Yesterday, two actresses and their father/manager contacted the DLNR to apologize for creating a social media outburst by posting one of the women touching a sea turtle, while the other videotaped.

The Instagram post by actress China McClain was taken down after garnering tens of thousands of likes and over, 2,000 comments, many of which pleaded for the video to be taken down and for them to apologize for potential cultural insensitivity. That included Governor Josh Green, M.D.

In a press release, 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.”

After state and federal agencies charged with protecting marine species like Hawaiian sea turtles became aware of the post, the DLNR made multiple phone calls and sent e-mails to the McClain sisters, their managers, publicists, record labels and production companies to ask that the post be taken down.

Michael McClain, the sister’s father and manager said, “We want people to know that China was not aware of the laws, and we appreciate that people and the agencies reached out.” McClain added, “All our family loves and respects Hawai‘i and we apologize for inadvertently causing this pain.”

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 their 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 U.S. Fish and Wildlife Service (USFWS), and the DLNR.”

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.