Prosecutors said a witness recorded the Covington tourist throwing a large rock that narrowly missed a Hawaiian monk seal’s head.
MAUI COUNTY, Hawaii — A tourist from Covington accused of throwing a coconut-sized rock at an endangered Hawaiian monk seal off Maui faces updated federal charges and is scheduled to appear in Hawaii court on Wednesday, according to prosecutors and court records.
Igor Mykhaylovych Lytvynchuk, 38, is due in U.S. District Court in Hawaii at 1:30 p.m. PDT for his initial appearance.
According to newly filed court documents, prosecutors allege Lytvynchuk harassed, harmed, pursued, hunted and wounded a Hawaiian monk seal and attempted to harass, harm, pursue, hunt, wound and kill the seal on or about May 5.
Under the Marine Mammal Protection Act count, prosecutors allege he harassed and hunted the seal and attempted to harass, hunt and kill it.
The case began after a witness reported seeing a man throw a large rock at a seal swimming in shallow water off Lahaina, according to a criminal complaint.
“In the cellphone video, the man can be seen holding a large rock with one hand, aiming and throwing it directly at the monk seal,” prosecutors said in the complaint.
A witness described the rock as about the size of a coconut. Prosecutors said it narrowly missed the seal’s head but caused the animal to “abruptly alter its behavior.”
When a witness confronted the man, he said he did not care and was “rich enough” to pay any fines, according to the complaint.
The video prompted calls for prosecution in Hawaii, including from Maui Mayor Richard Bissen. The mayor identified the seal as “Lani,” a seal known along Lahaina’s waterfront whose return after the 2023 wildfires brought a sense of healing and hope to the community.
The state Department of Land and Natural Resources later said the seal likely was not Lani because it did not have certain markings.
Lytvynchuk arranged to surrender in the Seattle area earlier this month.
He appeared in federal court in Seattle on May 14 and was released pending his appearance in Honolulu. A judge ordered him to surrender his passport, though he was permitted to use his enhanced driver’s license to travel for the court appearance.
Hawaiian monk seals are critically endangered, with about 1,600 remaining in the wild.
According to the United States Attorney’s Office, if convicted, Lytvynchuk faces up to one year in prison on each charge. He also faces fines of up to $50,000 under the Endangered Species Act and up to $20,000 under the Marine Mammal Protection Act.
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