Visitor charged with throwing rock at monk seal to appear in court

Federal prosecutors charged a 38-year-old Washington man today with “taking” an endangered Hawaiian monk seal May 5 by allegedly throwing a large rock at the seal’s head, according to the U.S. Attorney’s Office.

Igor Mykhaylovych Lytvynchuk, 38, of Covington, Wash., was charged with violating the Endangered Species Act and Marine Mammal Protection Act. He is scheduled to appear in federal court at 10:30 a.m. Wednesday before U.S. Magistrate Judge Rom A. Trader.

He has been free on an appearance bond.

His attorney Myles Breiner has said Lytvynchuk intends to plead not guilty and had no intention of harming the marine mammal. NOAA Fisheries scientists identified adult male R404 as the Hawaiian monk seal involved in the incident.

The federal statue’s definitions for “taking” includes, harassing, harming, pursuing, hunting, wounding, and killing a protected species, or “attempting to do so.” Lytvynchuk was previously charged by criminal complaint on May 12, with harassing and attempting to harass an endangered Hawaiian monk seal on May 5.

He was arrested the next day in Covington by special agents of the National Oceanic and Atmospheric Administration.

If convicted, Lytvynchuk, faces up to one year in prison for each charge, a term of supervised release, and a fine of up to $50,000 under the Endangered Species Act, a fine of up to $20,000 under the Marine Mammal Protection Act, and a fine of up to $100,000 under the Criminal Fine Improvements Act.

“Today’s charges against Igor Lytvynchuk demonstrate our solemn commitment to not only protect Hawaii’s endangered monk seals, but all of our unique and endangered wildlife species from those who illegally harass, injure, or attempt to take them in defiance of federal law,” said U.S. Attorney Ken Sorenson, in a statement. “Igor Lytvynchuk now stands formally charged for these alleged offenses and will face justice in federal court. We urge all to allow the process of justice to proceed and understand that Lytvynchuk enjoys certain rights, including the presumption of innocence. We look forward to proceeding with our case in United States District Court.”

Mobile phone footage recorded by a pair of witnesses shortly after 10:30 a.m. May 5 and shared with state and federal law enforcement shows Lytvynchuk holding a large rock in one hand before “aiming and throwing it directly at the monk seal,” according to federal court records.

The rock landed in the water, “narrowly missing the seal’s head” but causing the animal to abruptly alter its behavior by briefly rearing the top half of its body out of the water and turning in the opposite direction.

The witnesses told officers with the Hawaii Department of Land and Natural Resources’ Division of Conservation and Resources Enforcement that when they told Lytvynchuk law enforcement had been called, he said he didn’t care because he was “rich enough to pay the fines.”

A DOCARE officer tracked down Lytvynchuk and identified him by his Washington state driver’s license photo. He was on vacation in Lahaina and declined to speak with authorities, officials said.

The National Oceanic and Atmospheric Administration, National Marine Fisheries Service – Office of Law Enforcement is investigating the case. Assistant U.S. Attorney Michael Nammar is prosecuting.

Only about 1,600 Hawaiian monk seals are left in the wild. The Hawaiian monk seal has been listed as an endangered species since 1976.

Intentionally harming or harassing a Hawaiian monk seal is considered a class C felony under state law, punishable by up to five years in prison and a maximum fine of $50,000. No state charges have been filed in the case.

NOAA recommends maintaining a distance of at least 50 feet from Hawaiian monk seals resting on shore or in the water. When mother monk seals are nursing their pups, NOAA advises staying at least 150 feet away.