The purpose of this rule amendment is to modify the Fish and Wildlife Conservation Commission’s (Commission) oyster rule to give oyster harvesters additional time on the water. The harvest of oysters is jointly managed by the Division of Aquaculture and Consumer Services (DACS) and the Commission. DACS is currently developing a rule in response to a federal mandate for public health purposes that would require harvesters to deliver their oysters to a certified dealer by 11:30 a.m. May through July and by 12:00 Noon, August through October. These proposed DACS rules shorten the time oyster harvesters are allowed to be on the water in those months. Current Commission rules do not allow the harvest of oysters between sundown and sunrise and do not allow the tongs used to harvest oysters to be aboard a vessel that is in transit or moored in or on waters above any public oyster bed or privately controlled or owned bottom between sundown and sunrise. This provision prevents oyster harvesters from leaving the dock before sunrise when harvesting oysters. The proposed rule would modify the Commission’s oyster rules to allow harvesters to leave the dock, transit the bay, and arrive at the oyster bar prior to sunrise if tongs are properly stowed aboard the vessel. The effect of this rule amendment will be to allow commercial oyster harvesters to leave the dock, transit the bay, and arrive at the oyster bar prior to sunrise with tongs properly stowed aboard the vessel, which would allow them additional time to harvest oysters and return to the dock in time to adhere to the proposed DACS regulations.