A preliminary hearing will be held Tuesday in District Court for a homeless man who was arrested after being warned last week to stay away from a Hawaiian monk seal, one of the most endangered marine mammals in the world.
Jamie Rice, 40, was charged with harassing a monk seal after he was warned to stay away and was seen allegedly throwing sand at the animal Thursday at a Nanakuli beach. Rice is charged with a Class C felony, which could mean up to five years in prison upon conviction.
Rice is in custody at Oahu Community Correctional Center unable to post bail of $15,000.
The arresting police officer said in a court document that he was flagged down by two National Oceanic and Atmospheric Administration volunteers just after 6 a.m. at a beach at Farrington Highway and Nanaikeola Street. He said he was told the suspect was within 6 feet of the seal.
There were signs warning visitors to stay away from the animal, an accompanying police affidavit said.
The arresting officer said the suspect threw sand at the seal, which agitated the animal. He was asked to leave and not bother the seal but refused, the police statement said.
The officer said the seal moved away from the suspect, who resisted the officer’s attempt to arrest him.
Rice also initially was arrested for resisting arrest, but prosecutors declined that charge.
In 1976 the Hawaiian monk seal, which is endemic to the isles, was listed as endangered under the federal Endangered Species Act.
Four years ago the state enacted a new law covering all Hawaii animals protected by the Endangered Species Act. Lawmakers made the intentional harassing, harming or killing of a monk seal — or any endangered or threatened Hawaii species — a Class C felony. The Hawaii law extends punishment already imposed by violations of the federal law, to include a fine of up to $50,000.
The state law was prompted by the deaths of three monk seals in 2009, including a pregnant monk seal on the north shore of Kauai that was shot by a 78-year-old man who wanted to scare the seal off the beach so he could go fishing. He pleaded guilty and was sentenced to 90 days in the Federal Detention Center and had to pay a $25 "special assessment."
The Hawaiian monk seal was declared Hawaii’s official state mammal in June 2008.
