LIHUE — Enter into a plea agreement or face criminal charges. That was the warning issued to the state of Hawaii from the U.S. Department of Justice in January, in connection with the deaths of a large number of wedge-tailed
LIHUE — Enter into a plea agreement or face criminal charges.
That was the warning issued to the state of Hawaii from the U.S. Department of Justice in January, in connection with the deaths of a large number of wedge-tailed shearwater and other endangered wildlife.
To date, an indictment has not been issued.
The problem is caused by street lights, which attract and disorient the animals, causing injury or death.
It is also a familiar issue on Kauai, one that ultimately brought an unpopular end to Friday night football games during fledging season.
Although the ongoing investigation is statewide, the focus is mainly on Oahu, where the DOJ says a considerable number of the protected shearwater birds have been injured by lights, according to a May 22 release by the American Bird Conservancy.
“There’s been no change in the replacement of the lights or anything at this point,” said Robert Johns, ABC spokesman.
He said the problem “continues to go unresolved” on Oahu, despite the federal government’s warning five months ago.
The County of Kauai and the Kauai Island Utility Cooperative, on the other hand, are no longer in hot water with the feds.
In 2010, both were prosecuted by DOJ for violating the Migratory Bird Treaty Act in connection with the deaths of Newell’s shearwaters, resulting in plea agreements and both defendants being placed under federal probation.
The county’s agreement with DOJ included a $15,000 fine, a $30,000 donation to the Kauai Humane Society’s Save Our Shearwater program, and $180,000 to the National Fish and Wildlife Foundation to benefit the Newell’s shearwater.
The terms and conditions of the county’s probation ended in March, with no additional fines.
“We were deemed in full compliance,” Deputy County Attorney Jody Sayegusa said.
In order to comply with the Endangered Species Act, KIUC was required to lower power lines — which caused the highest number of bird fatalities —as well as protect nesting colonies from predators to offset unavoidable harm. The agreement also included a $40,000 fine, 18 months probation and $225,000 to the NFWF.
“We’ve had a lot of things that we’ve been doing, in addition to our lamp-replacement program (completed in 2003),” said Shelley Paik of the co-op.
In May, KIUC obtained an ESA incidental take permit and is implementing critical measures to protect the seabirds, according to the ABC release.
“To withstand the annual toll taken by KIUC’s operations, the Newell’s shearwater population on Kauai needs safe places to raise healthy chicks,” George Wallace of the ABC said in the release. “That’s why we fought so hard to make sure KIUC contributes its fair share to protect nesting colonies from non-native predators such as rats, cats, and barn owls.”
Wallace said the state DOT is seeking legal counsel in relation to the threatened indictment.
“I don’t yet know at this point whether the state intends to contest the case or enter into a plea agreement,” he said.
Phone calls to the Hawaii DOT were not returned by press time.
• Chris D’Angelo, environmental writer, can be reached at 245-0441 or cdangelo@thegardenisland.com.
