ANDRE RAINE / US FISH AND WILDLIFE SERVICE A Hawaiian petrel chick, or uau, in its burrow.
ANDRE RAINE / US FISH AND WILDLIFE SERVICE A Hawaiian petrel chick, or uau, in its burrow.
Earthjustice has filed suit against Maui County over street lighting that disorients threatened and endangered Hawaiian seabirds.
Earthjustice, which represents the Conservation Council for Hawaii and the American Bird Conservancy, also named Hawaiian Electric in the lawsuit in U.S. District Court, but recently issued a decision on what steps it would take to protect seabirds from collisions with power lines on Maui. .
The groups are concerned about three seabirds: the endangered Hawaiian petrel, or uau; the endangered petrel, or akeake; and the endangered Newell’s shearwater, or oa.
Conservationists say the birds, which are guided by the moon and stars at night to make their way from nest to sea, are disoriented by the bright, artificial light coming from the province’s street lamps.
This causes them to circle around it until they fall and become exhausted, leaving them vulnerable to predators, dehydration, or being run over by cars.
“These birds are unique to Hawaii and we have already lost far too many of them,” Jonee Peters, executive director of the Conservation Council for Hawaii, said in a news release. “There are proven solutions to reduce the pull of light, such as what Hawaii County has done to reduce the blue light content of streetlights on the Big Island. Maui County should follow suit.”
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While Hawaiian Electric owns and operates the street lights, Maui County dictates the parameters for the operation of street lights on its roads, Earthjustice said.
Both power lines and street lighting need to be addressed to protect the birds, the groups said.
Earthjustice said that under the Endangered Species Act, both Hawaiian Electric and Maui County are liable for damage to seabirds and must obtain required permits, which means developing habitat conservation plans.
Hawaiian Electric agreed to take certain actions — such as installing diverters on some of its power lines — while working to obtain federal and state permits.
Maui County said it could not comment on pending litigation.
American Bird Conservancy Oceans and Islands Director Brad Keitt said current populations of both the uau and oa are only a small fraction of their historic numbers, with threats such as Maui County’s street lights continuing to drive these declines.
Known populations of endangered uau have dwindled to an estimated 12,000 to 16,000 individuals remaining in the wild; the Hawaiian population of endangered waterfowl still numbers about 240 breeding pairs; and the estimated number among others is 10,000.
Maui County is home to some of the largest remaining colonies of Hawaiian petrels that nest near the summit of Haleakala on Maui and at Lanaihale on Lanai.
Hawaiian Electric has agreed to expedite its long-term power line lowering project atop Haleakala. But the bright street lights still pose a threat to the birds, especially the young ones, as they make their way from their nests to the sea.
“These streetlights are especially dangerous for young birds just beginning to learn to navigate by moon and starlight, but adult birds can also be affected by precipitation,” he said in a statement. “To help stop further population declines, the county must comply with the Endangered Species Act and work with Hawaiian Electric to implement measures that prevent these unnecessary injuries and deaths.”
Keitt said there are a number of different solutions, such as shielding light, reducing light when not needed, and using certain wavelengths of light that make them less attractive to seabirds.
Priority has been given to how this can be done on the islands. For example, the 2020 Kauai Seabird Habitat Conservation Plan outlines detailed actions and strategies to reduce the impact of artificial lighting.
Conservation groups reached out to the Grand Wailea Resort on Maui this summer after filing a similar lawsuit over artificial lighting.
“These are all options that need to be evaluated,” Keitt said. “We look forward to working with the province to explain how these different options can be implemented.”
