A Washington man has been charged with harassing an endangered seal named Lani — and now, his defense attorney is sharing his side of the story.
Igor Mykhaylovych Lytvynchuk has been charged with harassing and attempting to harass an endangered Hawaiian monk seal, according to the U.S. Attorney’s Office for the District of Hawaii. The 38-year-old was detained by National Oceanic and Atmospheric Administration special agents on Wednesday near Seattle.
Lytvynchuk was caught on video flinging a rock at Lani on May 5, prosecutors said.
His defense attorney, Myles Breiner, told Hawaii News Now: “There were two large turtles in the water. When he threw the rock, the intention was to scare the seal away. He had no idea, again, the significance of monk seals. He frankly didn’t know we had seals in Hawaii.”
“He assumed that when he saw the seal, the monk seal, pushing the turtles off of the rocks, that he was doing something good by scaring it away,” Breiner said.
Witnesses said Lytvynchuk told them he was “rich enough to pay the fines” after they confronted him, according to prosecutors. When asked about Lytvynchuk’s comments, Breiner told Hawaii News Now his client is not actually wealthy.
“It comes off sounding like he’s bragging or being arrogant. OK, and that was possibly in response to people yelling at him and he was embarrassed, so he doubled down,” he said.
The Independent has contacted Breiner for comment.
If convicted, he faces up to a year in prison for each charge, 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.
Footage of the incident showed a large rock being hurled at the seal’s head. The projectile almost hit the seal in the nose, startling her and causing her to rear out of the water, prosecutors said.
Witnesses said Lani remained largely immobile for an “extended period of time” after the incident, causing concern for her welfare, according to prosecutors.
Hawaiian monk seals are a critically endangered species with only 1,600 remaining in the wild after a deadly wildfire in 2023 largely destroyed the community.
U.S. Attorney Ken Sorenson said that Hawaii’s wildlife is a symbol of the region’s “special place in the world” and warned action would be taken against those who harm it.
“We are committed to protecting our vulnerable wild species, in particular, endangered Hawaiian monk seals, like Lani,” he said.
“We pledge that those who harass and attempt to harm our protected wildlife will face rapid accountability in federal court.”
Lytvynchuk is scheduled to appear in court on May 27.
“He’s going to pay the price. We’re not going into court and saying no, he didn’t do this, but there’s always an explanation,” Breiner told Hawaii News Now.
