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.
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.
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