Hawaiian Electric has reached an agreement with two conservation groups on what it will do to protect imperiled seabirds in Maui County from collisions with its power lines.

According to Earthjustice, a three-year agreement was reached Oct. 30 between the company and two nonprofits it represents: the Conservation Council for Hawai‘i and American Bird Conservancy.

The groups had notified the company in January of their intent to file suit over the ongoing harm to endangered Hawaiian petrels and threatened Newell’s shearwaters that were colliding with power lines on Maui and Lanai while flying out to sea and back to their nests at night.

In 2022, the notice said, acoustic sensors on high-risk power lines on Maui detected over 200 potential collisions with federally listed seabirds in less than four months. Without required permits, this is a violation of the Endangered Species Act.

Hawaiian Electric has agreed take the following measures:

>> To install diverters on its power lines on Maui and Lanai that are potential seabird flyways to make them easier to see and avoid.

>> To expedite its long-term project to lower power lines atop Haleakala, which is near the largest remaining colony of Hawaiian petrels.

>> To provide over $480,000 per year for a project monitoring and enhancing Hawaiian petrel habitat in the Nakula Natural Area Reserve and Kahikinui Forest Reserve on Maui.

>> To conduct additional studies on the impacts of its power lines on imperiled seabirds in Maui County.

“With this agreement, we are making critical progress in the fight to save these native birds, which are part of our natural and cultural heritage and have been threatened with extinction for decades,” said CCH Executive Director Jonee Peters in a news release. “While there is still much work to be done to protect these species, we appreciate Hawaiian Electric’s willingness to engage with us and take action on these immediate and longer-term protections.”

In the long term, Hawaiian Electric will work to secure required permits from the state Division of Forestry and Wildlife and U.S. Fish and Wildlife Service for Maui, but not yet for Lanai.

As part of the years-long permitting process, Hawaiian Electric must develop a habitat conservation plan outlining how it will reduce and offset the impacts of power-line collisions on the seabirds.

“This settlement demonstrates the benefits of working through our differences in good faith and coming together for the common good,” said Brad Keitt, American Bird Conservancy’s Oceans and Islands director. “We hope that other businesses and entities facing similar issues will follow Hawaiian Electric’s lead and do what’s right for Hawaii’s endangered and threatened species.”

Separately, Earthjustice intends to move forward in its suit against Maui County over streetlights that disorient seabirds, particularly fledglings, that rely on the moon and stars to navigate their way to the sea, resulting in fallout.

Hawaiian Electric operates the streetlights under contracts with Maui County.

Earthjustice Attorney David Henkin said, “It’s long past time for Maui County to do the same and address the ongoing harm that the county’s streetlights inflict on these critically imperiled species.”

Henkin said in the wake of the 2023 wildfires, Maui County has a unique opportunity to implement strategies protecting both the public and imperiled wildlife.

If the federal court approves the settlement, Earthjustice’s case against Hawaiian Electric will be dismissed. The potential suit against Maui County is expected to move forward.

“Hawaiian Electric’s commitment to protecting Hawaii’s seabirds aligns with our efforts to be good stewards of our island environment while providing reliable electric service,” said Mathew McNeff, Hawaiian Electric’s director of Maui County, in a statement. “This agreement includes commitments to add further protections minimizing potential impacts and projects that will help increase seabird populations while the company fulfills its long-term, ongoing commitment to produce a habitat conservation plan and obtain the related permits. We appreciate the collaboration with agency partners and conservation organizations to ensure native seabirds survive and flourish.”