STAND. COM. REP. NO. 753-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 1743

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1743, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LIGHT POLLUTION,"

begs leave to report as follows:

The purpose of this bill is to protect aquatic resources from artificial light pollution by:

(1) Authorizing the Department of Land and Natural Resources (DLNR) to adopt rules to limit or prohibit the emanation of light onto ocean waters by residential properties adjacent to ocean waters in coastal areas of the conservation district; and

(2) Prohibiting structures within special management areas from allowing artificial light to be directed toward or emanating on ocean waters unless authorized and required for safe ocean navigation.

The U.S. Fish and Wildlife Service, Office of Hawaiian Affairs (OHA), Hawaii Audubon Society, Portlock Community Association, Sierra Club, Hawaii Chapter, and numerous concerned individuals testified in support of this bill. The Land Use Research Foundation of Hawaii, DLNR, and the Hawaii Hotel and Lodging Association opposed this measure. The Hawaii Tourism Authority offered comments.

Your Committee heard persuasive testimony concerning the destructive impact on sea life caused by high-intensity light beaming toward the ocean from private residences.

OHA testified that:

"Bright lights mimic the full moon, and sometimes even daylight, to such an extent that nesting turtles and their progeny can be led astray, fish do not come out to feed, already slow-growing corals try to spawn before they are ready, and nocturnal and migrating birds can be fatally confused. . . . These lights, in affecting the life and feeding cycles of sea life, also impact fishers whose sustenance and livelihoods rely on those life forms."

OHA noted that many species, including aweoweo, white eels, menpachi, ala`ihi, u`u, he`e, akule, opelu, opah, and ulua, are fished at night, and artificial lighting affects their feeding, mating, and resting cycles.

A concerned citizen testified that he has observed in his experience as a fisherman that very little marine life exists where residents shine floodlights into the water. Numerous concerned citizens testified that "Light pollution disrupts the marine ecosystem and its effect on our already delicate shoreline may be more far reaching than we can imagine. Fishermen have known for generations that phases of the moon radically alter the behavior of marine species. The effects of unnaturally intense and constant lighting may be devastating if not brought under control."

The U.S. Fish and Wildlife Service provided the following comments:

"Lighting has a demonstrated negative impact on some of Hawaii's wildlife, including federally listed threatened and endangered species. Even when lighting is at a great distance from the beach, endangered hawksbill sea turtles (Eretmochelys imbricata) may be deterred from nesting on a beach. Lights can also confuse turtle hatchlings and they may be drawn toward streets and houses instead of dispersing to the ocean. In this manner, a single bright light near a sea turtle nesting beach can misdirect and cause the death of hundreds of turtle hatchlings. Seabirds, including the endangered Hawaiian petrel (Pterodroma sandwichensis) and the threatened Newell's shearwater (Puffinus auricularis newelli), are often attracted to bright lights and may circle around the lights until they become exhausted and fall to the ground where they become injured or killed by vehicles or predators. While the wedge-tailed shearwater (Puffinus pacificus) is not listed as threatened or endangered, it is protected under the Migratory Bird Treaty Act, and also suffers the negative impacts of lighting as described above. These protected seabirds are found in many areas throughout the State, and still transit coastal areas that are already developed."

As summarized in the testimony of one concerned citizen, "For oceanfront homeowners and businesses, shining lights into the ocean is simply a matter of aesthetics. It is unnecessary. For birds and sea turtles, it's a matter of survival."

The Hawaii Hotel and Lodging Association testified, however, that under this measure as drafted "[e]ssentially all coastal structures would be required to have blackout curtains and outdoor security lighting would be greatly curtailed."

Your Committee finds that this measure is necessary to curtail the harmful effects of light pollution on our ocean resources. Your Committee recognizes that this bill in its present form might require a hotel to apply for a special management area permit, and that further clarification is needed as this bill progresses to clarify how its provisions apply to residences and hotels. Your Committee's objective is not directed at the hotel industry in Waikiki or other areas of our State, but primarily seeks to address the problem of unnecessary lighting beamed outward toward the ocean for decorative purposes that affects ocean life forms, including birds and turtles that need protection.

Your Committee also notes that this measure is not intended to regulate lights such as pyrotechnic displays or torches used for night fishing.

Your Committee has amended this measure by:

(1) Deleting the provision authorizing DLNR to adopt rules to limit or prohibit the emanation of any light onto ocean waters by adjacent residential properties in coastal areas of the conservation district, to allow the special management area use permit process to regulate light pollution;

(2) Moving the definition of "light pollution" from the deleted provision to the remaining provision relating to special management areas;

(3) Providing that the prohibition applies to artificial light positioned toward or that directly illuminate shoreline, nearshore or ocean waters, unless the light is necessary for public safety or safe ocean navigation; and

(4) Inserting a defective date to facilitate further discussion.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1743, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1743, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair