A tourist accused of hurling a rock at an endangered Hawaiian monk seal claims he was trying to protect sea turtles, his attorney said. Igor Lytvynchuk, 38, of Covington, Washington, is scheduled to appear in court in Honolulu on Wednesday on charges of harassing and attempting to harass a protected animal.
Incident on Maui Beach
Earlier this month, a witness recorded a video that prosecutors say shows Lytvynchuk throwing a rock at a Hawaiian monk seal at a Maui beach. The video drew widespread condemnation and demands for prosecution in Hawaii, including from Maui’s mayor, Richard Bissen. Scientists identified the seal as an adult male known as R404, according to the National Oceanic and Atmospheric Administration (NOAA).
Mayor's Response
In a video statement, Mayor Bissen said the monk seal was "not just a seal to us … [but a] part of our ocean 'ohana in Lahaina." He added, "Many of our residents know her, watch over her and care deeply about her wellbeing. In fact, members of my team in Lahaina have been tracking and looking out for her for some time now." Bissen called Lytvynchuk’s alleged behavior "unacceptable" and emphasized the community's connection to the ocean and wildlife.
Legal Proceedings
According to prosecutors, a state Department of Land and Natural Resources officer investigated a report of Hawaiian monk seal harassment in Lahaina, a community largely destroyed by a deadly wildfire in 2023. A witness showed the officer a video of the seal swimming in shallow water when Lytvynchuk threw a rock, described as the size of a coconut, directly at the seal, narrowly missing its head. When confronted, Lytvynchuk allegedly said he "did not care and was 'rich' enough to pay any fines," according to the criminal complaint.
Defense Argument
Lytvynchuk's attorney, Myles Breiner, told the Associated Press that his client had been to Hawaii previously and was familiar with sea turtles but not Hawaiian monk seals. Lytvynchuk, a fisher, thought the seal was an aggressive sea lion. "So his response was not to hurt this monk seal, but to get it away from the turtles," Breiner said. The attorney also claimed that Lytvynchuk was "brutally assaulted" after the incident and has faced death threats and doxing, including receiving a package containing what appeared to be feces.
Broader Context
Hawaiian monk seals, known in ancient Hawaiian as "ʻīlio holo i ka uaua" (meaning "dog that runs in rough water"), are endemic to the Hawaiian Islands. They were hunted to the brink of extinction in the 19th century and remain one of the world's most critically endangered marine mammals. They face threats including habitat loss from coastal development, pollution, rising sea levels, entanglement in fishing gear, and diseases from inland water runoff.
U.S. Senator Brian Schatz of Hawaii stated that the incident shows NOAA must do more to educate the public about protecting Hawaiian monk seals. Lytvynchuk is charged with violations of the Endangered Species Act and the Marine Mammal Protection Act. If convicted, he faces up to one year in prison per charge and fines of up to $50,000 under the Endangered Species Act and up to $20,000 under the Marine Mammal Protection Act.
