20 



It is very difficult to tell from the film, and I am not qualified 

 to make the judgment relative to the adequacy of the pool size. The 

 age of the animal, if in fact it was an old animal — and it looked 

 like it to me — is relevant. I think the next panel is better qualified 

 to answer that question, Mr. Prescott, perhaps. I think there is a 

 problem in terms of old animals versus young animals adapting to 

 captivity. 



The concern about isolation is one, as Mr. Hall indicated, that 

 the Commission shares — that is, it is improper and inhumane to 

 maintain an animal in isolation in that way. 



Senator Kerry. What requirements would your regulations as- 

 sert with respect to whale-watching? 



Mr. Hall. Senator, before I get into that, one of the points is 

 that we are going to require in the new regulations concerning pub- 

 lic display more information about the age of the animals, and I 

 think that is another way that we are dealing with that particular 

 issue, and I think that will be helpful in terms of having a better 

 understanding of what type of animals we have in these facilities 

 and what action should be taken to safeguard their well-being. 

 Maybe I would like to have Kevin answer specifically on whale- 

 watching. 



Mr. CoLLESfS. Senator, these regulations do not specifically ad- 

 dress whale-watching. It would not require either a public display 

 or scientific research permit for whale-watching activities. 



Mr. Hall. But it would be clarified that whale-watching is an 

 educational activity. 



Senator Kerry. So, is there any restriction on private boats, not 

 the public whale-watching entities, but private? 



Mr. Collins. There would still be the statutory prohibition on 

 harassment. 



Senator Kerry. So, the same harassment standards would apply. 



Mr. Collins. Correct. 



Senator Kerry. As currently, no changes with respect to that. 



Mr. Collins. That is right. 



Senator Kerry. How do you address the need to expedite the 

 permitting process as you stated in your opening comments without 

 sacrificing the need to satisfy adequately the bona fide require- 

 ments of the scientific research itself? Do you foresee any conflict 

 with this? 



Mr. Hall. I think some of the problems we have encountered, we 

 have already dealt with. There was a 180-day period of time in 

 1992 that scientific research permits averaged, and I think we now 

 have that down to 120 days. We hope that by the end of the year 

 we will be down to 90 days. 



There were some unusual circumstances that occurred in 1992. 

 There was a moratorium on promulgating regulations which pre- 

 vented the development of revised instructions to applicants. We 

 think that now that those specific situations have been dealt with 

 we can deal with these permits in a more expeditious manner with- 

 out compromising the need to safeguard the animals. 



Senator Kerry. And you mentioned earlier that you feel you are 

 adequately meeting the demands of the groups. Does that also ad- 

 dress the care and maintenance issues? You mentioned a couple of 

 them — the temperature of the water, the size of the pool. Do you 



