Actress apologizes after posting turtle touching video

Actress China McClain has apologized to the state Department of Land and Natural Resources after posting a video to her Instagram account, touching a sea turtle on Maui.

The post was taken down as of midday Monday, after garnering tens of thousands of likes and more than, 2,000 comments, many of which pleaded for the video to be taken down and for an apology. Gov. Josh Green, M.D. was among those who urged removal of the post.

China McClain told the DLNR: “I was not fully aware of the situation until today, and I certainly wasn’t aware of the laws. The video was from two years ago when we visited Hawai‘i and I came across it in my phone and decided to post it.”

She said she didn’t understand the impact the video had. “It’s the people I don’t want to hurt. I understand respecting culture, and I understand the pain that comes with not having your culture respected. Those are never lines that we cross intentionally, so that part of this situation is hurting us right now. I adore these beautiful turtles, and the people of Hawai‘i. We’re very sorry,” McClain told DLNR.

She said she has an “immense amount of respect” for the residents of Hawai’i and their intent to safeguard the land and wildlife, and plans to take the necessary precautions in the future when traveling.

State and federal agencies charged with protecting marine species like Hawaiian sea turtles became aware of the post on Monday and reached out to ask that the post be taken down. 

DLNR notes that touching turtles is not necessarily breaking the law, unless law enforcement agencies determine that the actions are a “take.”  For example, if a person’s actions in some way harm a turtle or alter a turtle’s behaviors, there are a variety of state and/or federal laws that a person could be charged with.

The DLNR said, “On its face” the activity may not have been a violation of state or federal rules that protect endangered or threatened species like turtles, but “it certainly ignored wildlife viewing guidelines developed by NOAA, the US Fish and Wildlife Service and the DLNR.”

These guidelines call for the following measures:

• Keep at least 10 feet away from sea turtles
• Avoid touching, chasing, feeding, or interfering with adults and hatchlings
• Avoid blocking their access to or from the ocean

As this was not directly witnessed or reported by someone, it is difficult for state or federal conservation law enforcement agencies to establish intent. 

For many years, the agencies have conducted extensive outreach on Hawai‘i wildlife viewing protocols. 

Brian Neilson, DLNR Division of Aquatic Resources Administrator said, “Although we understand it was probably not intentional, this is not a pono way to interact with Hawaiian wildlife. We encourage the sharing of positive behaviors on social media to inspire others to appreciate and protect our beautiful surroundings.”