LAHAINA — Igor Lytvynchuk, 38, of Covington, Washington, is accused of throwing a coconut-sized rock at an endangered Hawaiian monk seal on a beach in Lahaina, Maui. A witness recorded video of the incident, which prosecutors say shows the rock narrowly missing the seal’s head.

Lytvynchuk is charged with violations of the Endangered Species Act and the Marine Mammal Protection Act for allegedly harassing and attempting to harass a protected animal. He is scheduled to appear in U.S. District Court in Honolulu to face the charges. If convicted, he faces up to one year in prison for each charge and fines of up to $50,000 under the Endangered Species Act and $20,000 under the Marine Mammal Protection Act.

The Hawaiian monk seal involved was identified as an adult male known as “R404,” according to NOAA. Hawaiian monk seals are critically endangered, with only about 1,600 remaining in the wild. A state Department of Land and Natural Resources officer investigated the report of harassment following the incident.

Defense attorney Myles Breiner said Lytvynchuk had been to Hawaii before and was familiar with sea turtles but not Hawaiian monk seals. He said his client, a fisherman, mistook the seal for an aggressive sea lion. “So his response was not to hurt this monk seal, but to get it away from the turtles,” he said. When confronted by a witness at the scene, Lytvynchuk reportedly said he did not care and was “rich” enough to pay any fines, according to a criminal complaint.

Breiner also said Lytvynchuk has faced death threats and doxing since the video surfaced, including receiving a package at his home containing what appeared to be feces. He added that Lytvynchuk was later assaulted by a man but declined to file a police report.

Lytvynchuk later made arrangements to surrender in the Seattle area as NOAA special agents sought to arrest him. The video of the incident drew widespread condemnation in Hawaii, including from Maui’s mayor. Hawaii U.S. Sen. Brian Schatz, a Democrat, said in a statement that the incident shows NOAA must do more to educate the public about protecting Hawaiian monk seals.