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i <br /> I <br /> i <br /> CHAPTER 6213-55 MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION <br /> 6213-55.001 Purpose and Intent. <br /> 62B-55.002 Definitions. <br /> 6213-55.003 Marine Turtle Nesting Areas. <br /> 6213-55.004 General Guidance to Local Governments. <br /> 62B-55.005 Prohibition of Activities Disruptive to Marine Turtles. <br /> 62B-55.006 Model Standards for New Beachfront Lighting. <br /> 6213-55.007 Model Standards for Existing Beachfront Lighting. <br /> 62B-55.008 Proposed Enforcement and Penalties. <br /> 62B-55.009 Monitoring and Reporting Guidance. <br /> 62B-55.001 Purpose and Intent. <br /> The purpose of this rule is to implement Section 161.163,Florida Statutes,which requires the department to designate coastal areas <br /> utilized,or likely to be utilized,by sea turtles for nesting,and to establish guidelines for local government regulations that control <br /> beachfront lighting to protect hatching sea turtles.This Wile is intended to guide local governments in developing ordinances which <br /> will protect hatchling marine turtles from the adverse effects of artificial lighting,provide overall improvement in nesting habitat <br /> degraded by light pollution,and increase successful nesting activity and production of hatchlings. <br /> Specific,4ulhorlty 161.163 FS Law Implemented 161.163 FS.history-New 3-30-93,Formerly 16B-55.001. <br /> 62B-55.002 Defwitions. <br /> (1)"Artificial light"or"artificial lighting"means the light emanating from any human-made device. <br /> (2)"Beach"means the zone of unconsolidated material that extends landward from the mean low water line to the place where <br /> there is a marked change in material or physiographic form,or to the line of permanent vegetation, usually the effective limit of <br /> storm waves. <br /> (3)"Bug"type bulb means any yellow colored light bulb that is marketed as being specifically treated in such a way so as to <br /> reduce the attraction of bugs to the light. <br /> (4)"Coastal construction activities"means any work or activity that is likely to have a material physical effect on existing <br /> coastal conditions or natural shore and inlet processes. <br /> (5)"County"means Bay,Brevard,Broward,Charlotte,Citrus,Collier,Dade,Dixie,Duval,Escambia,Flagler,Franklin,Gulf, <br /> Hernando, Indian River, Jefferson, Lee, Levy, Manatee, Martin, Monroe, Nassau, Okaloosa, Palm Beach, Pasco, Pinellas, St. <br /> Johns,St.Lucie,Santa Rosa,Sarasota,Suwanee,Taylor,Volusis,Wakulla,and Walton Counties. <br /> (6)"Cumulatively illuminated"means illuminated by numerous artificial light sources that as a group illuminate any portion of <br /> the beach. i <br /> (7)"Department"means the Florida Department of Environmental Protection. <br /> (8)"Directly illuminated"means illuminated as a result of glowing element(s),lamp(s),globe(s),or reflector(s)of an artificial <br /> light source which is visible to an observer on the beach. <br /> (9)"Dune"means a mound or ridge of loose sediments,usually sand-sized,lying landward of the beach and deposited by any <br /> natural or artificial mechanism. <br /> (10)"Frontal dune"means the first natural or man-made mound or bluff of sand which is located landward of the beach and <br /> which has sufficient vegetation,height,continuity,and configuration to offer protective value. <br /> (11)"Ground-level barrier"means any vegetation,natural feature or artificial structure rising from the ground which prevents <br /> beachfront lighting from shining directly onto the beach-dune system. <br /> (12)"Hatchling"means any species of marine turtle,within or outside of a nest,that has recently hatched from an egg. <br /> (13)"Indirectly illuminated"means illuminated as a result of the glowing element(s), lamp(s),globe(s),or reflectors)of an <br /> artificial light source which is not visible to an observer on the beach. <br /> (14) `Local government" means any county listed in (4) above and any municipality, community development district, or <br /> special taxing district within those counties. <br /> (15)"Marine turtle"means any marine-dwelling reptile of the families Cheloniidae or Dermochetyidar found in Florida waters <br /> or using the beach as nesting habitat, including the species: Caretta carrua(loggerhead), Chelonia mydas(green),Dermochelys <br /> coriacea(leatherback), lsrrtnwchelys irnbricata (hawksbill), and Lepidochelys kempi(Kemp's ridley). For purposes of this rule, <br /> marine turtle is synonymous with sea turtle. <br /> (16)"Nest"means an area where marine turtle eggs have been naturally deposited or subsequently relocated. <br /> (17)"Nesting season"means the period from May 1 through October 31 of each year for all counties except Brevard.Indian <br /> River,St.Lucie,Martin,Palm Beach,and Broward.Nesting season for Brevard,Indian River,St.Lucie,Martin,Palm Beach,and <br /> Broward counties means the period from March 1 through October 31 of each year. <br /> (18)"Nighttime"means the locally effective time period between sunset and sunrise. <br /> ATTACHMENT 5 <br /> - 40 <br /> 244 <br />