The Florida Fish and Wildlife Conservation Commission (FWC) hereby gives notice:
Has issued an Order (Case No. WV 11-01). The Order grants the Florida Fish and Wildlife Conservation Commission’s Office of Recreation Services (Petitioner) a permanent variance from a portion of the Additional Specifications for Information, Danger, and Regulatory Markers rule (subsection 68D-23.109(3), Florida Administrative Code) which restricts the size of a sign used for information, danger, or regulatory on the waterway to be no smaller than three feet by three feet. The petition sought authorization from the size restriction for signs posting paddling trails. Signs installed to mark a paddling trail are generally located on narrow, twisting waterways inaccessible to motorized vessels but which appeal to small, non-motorized boats such as canoes and kayaks. The signs convey information such as the paddling trail direction or campsite locations. Petitioner demonstrated that signs less than three feet in size would adequately inform the user and not create a navigation hazard on small winding waterways.
Based on the information presented, FWC granted a permanent variance which allows for information signs being permitted to mark paddling trails as follows:
9'' x 12'' signs posted on waterways 30' or less in width
15'' x 20'' signs posted on waterways more than 30' wide
It was determined that signs of these sizes would be appropriate based on the size of the waterway, the nature of the vessels (canoes and kayaks) using the waterway and would be appropriate given the aesthetics of the wilderness setting. Petitioner would enjoy a reduction in costs in the manufacture and installation of the smaller sign panel. This variance, from a portion of subsection 68D-23.109(3), F.A.C., does not exempt the Petitioner from the permit requirements of the Commission’s Division of Law Enforcement Boating and Waterways Section for the installation of such waterway signs.
The FWC received the petition on July 5, 2011, and a notice of petition was published in the Florida Administrative Weekly on July 29, 2011 (Vol. 37, No. 30). There were no comments submitted within 14 days following publication of the notice. The petition was granted because issuance of the variance meets the purposes of the underlying law, Sections 327.40 and 327.41, Florida Statutes, and because the petitioner demonstrated substantial hardship or that application of the rule would violate principles of fairness.
A copy of the Order or additional information may be obtained by contacting:
Captain Richard Moore, Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600, phone: (850)488-5600 or email: waterway.management@myfwc.com.