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The 38-year-old man from Washington state facing federal charges for allegedly throwing a rock at a Hawaiian monk seal off Lahaina this month did not know it is an endangered species, regrets his actions and had no intention of harming the marine mammal, according to his attorney.Igor Mykhaylovych Lytvynchuk of Covington, Wash., will enter a not guilty plea May 27 when he appears in U.S.District Court in Honolulu, said Honolulu defense attorney Myles Breiner.Lytvynchuk was charged by criminal complaint Tuesday with harassing and attempting to harass an endangered Hawaiian monk seal on May 5, violations of the Endangered Species Act and Marine Mammal Protection Act.He was arrested Wednesday near Seattle by agents with the National Oceanic and Atmospheric Administration.Lytvynchuk made his initial appearance in federal court Thursday in Seattle before U.S.Magistrate Judge Paula McCandlis and was released on an appearance bond and surrendered his passport, according to federal court documents.He had to leave the courthouse through a private entrance after animal activists showed up to protest his alleged attack on the Hawaiian monk seal known as Lani.Mobile phone footage showing a man authorities later identified as Lytvynchuk hurling a large rock at the seal went viral in Hawaii and around the world.The footage sparked an angry backlash against the naturalized U.S.citizen from Ukraine.“He is devastated by the reaction people had to this.He regrets doing it and is thankful the seal is not injured.His intent was not to harm the seal.There is a reasonable explanation for his conduct,” Breiner said.“It has taken a significant toll on him and his family.” Breiner said Lytvynchuk’s intentions will be made clear during court proceedings.Lytvynchuk, an avid fishermen who owns IL Logistics Inc., a Seattle-based trucking company, has suffered a barrage of hate-filled calls, messages and threats, his attorney said.He declined to press charges against a Maui man who is seen in social media footage from May 5 pummeling Lytvynchuk in the head as he tried to return to his hotel in Lahaina.“His intent was completely different from what people perceive it to be,” Breiner said.If convicted, Lytvynchuk faces up to a year in prison on each charge, a fine of up to $50,000 under the Endangered Species Act, a fine of up to $20,000 under the Marine Mammal Protection Act, and a term of supervised release.Mobile phone video recorded by a pair of witnesses shortly after 10:30 a.m.May 5 and shared with state and federal law enforcement shows Lytvynchuk holding a large rock in one hand before “aiming and throwing it directly at the monk seal,” according to the criminal complaint authored by an agent with the Office of Law Enforcement within NOAA’s National Marine Fisheries Service.The rock landed in the water, “narrowly missing the seal’s head” but causing the animal to abruptly alter its behavior by briefly rearing the top half of its body out of the water and turning in the opposite direction, according to the federal complaint.The witnesses told officers with the Hawaii Department of Land and Natural Resources’ Division of Conservation and Resources Enforcement that when they told Lytvynchuk law enforcement had been called, he said he didn’t care because he was “rich enough to pay the fines.” A DOCARE officer tracked down Lytvynchuk and identified him by his Washington state driver’s license photo.He was on vacation in Lahaina and declined to speak with authorities, officials said.Only about 1,600 Hawaiian monk seals are left in the wild.The Hawaiian monk seal has been listed as an endangered species throughout its range under the Endangered Species Act since 1976.Under Hawaii law, intentionally harming or harassing a Hawaiian monk seal is considered a class C felony, punishable by up to five years in prison and a maximum fine of $50,000.No state charges have been filed in the case.NOAA recommends maintaining a distance of at least 50 feet from Hawaiian monk seals resting on shore or in the water.When mother monk seals are nursing their pups, NOAA advises staying at least 150 feet away.