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HECO, Maui County may be sued for harm to seabirds

'A'o are mainly spotted offshore foraging in mixed-species flocks. Both males and females have dark-colored backs with white undersides and underwings.
Alex Wang
/
HPR
'A'o are mainly spotted offshore foraging in mixed-species flocks. Both males and females have dark-colored backs with white undersides and underwings.

Hawaiian Electric and Maui County are facing possible litigation over harm posed to seabirds by power lines and streetlights on Maui and Lāna‘i.

The Conservation Council for Hawaiʻi and the American Bird Conservancy, represented by Earthjustice, submitted notice this week that they may file a lawsuit seeking to "put an end to HECO's and the County's illegal conduct," according to a statement.

Seabirds often mistake streetlamps for moonlight. They may accidentally collide with the light or a nearby structure, or fly around the artificial light to the point of exhaustion and fall to the ground.

The downed birds are vulnerable to predation or may accidentally get run over by cars.

Power lines pose a similar obstacle to seabirds, who struggle to navigate around them in the dark.

The endemic ‘a’o, also known as Newell’s shearwater, is one impacted species. Shearwater populations have declined by 95%, mostly due to predation.

Brad Keitt, oceans and islands director for American Bird Conservancy, said that HECO has known for decades that its power lines cause harm to birds.

“We’ve called on HECO to put necessary protective measures in place, but so far, very little progress has been made to stop these unnecessary bird deaths,” Keitt said.

Under provisions set out by the Endangered Species Act, HECO and Maui County have 60 days to take action before the plaintiffs can officially file a lawsuit.

Savannah Harriman-Pote is the energy and climate change reporter. She is also the lead producer of HPR's "This Is Our Hawaiʻi" podcast. Contact her at sharrimanpote@hawaiipublicradio.org.
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