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Rock thrown at Lani
Federal agents arrested Igor Mykhaylovych Lytvynchuk, 38, of Covington, Washington, after prosecutors said a witness recorded him hurling a coconut-sized rock at an endangered Hawaiian monk seal named “Lani” just off a Maui beach in Lahaina on May 5.
“narrowly missed her nose, startling her, and causing her to rear up out of the water”
The U.S. attorney’s office in Honolulu said Lytvynchuk was charged with harassing and attempting to harass a protected animal under the Endangered Species Act and the Marine Mammal Protection Act, and he was scheduled to appear in U.S. District Court in Seattle on Thursday.
Prosecutors said the rock “narrowly missed her nose, startling her, and causing her to rear up out of the water,” and witnesses told investigators Lani appeared immobile for some time after the incident.
A state Department of Land and Natural Resources officer investigated a report of Hawaiian monk seal harassment in Lahaina after a witness showed video of the seal swimming in shallow water while a man watched from shore.
Outrage and courtroom steps
Maui Mayor Richard Bissen said the charges send a clear message that cruelty toward protected wildlife won’t be tolerated, and he identified the seal as “Lani,” a “cherished member of Lahaina’s ocean ʻohana.”
Bissen also said he called the U.S. attorney in Honolulu to advocate for prosecution, while the U.S. attorney’s office said special agents with the National Oceanic and Atmospheric Administration arrested Lytvynchuk near Seattle.
When confronted by witnesses, prosecutors said Lytvynchuk replied that he was “rich enough to pay the fines,” according to the criminal complaint described by the Associated Press.
The Associated Press reported that the court docket didn’t list an attorney and that a person who answered the phone at a number associated with Lytvynchuk declined to comment, while the South China Morning Post reported a judge ordered him released pending another court appearance in Honolulu on May 27.
Penalties and protections
If convicted, Lytvynchuk faces up to one year in prison for each charge, plus 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, according to the Associated Press.
“faces up to one year in prison for each charge”
The U.S. attorney’s office in Honolulu said the case involves violations of the Endangered Species Act and Marine Mammal Protection Act, and it said the “unique and precious wildlife of the Hawaiian Islands are renowned symbols of Hawaii’s special place in the world.”
USA Today reported that Lytvynchuk could face up to a year in prison for each charge and combined fines of up to $70,000 under the two animal protection laws, and it said he was arrested on May 13 near Seattle.
The National Oceanic and Atmospheric Administration said Hawaiian monk seals are protected under multiple state and federal laws, and USA Today reported that actions or attempts to “harass, hunt, shoot, capture, trap, kill, collect, wound, harm, or pursue” the animals can result in fines.
