Hawaii resort settles with environmentalists to protect endangered seabird

The Grand Wailea Resort in Maui will make monthly contributions to fund projects benefiting the Hawaiian petrel and take immediate steps to reduce the brightness and intensity of its outdoor lighting.

by Michael Gennaro, Court House News, August 8, 2024

(CN) — In a significant step toward safeguarding the endangered Hawaiian petrel, the Grand Wailea Resort in Maui will now need to make more efforts towards mitigating the harmful effects of its outdoor lighting on the vulnerable seabirds as part of an agreement with conservation groups.

Jonee Peters, executive director of the Conservation Council for Hawaii, referred to the islands as the “endangered species capital of the world” in a statement announcing the settlement.

“We in Hawaii must ensure that we’re doing everything we can to save these magnificent birds from the downward spiral toward extinction that humans have caused," she said. "Grand Wailea has been the biggest source of fallout among hotels in this important petrel flyway, and we appreciate their willingness to work with us on this settlement, which will set a strong standard for other hotels and landowners in Maui County to follow.”

The Hawaiian petrel, known in Hawaiian as ‘uaʻu, is a critically endangered seabird that breeds exclusively in Hawaii, with its largest surviving colony nesting on the slopes of Haleakalā, a volcano near the Grand Wailea Resort.

The birds are particularly susceptible to light pollution, which can disorient fledglings making their first flight to the sea, often leading to fatal outcomes.

Under the terms of the agreement, the Grand Wailea will seek a federal incidental take permit from the U.S. Fish and Wildlife Service, a requirement under the Endangered Species Act for any activity that could harm the petrels.

In the interim, the resort will make monthly contributions to fund projects benefiting the petrels in Maui County and take immediate steps to reduce the brightness and intensity of its outdoor lighting. These actions will bring the resort closer to compliance with a Maui County ordinance mandating a reduction in blue-light content in outdoor lighting by 2026.

The settlement follows a 2022 agreement in which the Grand Wailea first committed to modifying its lighting and implementing measures to protect the petrels. However, fledgling birds continued to be attracted to the resort's lights, with monitors documenting three grounded petrels on the property since the previous agreement — one of which did not survive.

The agreement, finalized on Wednesday, resolves a lawsuit filed in May by the Conservation Council for Hawaii and the Center for Biological Diversity, which sought to protect the petrels from injury and death caused by the resort's bright lights.

“I’m thrilled that the Grand Wailea hotel will take more steps to turn off lights that can be so dangerous for the ʻuaʻu and other Maui seabirds,” said Brett Hartl, government affairs director at the Center for Biological Diversity, in a statement. “Reducing nighttime light pollution around Maui helps ensure that the ʻuaʻu have a better future and that their haunting nocturnal calls will echo from the summit of Haleakalā for generations to come.”

The lawsuit and subsequent agreement highlight the critical need for compliance with federal laws protecting endangered species, according to David Henkin, lead attorney for Earthjustice, which represented the Center for Biological Diversity in the lawsuit.

“The Grand Wailea's decision today is an important step toward saving Hawaii's imperiled seabirds. We urge others to follow suit,” Henkin said in a statement.

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HPR: Maui resort agrees to dim lights to protect native seabirds

PDF: Download Hawaiian Seabird Settlement Agreement