Hawaiian monk seals have been on the endangered species list for 50 years. But advocates of marine mammals say they need more protection from people, including enforcement and education.
This comes as Igor Lytvynchuk, a Washington state man who allegedly hurled a coconut-sized rock at an endangered monk seal on Maui, is expected to reappear in Hawaiʻi’s federal court on Tuesday.
The viral video drew widespread outrage from the public and government officials.
“I thought how incredibly stupid that visitor from Washington state was, and very arrogant he was," said William Aila, former chair of the state Department of Land and Natural Resources.
It didn't take long for Igor Lytvynchuk to get arrested and charged with two misdemeanors. He pleaded not guilty on May 27 and was barred from all Hawai‘i beaches.
Aila said this case is different from others because the suspect was caught on camera.
“What's recorded, there's evidence, so that the prosecutors and law enforcement can actually move forward and take action," he said. “Twenty years ago it was hard if no one was around to record the incident or be a witness.”
Most incidents are not caught on camera, and prosecutors have struggled to convict people who harm marine wildlife.
Monk seals are protected under the Endangered Species Act and the Marine Mammal Protection Act.
If Lytvynchuk is convicted, he could face fines up to $70,000 and up to one year in prison for each charge. Additionally, he could face up to $100,000 in fines under the Criminal Fine Improvements Act.
Maui Mayor Richard Bissen condemned Lytvynchuk’s actions and vowed that he would see to it personally that Lytvynchuk would be prosecuted to the fullest extent of the law.
But advocates say enforcement of the laws is an issue.
In many cases, people who harm monk seals rarely get the maximum fines or jail time.
“Even if you were to use the punishments that are currently standing,” said Shui Mei Bassette, a monk seal advocate. “The fact remains they do not enforce. That is a large part of the problem. Even if they were to enforce the current fines and jail time, then at least it would be something, but the fact remains they don't enforce anything.”
The National Oceanic and Atmospheric Administration confirmed 17 intentional killings of monk seals since 2009, including the killing of a pregnant female monk seal. Only one person has been prosecuted.
Feds versus state accountability
A Hawai‘i law also makes it a Class C felony for people who intentionally harm or kill monk seals. If someone is convicted, they could face fines up to $50,000 and up to five years in prison.
But Lytvynchuk was not charged under state law. He’s facing charges of harassing and attempting to harass a Hawaiian monk seal under federal law.
Monk seal advocate Melina Clark said she’s not surprised the state did not also charge Lytvynchuk.
“The Department of Land and Natural Resources continues to hand over these types of incidents to NOAA Fisheries,” she said. “They both have a responsibility under the laws to cite people, give citations to arrest and get them into the courtroom.”
A DLNR spokesperson said that in these cases federal law preempts state law.
During incidents involving humans harming monk seals, DLNR’s law enforcement agency, officials will conduct “a thorough investigation, gathering statements, images, and other evidence, and transfers their findings to the NOAA Office of Law Enforcement for them to review the information to determine if any enforcement action will be taken.”
“Under the provisions of the federal Marine Mammal Protection Act, Section 109 (a), the State is prohibited from enforcing state laws relating to the take of marine mammals,” DLNR spokesperson Andrew Laurence said in an email.
“The Marine Mammal Protection Act article which prohibits state law enforcement further indicates that the United States Secretary of the Interior may transfer authority for the conservation and management of certain marine mammal species to a State in certain circumstances,” he continued. “To date, no state has received this transfer of authority.”
Aila said during his tenure at DLNR, such cases were deferred to the federal government because it had more resources to build a case than the state.
“At the time I was chair, there weren't a lot of witnesses that were willing to come forward, and there weren't a lot of people with telephones and cameras on them near the beaches,” Aila said.
Under Hawaiʻi's law, six people in the last 10 years have been charged for harassing or killing monk seals.
More education
There needs to be more education for visitors and residents on Hawaiʻi’s wildlife, according to Clark and Bassette.
Clark, who has her own personal record log of monk seal incidents, said she has personally spoken to hotels and NOAA to put signs on beaches and resorts to inform people not to approach monk seals.
NOAA guidance requires that people stay 50 feet away from Hawaiian monk seals. It’s 150 feet if the monk seal has a pup.
“I offered to provide a pamphlet to give to every single person who checks in,” she said.
Also, Clark said that within the state’s plants and animal declaration for arriving visitors there should be information on monk seals and other endangered animals in Hawaiʻi that tourists would be required to acknowledge and sign.
Rep. Adrian Tam, who chairs the House Tourism Committee, said he plans to introduce a bill next session that would add information about endangered species to the state’s agriculture declaration form.
Tam said he might also draft a bill requiring arriving flights to play a public service announcement about endangered wildlife. Some arriving flights already play an educational video, but not all flights have screens for passengers.
“I think there is not enough education,” Tam said. “When these video clips go viral. It acts like an educational tool to help prevent things like this from happening. But ultimately, as time goes on, people tend to forget, and that's why that incident that happened in the COVID time is happening again in 2026.”
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