A Washington man seen in a viral video throwing a rock at a monk seal on Maui has been charged in U.S. District Court.
Igor Mykhaylovych Lytvynchuk, 38, of Covington, Wash., was charged Wednesday with violating the U.S. Endangered Species Act and the Marine Mammal Protection Act.
The charges stem from an investigation by the U.S. National Oceanic and Atmospheric Administration into an incident on May 5, in which a man was recorded on video hurling a large rock at a Hawaiian monk seal — identified in a U.S. Department of Justice news release as “Lani” — which was swimming off the Lahaina shore.
In the video, the rock appears to only narrowly miss Lani’s head, causing the seal to rear out of the water and swim away. Witnesses reportedly told NOAA the seal remained still for a long time, leading them to worry if it was even alive.
According to a criminal complaint, the man — identified as Lytvynchuk, who was visiting Maui on vacation — told witnesses he was “rich enough to pay the fines” when they told him law enforcement was on the way. A Department of Land and Natural Resources Division of Conservation and Resources Enforcement officer apprehended Lytvynchuk later that day, but made no arrest.
Another viral video appeared to depict Lytvynchuk being beaten up by an unknown man while attempting to return to his hotel. Neither the Department of Justice nor the NOAA made any mention of this incident.
According to the Department of Justice, Lytvynchuk was arrested Wednesday near Seattle by NOAA special agents. He has an initial court appearance in Seattle Thursday morning.
Lytvynchuk’s actions constitute harassment of an endangered marine animal and of a marine mammal, which are respectively violations of the Endangered Species Act and Marine Mammal Protection Act. Both charges carry a possible prison sentence of up to one year, and fines of up to $50,000 (under the Endangered Species Act) and $20,000 (under the Marine Mammal Protection Act).
“The unique and precious wildlife of the Hawaiian Islands are renowned symbols of Hawaii’s special place in the world and its incredible biodiversity,” said U.S. Attorney Ken Sorenson in a statement. “We are committed to protecting our vulnerable wild species, in particular endangered Hawaiian monk seals, like Lani. We pledge that those who harass and attempt to harm our protected wildlife will face rapid accountability in federal court.”
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