A 38-year-old Washington state businessman has pleaded not guilty to federal charges stemming from an incident where he allegedly threw a large rock at an endangered Hawaiian monk seal on a Maui beach.
Igor Lytvynchuk of Covington, Washington, appeared before U.S. Magistrate Judge Rom Trader on Wednesday and entered not guilty pleas to two misdemeanor counts. The charges include one violation of the Endangered Species Act and one violation of the Marine Mammal Protection Act.
The incident, which occurred on May 5 near Lahaina, Maui, gained widespread attention after bystander footage circulated online. The video appears to show a man walking along the shoreline, tracking the movements of a Hawaiian monk seal identified as Lani. The man then picks up a large rock and throws it toward the animal’s head. The rock narrowly missed the seal’s nose, causing the animal to rear up from the water. According to witnesses, Lani remained largely motionless for an extended period following the encounter.
Witnesses who confronted the man at the scene reported that he claimed to be wealthy enough to afford any resulting fines before leaving the area. The incident sparked significant public concern and triggered a federal investigation into the matter.
Lytvynchuk, who owns IL Logistics Inc. and BFI Transport Inc., two trucking companies based in the Seattle area, was arrested on May 13 near Seattle by special agents from the National Oceanic and Atmospheric Administration. He made his initial court appearance the next day in U.S. District Court in Seattle, where he was released on bond and required to surrender his passport. The case was subsequently transferred to Hawaii, and a federal grand jury returned an indictment.
The defendant’s legal representative, Myles Breiner, has stated that Lytvynchuk did not intend to harm the seal. According to the defense, Lytvynchuk believed he was protecting sea turtles that were resting on nearby rocks and wanted to frighten the seal away from them. The attorney also indicated that his client was not aware that Hawaiian monk seals are federally protected species and that previous encounters with aggressive sea lions while fishing in Washington state may have influenced his actions.
During Wednesday’s proceedings, Judge Trader accepted Lytvynchuk’s consent to have the case tried before a magistrate judge rather than a federal judge. The court then addressed release conditions, with the government not seeking detention. Lytvynchuk was released on an unsecured $25,000 bond with specific restrictions prohibiting him from accessing beaches or approaching marine wildlife while in Hawaii.
Defense attorney Sean Fitzsimmons informed the court that the defense plans to produce an expert report but requires additional time given the recent nature of the incident.
If convicted on both charges, Lytvynchuk could face up to one year in prison on each count, fines totaling up to $70,000, and supervised release. The Endangered Species Act violation carries a maximum fine of $50,000, while the Marine Mammal Protection Act violation could result in a $20,000 fine.
Hawaiian monk seals are among the world’s most endangered marine mammals, with only approximately 1,600 individuals remaining in the wild. The species is endemic to Hawaii and faces numerous threats to its survival. Lani, the seal involved in this incident, is a recognized individual in the Lahaina area, where local residents and wildlife officials regularly monitor its activities.
The prosecution is being handled by Assistant U.S. Attorney Michael Nammar, while Lytvynchuk’s defense team consists of attorneys Breiner, Fitzsimmons, and Andrew Strand.
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