Igor Lytvynchuk, the Washington man charged with throwing a rock at an endangered Hawaiian monk seal, had his first court appearance in Honolulu on Wednesday.
Lytvynchuk, 38, appeared in U.S. District Court to plead "not guilty" to two charges of illegal taking of an endangered marine mammal. Those charges stem from an incident on May 5 when a man — later identified by investigators as Lytvynchuk — was recorded on video hurling a rock at a monk seal on a Maui beach, seemingly only narrowly missing the animal’s head.
As any form of harassment of an endangered seal violates both the Endangered Species Act and the Marine Mammal Protection Act, that single rock incurred two charges. Both charges are misdemeanor offenses, carrying a maximum possible sentence of one year in prison each, although Magistrate Judge Rom Trader told Lytvynchuk Wednesday that there is no guarantee, if he is found guilty, that he will face the full maximum sentence.
Lytvynchuk was arrested May 13 near Seattle by special agents of the National Oceanic and Atmospheric Administration. Following an initial court appearance in Washington, the case was transferred to the District of Hawai‘i.
Lytvynchuk had little opportunity to speak at Wednesday’s hearing, confirming in one or two words that he understood Trader’s description of the legal process ahead of him. While his “not guilty” plea drew murmurs from the several dozen people in the gallery, he made no statement about his actions during or after the hearing.
However, a lawyer for Lytvynchuk had previously told media that Lytvynchuk had supposedly believed the seal to be a sea lion threatening sea turtles.
Trader ordered Lytvynchuk to be released on an unsecured $25,000 bond with several conditions, including that Lytvynchuk surrender his passport and all travel documents, that he not change addresses without approval from his pretrial officer, and that his travel is restricted to the Western District of Washington — a U.S. court district covering the state west of the Cascade Mountains — and O‘ahu for court purposes only.
Furthermore, when on O‘ahu, Lytvynchuk is prohibited from accessing any beaches or approaching any marine wildlife, Trader said.
“I think that’s an appropriately tailored restriction, given the circumstances,” Trader said.
Failing to comply with these conditions could result in a warrant for Lytvynchuk’s arrest and put him in jail until trial.
Lytvynchuk is also required to be present at future court hearings. However, Trader said he is inclined to waive that requirement for certain minor hearings and allow Lytvynchuk to appear remotely.
For example, the next hearing date is scheduled for June 9, where attorneys for both sides will set a mutually agreeable trial date and other deadlines. Trader agreed with Lytvynchuk’s attorney Sean Fitzsimmons that Lytvynchuk’s physical presence at that hearing will not be necessary.
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