Conservation groups that filed suit against the Grand Wailea Resort on Maui over the harm its bright lights cause to endangered seabirds have reached a settlement agreement.

Earthjustice, which represented the groups, said the agreement on Wednesday resolves the suit filed in May in U.S. District Court in Hawaii.

Earthjustice represented the Conservation Council for Hawaii and the Center for Biological Diversity, two nonprofits that were concerned the luxury resort’s bright lights continued to disorient Hawaiian petrels, despite an earlier agreement reached in 2022.

Under the latest agreement, the Grand Wailea will contribute monthly to projects benefiting Hawaiian petrels in Maui County while working to obtain a required federal permit from the U.S. Fish and Wildlife Service.

“As the ‘endangered species capital of the world,’ 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,” said Jonee Peters, executive director at Conservation Council for Hawaii, in a statement. “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 petrels, or uau, are native seabirds that travel thousands of miles across the Pacific to forage. Adults, when ready, will return to nest at the same site where they fledged.

The artificial lights pose a problem because the birds, particularly fledglings, confuse them for celestial light that guides them from their nests to the ocean.

During the fledgling season from September to December, Hawaiian petrels heading out to sea for the first time are waylaid by the artificial lights and often end up circling them until they fall to the ground from exhaustion.

Once grounded, they have a hard time taking flight again and are vulnerable to predators, starvation, or being run over by cars.

The permit is required because the seabirds are protected under the U.S. Endangered Species Act. Under the permit, the resort would have to comply with a strict set of requirements that include having a habitat conservation plan in place.

The plan is being completed in consultation with the USFWS, according to a Grand Wailea spokesperson, and the resort will increase the staff responsible for searching the property for downed birds during the fledgling season using night vision technology.

The Grand Wailea also agreed to reduce the brightness and intensity of its outdoor lighting known to cause fallout among native seabirds.

“We remain deeply committed to environmental sustainability and protecting Maui’s natural landscape and biodiversity,” said the Grand Wailea spokesperson in a statement. “Grand Wailea has proudly led the way in implementing industry-leading best practices to nurture Maui’s natural environment and safeguard endangered seabirds. Building upon our ongoing efforts, we have enhanced our substantial protections ahead of the upcoming fledgling season, ensuring our continued stewardship and care in Wailea and across the island.”

Earthjustice said some of the lighting changes will move the resort toward compliance with a Maui County ordinance requiring the reduction of blue-light content in outdoor lighting by summer 2026.