NOAA Fisheries confirmed Wednesday that its Office of Law Enforcement is actively investigating the incident.<\/p>\n
\u201cNOAA Fisheries Office of Law Enforcement is investigating an incident in Lahaina, Maui, involving an individual who appears to throw a large rock towards a swimming Hawaiian monk seal on May 5,\u201d a NOAA spokesperson said in a statement.<\/p>\n
Officials said Hawaiian monk seals are protected under the Endangered Species Act, Marine Mammal Protection Act and Hawaii state law.<\/p>\n
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A viral video from Lahaina appears to show a man throwing a large rock toward a Hawaiian monk seal in the water. Authorities said the encounter is now under federal investigation. Experts said human disturbance remains one of the biggest threats to the endangered species.<\/p>\n
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According to NOAA, actions or attempts to \u201charass, hunt, shoot, capture, trap, kill, collect, wound, harm or pursue\u201d a monk seal can carry penalties including major fines and possible criminal consequences.<\/p>\n
Potential federal penalties in serious cases can include fines up to $50,000 and possible jail time depending on the circumstances and whether prosecutors pursue criminal charges.<\/p>\n
The Hawaii Department of Land and Natural Resources is also conducting its own investigation, but said the case will ultimately be turned over to federal authorities because monk seals fall under federal marine mammal protections.<\/p>\n
DLNR Division of Conservation and Resources Enforcement Chief Jason Redulla confirmed officers identified the man seen in the video after receiving a report through Maui Police dispatch.<\/p>\n
\u201cThat individual has been identified. We know who he is,\u201d Redulla said during a media briefing Wednesday.<\/p>\n
Redulla said officers contacted the man and advised him of his legal rights while attempting to initiate the investigation.<\/p>\n
\u201cThat individual has invoked his legal rights, and as a result, we\u2019re not able to speak to that individual at this time due to his invoking of his constitutional rights,\u201d Redulla said.<\/p>\n
As of Wednesday evening, the man was not in custody and had not been charged.<\/p>\n
\u201cWe are conducting investigation. We have gathered statements, we have gathered evidence, and we are preparing to complete our investigative report and turn our investigation over to the federal government, NOAA\u2019s Office of Law Enforcement, so that they can pursue potential federal enforcement action with this case on Maui,\u201d Redulla said.<\/p>\n
When asked whether the state planned to hold the man accountable, Redulla said federal investigators will now determine whether enforcement action is appropriate.<\/p>\n
\u201cWith respect to monk seals, because they\u2019re marine mammals for which the Marine Mammal Protection Act applies to, we have to allow the federal government to undergo their process,\u201d he said.<\/p>\n
Questions About Access to the Area<\/strong><\/p>\n The incident happened near Lahaina\u2019s Front Street shoreline area, leading some online to question whether the people involved were illegally inside the burn zone.<\/p>\n However, Maui County officials said portions of the shoreline in that area are currently open to the public for recreational access, while other sections of the surrounding disaster zone remain closed and restricted.<\/p>\n \u201cBeach areas are open to the public, but portions of the Lahaina disaster zone, including Front Street, remain closed,\u201d Maui County said in a statement.<\/p>\n County officials said closed areas are fenced and clearly marked as off limits.<\/p>\n Safety Distances and Monk Seal Protections<\/strong><\/p>\n The video also appears to show people standing much closer to the monk seal than NOAA\u2019s recommended viewing distance.<\/p>\n Officials advise the public to stay at least 50 feet away from monk seals both on land and in the water. For mothers with pups, officials recommend staying at least 150 feet away.<\/p>\n
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