The Washington man charged with throwing a rock at a Hawaiian monk seal earlier this year can travel somewhat more freely now.
Igor Lytvynchuk was charged in May with violating the Endangered Species Act and the Marine Mammal Protection Act by allegedly hurling a rock at an endangered monk seal on a Maui beach, narrowly missing the animal’s head.
Lytvynchuk was released on a $25,000 bond with several conditions in May. Those conditions restricted his travel to only the Western District of Washington — which covers Washington west of the Cascade Mountains — and O‘ahu, although he was only permitted to travel to the island for court purposes, and was prohibited from accessing any beaches while in the state.
However, at a status conference last week — at which Lytvynchuk was not physically present — Lytvynchuk’s travel restrictions were loosened to allow for work-related travel within Washington.
An agreement signed by Magistrate Judge Rom Trader now allows Lytvynchuk to travel within the full state of Washington. While he is only allowed to travel to O‘ahu for court purposes, with any travel to the island to be approved in advance by the court’s probation office, the restrictions do not mention any requirement to avoid beaches or marine animals.
While the status conference also established a trial date of Nov. 16, Lytvynchuk’s attorneys filed a motion Monday requesting that date be postponed to an unspecified date in 2027 for multiple reasons.
In particular, Lytvynchuk’s attorney’s are seeking to subpoena evidence from Delta Airlines — the airline he used to travel from Seattle to Maui — about whether the airline made any announcements or advisories regarding Hawaiian monk seals, endangered species or any prohibited actions on Lytvynchuk’s flight.
In addition, Lytvynchuk’s attorneys have outstanding requests with the state Attorney General, Department of Land and Natural Resources, the U.S. Department of Justice and the National Oceanic and Atmospheric Administration regarding records of previous Hawaiian monk seal-related investigations.
Those records are intended to investigate “whether similarly situated persons accused of comparable conduct involving Hawaiian monk seals were treated differently from [Lytvynchuk]” and whether any differences in treatment indicate that Lytvynchuk’s right to equal protection is begin impeded, according to the motion filed Monday.
In any case, the subpoena and outstanding records requests are unlikely to be resolved in time for a November trial date, hence the request for a postponement.
Whether that request is granted will be determined at a hearing on Oct. 13. Lytvynchuk will also not appear in person at that hearing.
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