HONOLULU— The Center for Biological Diversity, Ko‘olau Waialua Alliance, Mālama Marconi Coalition and Conservation Council for Hawai‘i sent a letter to the U.S. Fish and Wildlife Service today urging it to investigate the death of a Laysan albatross found entangled in a fence and bleeding from the mouth last month.

Wildlife officials say the albatross was likely killed by a blow to the head while on the Marconi Point Condominiums property in O‘ahu, where it was found Dec. 2. The Laysan albatross, or Mōlī, is protected under the federal Migratory Bird Treaty Act, which is enforced by the Service.

“The grotesque killing of this Mōlī is absolutely a tragedy and it could’ve been prevented,” said Maxx Phillips, Hawai‘i director and staff attorney at the Center for Biological Diversity. “It’s well past time for our state and federal agencies to take enforcement action and send a clear message that this cruelty will not be tolerated.”

More than a dozen condominium units have been sold within the development since it was established a decade ago. However, the owners have failed to obtain the special management area permits that are required for construction activities, including for construction of the iron fence where the mutilated bird was found. This fence likely contributed to nest failure for a pair of Layson albatross in 2022 because the birds couldn’t properly incubate the eggs during and following fence construction.

In October 2023, a large area of coastal vegetation was cleared, resulting in the killing of endangered yellow-faced bees and destruction of their habitat and nests. Last year an endangered monk seal was killed by a dog on the beach in front of the development. The developer has yet to face consequences for these potential Endangered Species Act violations.

“Mōlī are iconic seabirds that are an important part of our shoreline environment,” said Jonee Peters, executive director of the Conservation Council for Hawai‘i. “Many seabirds like the Mōlī are susceptible to threats such as predation, climate change and ‘plastic’ food. They should not have to be threatened by direct human cruelty. It is all of our kuleana to protect these and other species, especially during their reproductive seasons. The parties responsible for the death of the nesting female Mōlī at the Marconi development should be held accountable for their actions.”

The groups also called on the Service to finalize rules it promised more than two years ago that might have prevented fence construction where albatross are nesting. These rules are needed to help address massive declines in bird populations across the United States. Scientists estimate that the continental U.S. has 3 billion fewer birds than it did in 1970 and Hawai‘i’s birds have fared no better.

“For more than 15 years the community has watched with great sadness as the negative impacts of unpermitted habitat clearing and construction on the historic Marconi property have increased,” said Lynell DaMate of the Ko‘olau Waialua Alliance. “Nesting turtles, Laysan albatross, monk seals, yellow-faced bees, native plants and the coast itself have federal, state and local laws in place to protect them. In addition to numerous houses and roads, six huge warehouses now stand on dozens of acres where trees were burned and wetlands filled without regard for biological, cultural or historical resources.”