§ 72-929. Relation to Endangered Species Act.

(a)

This article is adopted for the purpose of implementing the provisions of section 202.4 of the Charter to provide protection for sea turtles as a matter of local policy. It is the intent of the county that this division be consistent with, and in furtherance of, the provisions of the Endangered Species Act, 16 U.S.C. §§ 1531 through 1544, and that it satisfy any obligation the county may have under the Act to prevent harm to sea turtles by its election to adopt this regulation. There are no definitive federal standards regarding artificial lighting. The county has used as a guide the state's model lighting ordinance; followed the nesting season dates established by the state; and sought the advice of appropriate federal officials and subject matter experts.

(b)

As an alternative to compliance with the terms of this division, a local government or person may adhere to: (a) a lighting plan reviewed and evaluated in writing by the United States Fish and Wildlife Service as not likely to take sea turtles; or (b) the conditions of a permit issued under federal law authorizing the taking of sea turtles for an otherwise lawful activity.

(c)

Nothing in this division shall be construed to authorize or license any act prohibited by the Endangered Species Act. Artificial lighting not otherwise regulated by this division which may be in violation of the Endangered Species Act, may be reported to the United States Department of Interior, Fish and Wildlife Service, for resolution and enforcement under federal law.

(Ord. No. 99-13, § VI, 6-17-99; Ord. No. 2008-25, § III, 12-4-08; Ord. No. 2011-14, § VI, 5-19-11)