October 9, 2024
Endangered Birds Spur Lighting Overhaul at Resort
Photo credit: Kyo46 - stock.adobe.com
High-end resort faces new lighting restrictions to protect wildlife
A settlement agreement between the Grand Wailea Resort in Maui and environmental groups, signed in 2022, had aimed to resolve allegations that the resort's lighting posed a threat to the endangered Hawaiian petrel, a seabird species protected under the Endangered Species Act (ESA). The agreement, which required the resort to adopt specific measures to minimize harm to the birds, faced an unexpected hurdle that led to a new lawsuit in 2024.
The plaintiffs, the Conservation Council for Hawaiʻi and the Center for Biological Diversity, filed a second complaint after three grounded Hawaiian petrels were discovered at the resort during the 2022 and 2023 fledging seasons, despite the initial settlement. According to the 2022 agreement, plaintiffs had the right to initiate legal action if more grounded petrels were found at the property, triggering the filing of a lawsuit in May 2024. This escalation highlights the ongoing challenges in balancing resort operations with wildlife protection on Maui.
Overview of Lighting Modifications
To address the violations and protect the Hawaiian petrels, a new settlement agreement was signed in August 2024. The agreement mandates several specific lighting adjustments aimed at minimizing the impact on Hawaiian petrels while maintaining necessary illumination for safety and operations.
- Full Shielding of Outdoor Lighting: All outdoor lighting must now feature fully shielded fixtures, preventing light from escaping above a horizontal plane. This measure ensures that no light is emitted into the sky, which could disorient petrels flying at night. Full cut-off fixtures, a common solution in dark-sky compliant designs, will be utilized throughout the property.
- Directional Lighting: Outdoor LED luminaires will be required to direct light downward during the bird fledging season. These lights must adhere to precise installation standards that prevent light from spilling into areas where it could affect wildlife.
- Blue Light Reduction: The resort will work to reduce blue light emissions, as shorter wavelengths of light, especially blue, are known to be particularly harmful to birds. The agreement specifies replacing or retrofitting existing fixtures with sources that emit warmer, longer wavelengths, such as those in the amber or red spectrum. The agreement did not go into technical details outlining specific wavelengths.
- Event Lighting Adjustments: Lighting used for outdoor events, such as weddings or concerts, will be restricted to fully shielded and down-directed fixtures. Additionally, event lights must be positioned to prevent reflection off bodies of water, which could further disorient the birds.
- Seasonal Adjustments for Pool and Tiki Lighting: During the fledging season, all underwater pool lights will be switched to green light and kept at minimum levels, in compliance with Illuminating Engineering Society (IES) recommendations. Tiki torches will also be extinguished by 11 p.m. unless needed for essential safety lighting.
Other Settlement Agreement Requirements
Other specific actions that the Grand Wailea Resort must take to mitigate and monitor its impact on the endangered birds include:
- Biologist Team: The resort is required to hire two biologists, along with two additional searchers, to conduct daily searches for grounded petrels during the fledging season, ensuring any affected birds are promptly found and reported.
- Monitoring and Reporting: The resort must follow strict protocols for monitoring and reporting any grounded petrels to the U.S. Fish and Wildlife Service (USFWS), with updates provided to the plaintiffs. This monitoring ensures compliance with the settlement’s conditions and facilitates real-time responses to potential bird strikes.
- Monthly Payments: The resort will make monthly payments of $5,000 to the National Fish and Wildlife Foundation (NFWF). These funds will be directed toward conservation projects benefiting Hawaiian petrels on Maui. The payments will continue until the resort secures an incidental take permit from USFWS, allowing it to legally operate despite the potential for incidental harm to the birds.
The new agreement builds on the previous settlement, with an enhanced focus on proactive measures and stringent compliance to ensure the protection of the species.
These modifications are designed to minimize light pollution and enhance compliance with environmental regulations. The resort’s efforts in implementing these changes could possibly serve as a case study for other properties located near sensitive wildlife habitats.
