO permit.

   3. (c) Recreational oyster bag tags.

      1. A recreational harvester issued an ABRO permit shall be assigned one Commission-issued oyster bag tag. An oyster bag tag shall be valid only for the public reef and harvest period indicated thereon.

      2. Immediately after culling and retaining an oyster, a recreational harvester who has been issued an ABRO permit must securely affix a Commission-issued oyster bag tag to the container holding the oyster(s), which shall not have a capacity that exceeds 1 bag. The harvester may not leave the public reef from which the oyster was harvested unless the bag tag has been affixed to the container holding the oysters. A recreational harvester may only affix an oyster bag tag to a container holding oysters harvested from the public reef indicated on such oyster bag tag.

      3. An oyster bag tag is only valid for the harvest, possession, and landing of 1 bag of oysters from the public reef indicated thereon. A person may not use an oyster bag tag more than once.

      4. Oyster bag tags are not transferable. A person may not sell, purchase, transfer, lease, or exchange an oyster bag tag.

   4. (d) Reporting requirements.

      1. A recreational harvester who harvests oysters under an ABRO permit issued pursuant to this subsection must report such harvest, harvest data, and the following information to the Commission’s oyster reporting system within the time periods described:

      a. The harvester must hail-out to indicate the trip start time and location of departure at the beginning of each trip and before getting underway.

      b. The harvester must report the harvest location before leaving the public reef where such oysters were harvested.

      c. The harvester must hail-in to indicate the trip end time and landing location for each trip before departing the location where the oysters were landed.

      2. Under Section 379.401(1), F.S., failure to file reports required of persons who hold recreational licenses is a non-criminal infraction.

   5. (e) Landing requirements – A recreational harvester may only land oysters harvested from Apalachicola Bay at an approved landing location. The Commission shall give notice of approved landing locations electronically at www.myfwc.com/saltwater/oysters.
   6. (f) No person is exempt from the permitting or tagging requirements of this subsection.
   7. (g) An ABRO permit does not authorize a recreational harvester to sell or attempt to sell an oyster.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const., 379.354 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.354 FS. History–New 12-9-25.