UMVA has learned that a shocking incident of harassment involving an endangered Hawaiian monk seal has sparked outrage online, with the accused's attorney now publicly defending his client's actions.
Igor Mykhaylovych Lytvynchuk, a 38-year-old businessman from Covington, Washington, is accused of throwing a rock at the head of the rare marine mammal earlier this month, in an incident caught on camera by beachgoers and shared widely on social media.
The viral video and witness accounts led to Lytvynchuk's arrest near Seattle last week, and he has been charged with harassing and attempting to harass an endangered animal in violation of federal laws, including the Endangered Species Act and the Marine Mammal Protection Act.
If convicted, Lytvynchuk could face severe penalties, including up to one year in prison on each charge, along with hefty fines of up to $50,000 under the Endangered Species Act and up to $20,000 under the Marine Mammal Protection Act.
Lytvynchuk's attorney, Myles Breiner, has come to his client's defense, stating that Lytvynchuk never intended to injure the monk seal and was actually trying to protect sea turtles, or honu, resting on shoreline rocks.
According to Breiner, Lytvynchuk believed the seal was threatening the turtles and wanted to scare it away, and was not aware that Hawaiian monk seals are an endangered species.
Breiner also claimed that his client's past experiences with aggressive sea lions while fishing in Washington state influenced his actions, and that Lytvynchuk did not realize the severity of his mistake.
Prosecutors, however, say that Lytvynchuk's actions were reckless and intentional, and that he even told witnesses that he was "rich enough to pay the fines" if he got into trouble, a claim his attorney disputes.
The incident has raised concerns about the treatment of endangered species, and Lytvynchuk's attorney has acknowledged that his client plans to take responsibility for violating the law, but disputes claims that he intentionally tried to hurt the seal.
Breiner has also pushed back against the characterization of Lytvynchuk's statement about being wealthy enough to pay fines, saying it was a misinterpretation and that Lytvynchuk simply meant that he could afford to pay any penalties.
