Report Title:

Light pollution; Special Management Area

Description:

Authorizes the prohibition of artificial lights that are positioned toward or directly illuminate the shoreline, nearshore, and ocean waters unless such light is authorized and required for public safety or safe ocean navigation. (HB1743 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

1743

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to light pollution.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that artificial lighting shining on the ocean or illuminating the shoreline and nearshore waters can be disruptive to both avian and marine life. Such artificial lights have been documented as causing the death of hatching sea turtles, fledgling shearwaters, nocturnal flying sea birds and migratory birds. Laboratory studies have shown that artificial lights can also harm corals that naturally spawn during a full moon by inducing them to spawn artificially during the dark phase of the moon cycle. Additionally, there are reports by fishers that such artificial illumination affects the behavior of fish.

This Act requires that all artificial lights affecting the shorelines and nearshore waters within special management areas be eliminated or mitigated to a degree that avoids any harm to sea turtles, Newell’s shearwaters, dark-rumped petrels, band-rumped storm petrels, Hawaiian monk seals, or any other marine population threatened or harmed due to light pollution from adjacent properties.

This Act prohibits structures within the special management area from allowing artificial light sources to be positioned towards or to directly illuminate the shoreline, nearshore or ocean waters unless such light is authorized for public safety or safe ocean navigation.

SECTION 2. Chapter 205A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§205A- Light pollution on ocean waters. Light pollution shall be prohibited within the special management area, such that no artificial light shall be positioned toward or directed to illuminate any shoreline, nearshore, or ocean waters, unless such light is required for public safety or safe ocean navigation.

§205A- Prohibitions. No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light to be positioned toward or directly illuminate shoreline, nearshore, or ocean waters, unless such light is authorized and required for public safety or safe ocean navigation.

For the purposes of this section, "light pollution" means lumination from an artificial light source that needlessly spills onto adjacent areas from poorly shielded and improperly installed outdoor lighting fixtures and which may cause disruption to both land and marine ecosystems and impair nighttime visual performance."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2020.