Tourist Accused of Harming Monk Seal Blames Airline for Lack of Wildlife Warnings

A Washington tourist facing charges for allegedly throwing a rock at a Hawaiian monk seal claims that prosecutors cannot prove he was aware of the animal's protected status, arguing that the airline he flew with did not provide sufficient warnings. Igor Mykhaylovych Lytvynchuk, 38, of Covington, Washington, faces charges under the Endangered Species Act and the Marine Mammal Protection Act.

In a court filing, Lytvynchuk's attorneys contend that there is no evidence Delta Air Lines presented information regarding endangered monk seals to passengers on the April 28 flight from Seattle to Maui. They argue that educational videos shown on other carriers, such as Hawaiian Airlines' "Travel Pono" series, cannot be used as evidence of his knowledge unless it can be demonstrated that Delta aired similar content. The defense filing states that prosecutors lack proof Delta shows such videos.

"The United States has no information in its possession and is not aware that Delta airs anything similar to the 'Travel Pono' video on its flights," the defense filing states, according to court documents. Lytvynchuk's legal team is seeking to subpoena Delta for in-flight videos and other communications to ascertain whether he was warned about the protected status of Hawaiian wildlife.

While Delta Air Lines is not legally obligated to show educational videos about wildlife conservation, the "Travel Pono" series aims to inform the public about respectful interaction with local species and customs in Hawaii. These videos cover topics such as respecting Hawaiian communities, wildlife conservation, and ocean safety. Hawaiian Airlines' "Travel Pono" video, for example, advises travelers to dispose of trash properly, particularly plastic waste, which can endanger wildlife. The video also specifically mentions the endangered status of Hawaiian monk seals, sea turtles, dolphins, and whales, reminding viewers that it is federal law to maintain distance from these animals.

Prosecutors allege that Lytvynchuk was filmed throwing a rock into the water near a monk seal. Onlookers who confronted him reportedly heard him say he was "rich enough to pay the fines" and that he was attempting to scare the seal away from protected turtles. The term "taking," as defined by law in relation to protected species, refers to any attempt to disturb, harm, hunt, injure, or kill a protected animal.

Hawaiian monk seals are critically endangered, with an estimated 1,600 individuals remaining. The majority reside in the Papahānaumokuākea Marine National Monument in the Northwestern Hawaiian Islands. Lytvynchuk pleaded not guilty in the U.S. District Court in Honolulu. He was released on a $25,000 bond, and his trial is scheduled to begin on November 16.