Authorizes the prohibition of artificial lights that are positioned toward and directly illuminate the ocean, unless such light is authorized and required for public safety or safe ocean navigation. Prohibits floodlights, uplights, or spotlights for decorative and accent purposes that are directly visible from the beach.

A BILL FOR AN ACT

SECTION 1. The legislature finds that artificial lighting shining on the ocean or illuminating ocean waters can be disruptive to both avian and marine life. These 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. In addition, there are reports by fishers that artificial illumination affects the behavior of fish.

This Act requires that all artificial lights 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.

The purpose of this Act is to prohibit:

SECTION 2. Section 205A-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Artificial light" or "artificial lighting" means the light emanating from any human-made device.

"Directly illuminate" means illuminate through the use of a glowing element, lamp, globe, or reflector of an artificial light source that is visible to an observer on the beach."

SECTION 3. Chapter 205A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§205A-A Light pollution on ocean waters. Within a special management area, no exterior artificial light fixture shall be positioned toward and directly illuminate ocean waters, unless that light is authorized and required for public safety or safe ocean navigation. Floodlights, uplights, or spotlights for decorative and accent purposes that are directly visible from the beach are prohibited.

§205A-B 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 and directly illuminate ocean waters, unless that light is authorized and required for public safety or safe ocean navigation. Floodlights, uplights, or spotlights for decorative and accent purposes that are directly visible from the beach are prohibited."

SECTION 4. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.