A Washington tourist accused in the federal case of throwing a coconut-sized rock at an endangered Hawaiian monk seal pleaded not guilty Wednesday in Honolulu, where the court set conditions meant to prevent him from returning to Hawaii beaches or marine wildlife during the proceedings. Igor Lytvynchuk, 38, of Covington, Washington, entered his plea in U.S. District Court and told the judge he understood the restrictions, according to the hearing account.
Trader allowed Lytvynchuk to remain free pending the criminal case but ordered him to stay away from beaches and marine wildlife while he is in Hawaii. When Trader told him, “You’re not going to the beach, you understand that,” Lytvynchuk responded that he understood, and he declined to comment after the hearing.
Prosecutors said the case stems from an incident that was captured on video, which officials described as showing a man hurling the rock directly at the seal. The criminal complaint described the rock as about the size of a coconut and said the rock narrowly missed the seal’s head, as prosecutors recounted in court.
NOAA scientists later identified the seal as an adult male known as “R404,” and court filings and testimony described the report as involving the Lahaina community on Maui. Prosecutors said a state Department of Land and Natural Resources officer investigated a report of Hawaiian monk seal harassment in Lahaina after the officer received a witness description and video showing the seal swimming in shallow water while a man watched from shore.
The federal case also reflects the rapid spread of footage online, which prosecutors said drew widespread condemnation and calls for prosecution in Hawaii. Maui’s mayor publicly called for action, while scientists and wildlife officials tied the animal in the video to “R404,” identified as a Hawaiian monk seal.
Lytvynchuk’s defense attorney, Myles Breiner, said the case has been accompanied by threats and harassment toward his client, including physical assault, threats and doxing. Breiner also said his client was trying to protect sea turtles and that he later surrendered in the Seattle area after federal special agents with NOAA sought to arrest him.
Breiner said Lytvynchuk declined to file a police report on the assault that he described. The attorney also said Lytvynchuk had previously visited Hawaii and had experience with sea turtles, but not Hawaiian monk seals, and Breiner said Lytvynchuk thought the seal was an aggressive sea lion; he added that Lytvynchuk’s response during the encounter, as described in the complaint, was that he “did not care and was ‘rich’ enough to pay any fines.”
Breiner also argued that the public reaction may be influenced by Lytvynchuk’s identity as a white outsider, saying, “The vast majority of attacks on monk seal and turtle are by locals,” as cited by the lawyer. He told the court that Lytvynchuk has faced death threats and doxing, including receiving a package at his home containing what appeared to be feces.
Federal authorities have charged Lytvynchuk with violations tied to the Endangered Species Act and the Marine Mammal Protection Act. If convicted, he faces up to one year in prison for each charge, along with fines of up to $50,000 under the Endangered Species Act and up to $20,000 under the Marine Mammal Protection Act, according to the hearing account.
At Wednesday’s hearing, Trader scheduled a further proceeding for June 9, and said Lytvynchuk would be allowed to participate by phone or video from Washington. The judge also ordered him not to travel outside Washington and Hawaii, and the defendant said he surrendered his U.S. passport to authorities.