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<br /> 0 9) "Person" means individuals, firms, associations, j1oint ventures, estates, trusts, syndicates, fiduciaries,
<br /> corporations,and all other groups or combinations. 1
<br /> (20) `Tinted glass"means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of
<br /> 45%or less Such transmittance is limited to the visible spectrum (400 to 700 nanometers)and is measured as the percentage of
<br /> light that is transmitted through the glass,
<br /> SpecficAuthority 161.163 FS.Lmv Implemented 161.163 FS History-,dew 3-30-93,Formerly 168-53.002.
<br /> 62B-55.003 Marine Trifle Nesting Areas.
<br /> Scientific investigations have demonstrated that marine turtles can nest along the entire coastline of the state.Historical data are not
<br /> sufficient to exclude arty county as an area utilized by marine turtles for nesting.For the purposes of this Wile,however,the coastal
<br /> areas of the state utilized, or likely to be utilized, by marine turtles for nesting include all beaches adjoining the waters of the
<br /> Atlantic Ocean,the Gulf of Mexico,and the Straits of Florida and located within Bay,Brevard,Broward,Charlotte,Collier,Dade,
<br /> Dural,Escambia,Flagler, Franklin,Gulf,Indian River,Lee.Manatee,Martin, Monroe,Nassau,Okaloosa, Palm Beach,Pinellas,
<br /> St.Johns,St.Lucie,Santa Rosa,Sarasota,Volusia,and Walton Counties;and all inlet shore]ines of those beaches.
<br /> Speck Authority 161.63 FS.Lax Implemented 161.163 FS.History-New 3-30-93,Formerly 16B-55.003.
<br /> 6213-55.004 General Guidance to Local Governments.
<br /> (1) The responsibility for protecting nesting female and hatchling marine turtles should be a joint responsibility of local
<br /> government and the department- Local governments are encouraged to adopt, implement, and enforce the guidelines provided
<br /> herein to assist in that responsibility. Local governments that have adopted less stringent regulations should consider amending
<br /> existing ordinances to provide greater protection to nesting marine turtles and hatchlings. In the process of implementing these
<br /> guidelines,the following management goals should also be considered by local governments:
<br /> (a) Public Awareness. Any person submitting an application for coastal conduction activities within the jurisdictional
<br /> boundaries of the local government should be informed of the existence of and requirements within the local govemmenfs
<br /> ordinances concerning artificial lighting and marine trade protection.
<br /> (b)Local Government-Department Communication.Upon adoption of these guidelines,a system of communication between
<br /> the local government and the department should be developed if it does not already exist. Protection of marine turtle nesting
<br /> habitat,nesting females,and hatchlings is greatly enhanced when local governments manage their beaches and coastal activities in
<br /> a manner consistent with prudent marine turtle conservation strategies. The depaitatent is ready to assist local governments by
<br /> providing such conservation information and other technical assistance.
<br /> (c) Inter-Governmental Cooperation. Upon adoption of these guidelines, local governments should develop a system for
<br /> receiving copies of permits issued by the department, the Department of Environmental Protection, or the United States Army
<br /> Corps of Engineers for any coastal construction within the local government's jurisdiction. Activities permitted by these agencies
<br /> should be assessed for compliance with the local government's lighting ordinance.
<br /> (d) Enforcement. Local governments should develop a process for the consistent and effective enforcement of adopted
<br /> guidelines. This process should include at least one compliance inspection of the beach conducted at night prior 10 the
<br /> commencement of the main portion of the marine turtle nesting season and one compliance inspection conducted during the marine
<br /> turtle nesting season.
<br /> (2) The department considers the provisions of this chapter to be minimum guidelines for the protection of nesting habitat,
<br /> nesting females, and hatchling marine turtles from the negative effects of artificial lighting. More stringent standards for marine
<br /> turtle protection may be adopted by local governments. Prior to adoption of any additional standards, local governments are
<br /> encouraged to consult with the department to ensure that the proposed standards are consistent with the guidelines set forth herein
<br /> and with all other applicable department rules.
<br /> SpecifrcAuthority 161.63 FS Low,Implemented 161.163 FS.History-New,3-30-93,Formerly 16B-55.004.
<br /> 6213-55.005 Prohibition of Activities Disruptive to Marine Turtles.
<br /> The following activities involving direct illumination of portions of the beach should be prohibited on the beach at nighttime during
<br /> the nesting season for the protection of nesting females,nests,and hatchling marine turtles:
<br /> (1)The operation of all motorized vehicles,except emergency and law enforcement vehicles or those permitted on the beech
<br /> for marine turtle conservation or research.
<br /> (2)The building of campfires or bonfires.
<br /> Specific Authority 161.63 FS.Law Implemented 161.163 FS.History New 3-30-93.Formerly 168-55.005.
<br /> 6213-55.006 Model Standards for New Beachfront Lighting.
<br /> In order to provide the highest level of protection for nesting marine turtles and their hatchlings,local governments should adopt all
<br /> of the following standards for artificial light sources on all new coastal construction:
<br /> (1)Exterior artificial light fixtures shall be designed and positioned so that:
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<br /> AMMENT 5 245
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