A tourist accused of throwing a large rock at an endangered seal is seeking records from Delta Air Lines to establish whether he was warned about the animals' protected status before arriving in Hawaii.
Igor Mykhaylovych Lytvynchuk, 38, of Covington, Washington, faces federal charges after allegedly throwing a rock at a monk seal off Maui in May, an incident captured on video that prompted widespread condemnation. Lytvynchuk has denied he was attempting to harm the seal.
Some airlines flying to Hawaii show in-flight videos about native wildlife and how it is federally protected, meaning travelers should not touch or interact with the animals. In an October 7 court filing, his attorneys said prosecutors had acknowledged possessing no evidence that Delta Air Lines, which Lytvynchuk flew from Seattle to Maui on April 28, showed passengers an educational video warning them about endangered monk seals or other wildlife in Hawaii.
"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," prosecutors said, according to the defense filing. They further said they were not alleging that Delta showed such a video, which it is not required to do.
The dispute comes as Lytvynchuk's lawyers seek to postpone his November 16 trial, arguing that additional time is needed to obtain evidence relevant to his knowledge of the species and his intentions during the alleged incident.
Newsweek reached out to Lytvynchuk's legal team by email and to Delta Air Lines through the contact form on its website for comment.
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What Is the Travel Pono Video?
Hawaiian Airlines introduced its five-minute Travel Pono video in September 2021 to educate passengers about responsible tourism before arriving in Hawaii.
The video features airline employees, including volunteers involved in marine mammal protection, offering guidance on ocean safety, endangered wildlife conservation and respecting local communities and culture. Other airlines have also participated in educational initiatives regarding Hawaii’s wildlife.
However, the defense argues that other airlines' information does not establish what Delta passengers received.
"The Government cannot investigate and produce evidence showing that passengers traveling aboard other airlines were warned about Hawaiian monk seals while simultaneously arguing that evidence establishing what Defendant's actual airline told—or did not tell—him is irrelevant," Lytvynchuk's lawyers wrote.
They want to subpoena Delta for records of in-flight videos, passenger advisories and other communications.
"The absence of a warning may itself be probative," the attorneys argued. They added that such evidence could be relevant to Lytvynchuk's knowledge, state of mind, explanation of his conduct and potentially sentencing.
The filing does not establish that Delta was legally required to provide such warnings or that their absence would excuse the alleged conduct.
What Happened to the Monk Seal?
The allegations relate to an incident on May 5 along the shoreline in Lahaina, Maui. According to the Department of Justice, Lytvynchuk was filmed following a monk seal's movements as it pushed a floating log near the shoreline.
Prosecutors allege he picked up a large rock, aimed toward the animal's head and threw it, narrowly missing its nose and causing the seal to rear out of the water.
Witnesses confronted Lytvynchuk and told him they had contacted law enforcement. He allegedly responded that he was "rich enough to pay the fines" before leaving.
The footage sparked outrage among residents, officials and online. Maui Mayor Richard Bissen condemned the incident, saying: "Behavior like this will not be tolerated."
Lytvynchuk's attorneys have disputed prosecutors' interpretation of the video. In the October filing, they argued that the footage "can also be interpreted as an attempt to protect a sea turtle that was being attacked by the monk seal."
They added: "A video may record conduct. It does not necessarily resolve intent, knowledge, perception, purpose, or every legal inference to be drawn from that conduct."
His attorney, Myles Breiner, previously told Hawaii News Now that Lytvynchuk was attempting to scare the seal away from nearby turtles.
What Has Lytvynchuk Been Charged With?
Lytvynchuk was arrested near Seattle on May 13 by agents from the National Oceanic and Atmospheric Administration. On May 26, he was formally charged with violating the Endangered Species Act and the Marine Mammal Protection Act.
If convicted, he faces up to one year in prison for each charge, along with potential fines. Lytvynchuk has pleaded not guilty to all charges.
What Happens Next?
Lytvynchuk's trial is scheduled to begin on November 16, although his attorneys are seeking a postponement.
The defense is also requesting records from state and federal agencies to establish how authorities have handled previous incidents involving monk seals. Prosecutors have opposed postponing the trial, questioning why some investigative steps were not taken sooner.
The defense maintains that refusing additional preparation time could prevent Lytvynchuk from obtaining potentially important evidence.
"The ends of justice therefore favor permitting this case to be tried upon a complete and fairly developed record rather than forcing Defendant to trial before identified avenues of defense investigation have been completed," the filing states.
The October 7 filing does not establish whether the judge has granted the postponement.
Contact Newsweek editors on this story: Matthew Cannon and Sam Wilson.