Man faces charges for endangered marine mammal harassment

Igor Mykhaylovych Lytvynchuk, 38, of Covington, Washington, was charged by criminal complaint on Tuesday, May 12, for harassing and attempting to harass an endangered Hawaiian monk seal.

According to the complaint, Lytvynchuk was seen throwing a large rock at the seal’s head, in violation of the Endangered Species Act and the Marine Mammal Protection Act. He was arrested on May 13 near Seattle, Washington, by special agents of the National Oceanic and Atmospheric Administration.

Lytvynchuk is currently in custody and is scheduled for an initial appearance on these charges in the U.S. District Court for the Western District of Washington at 9 a.m. on Thursday, May 14.

According to the unsealed criminal complaint, Lytvynchuk was observed and filmed on Friday, May 5, walking along the shoreline in the Lāhainā area of Maui, tracking the movements of a Hawaiian monk seal known as “Lani” as she pushed a floating log near the shoreline.

According to the complaint, Lytvynchuk then picked up a large rock, aimed, and threw the rock directly at Lani’s head. The rock narrowly missed her nose, startling her and causing her to rear up out of the water.

Witnesses confronted Lytvynchuk and told him they had contacted law enforcement, to which Lytvynchuk reportedly responded that he was “rich enough to pay the fines” before walking away.

According to witnesses, Lani remained mostly immobile for a significant period after the incident, raising concerns about her welfare. If convicted, Lytvynchuk faces up to one year in prison for each charge, plus a term of supervised release.

Lytvynchuk also faces a fine of up to $50,000 under the Endangered Species Act and a fine of up to $20,000 under the Marine Mammal Protection Act.

“The unique and precious wildlife of the Hawaiian Islands are renowned symbols of Hawaiʻi’s special place in the world and its incredible biodiversity. We are committed to protecting our vulnerable wild species, in particular endangered Hawaiian monk seals, like Lani,” said U.S. Attorney Ken Sorenson. “We pledge that those who harass and attempt to harm our protected wildlife will face rapid accountability in federal court.”

The charges in the criminal complaint are merely accusations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law. If convicted, any sentence would be imposed by a U.S. District Judge based on statutory sentencing factors and the advisory U.S. Sentencing Guidelines.

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 the case.