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Florida Administrative Code (Last Updated: April 18, 2024) |
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68. Fish and Wildlife Conservation Commission |
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68B. Marine Fisheries |
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68B-27. Oysters |
1(1) Except as provided in subsection (3) of this rule, no person shall harvest, possess while in or on the waters of the state, or land, any oyster less than three (3) inches in greatest dimension. Oysters which are three (3) inches or more in greatest dimension shall be legal size.
52(2) Each person harvesting oysters from the waters of this state shall cull such oysters, unless otherwise provided in this chapter, or unless otherwise permitted by the Department for the purpose of planting or relaying as provided by law.
91(3) Tolerances. There shall be two types of tolerances allowed with regard to the size of oysters harvested in or on waters of the state.
116(a) Tolerance for Attached Oysters. In instances in which culled oysters less than three (3) inches in greatest dimension are attached to legal size oysters such that to separate them would destroy either oyster, a person may harvest, possess while in or on the waters of the state, and land such undersize attached oysters provided that such oysters number no more than 15% of the oysters in any bag or equivalent container. The legal size oysters to which the undersize oysters are attached shall be counted separately from the attached oysters.
207(b) Tolerance for Individual, Unattached Oysters. A person may harvest, possess while in or on the waters of the state, and land oysters less than three (3) inches in greatest dimension, provided, that such oysters number no more than 5% of the oysters in any bag or equivalent container.
256(4) For purposes of this rule, the term “land” means the physical act of bringing harvested oysters ashore.
274Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Formerly 46-27.015, Amended 10-7-01.
