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class or category of what, in my view, is potentially very, very im- 

 portant scientific research. 



Senator Kerry. Now, with respect to the efforts of this commit- 

 tee, it is your assertion to us today that with the exception of the 

 four areas you have specified we should not have to legislate; is 

 that correct? 



Mr. Hall. In this particular area concerning public display we 

 are in the process right now of working with the Department of Ag- 

 riculture in developing — and the Department of Agriculture has the 

 responsibility for developing — regulations for the care of animals in 

 captivity, and I think that is another area we have to look at, but 

 that is really a separate process that is taking place. 



But we have looked at the legislation. We do not believe that 

 other amendments are necessary at this time. 



Senator Kerry. Turning your attention for a moment to a film 

 like "Free Willy," are you familiar with the film? 



Mr. Hall. Yes. 



Senator Kerry. Is that a film that could have been made in the 

 United States under our current regulations? 



Mr. Hall. There are several — we do not think so, and we cer- 

 tainly — we have an inspection program that assures that that does 

 not happen. The type of conditions that are depicted in the film 

 would not be allowed under our regulations. 



We have — some of the things that happen in the film, the animal 

 is kept in isolation. We have a policy of not approving any permits 

 that would allow an animal to be kept in isolation. The security 

 that was depicted in the film would not meet the standards that 

 we have in our regulations. 



One of the things that is not dealt with in regulations is water 

 temperature, which in the film was related to the infection that in- 

 fected this particular animal, and that is now the responsibility of 

 the facility. 



I think it is an issue we ought to look at, but in general the con- 

 ditions that were depicted in the film would not meet the standards 

 that we have in place at the current time, and we are raising those 

 standards, and we are increasing the amount of information that 

 we require from facilities about their handling of these animals. 



Senator Kerry. Dr. Hofman, do you want to respond also to the 

 issues raised by that film? 



Dr. Hofman. I would have responded to the question a little bit 

 differently, because — and I saw the film as well — it is difficult to 

 tell — and it may have been that I misunderstood the question — 

 what was editorial license and what was done using special photo- 

 graphic techniques. 



In the United States, filming of those animals in the wild could 

 have been done to the extent that the animals were not taken. 

 Since killer whales are not listed as endangered, threatened, or de- 

 pleted, if the groups wanting to do the films wanted to take by har- 

 assment, they could have, but first would have had to go through 

 the formal waiver process. 



There were three related points, as I recall, that were raised in 

 the film. That is, the characters talked about the animal being too 

 old, it being maintained in isolation, and the pool being too small. 



