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the committee anticipate an inside edition of these regulations so 

 that we can do our work, or having some response from 0MB so 

 that the whole world can respond? 



Mr. Hall. Mr. Chairman, the regulations went to 0MB on Mon- 

 day and we have been in conversation with 0MB and expressed 

 the urgency of the situation so the committee can continue its work 

 and have the benefit of the regulations as you proceed with reau- 

 thorization. We will have additional conversations with them and 

 try to move this process as quickly as possible. It is difficult for me 

 to make a commitment on a specific date, but I think that they un- 

 derstand that this needs to be done expeditiously. 



Senator Kerry. Well, is there any reason that you cannot share 

 with the committee staff where we are with respect to some of the 

 issues? 



Mr. Hall. I think that we can sit down and talk to the commit- 

 tee staff in private. Before we publicly announce what the regula- 

 tions would be, we would like to have an official administration po- 

 sition. 



Senator Kerry. Well, let me ask you this question. 



Mr. Hall. But I think that we certainly could sit down and share 

 with the staff what some of the revisions are. 



Senator Kerry. Groups on both sides of the fence are suggesting 

 that we need to have legislation, that the regulations will not do 

 it. You are saying the regulations will do it; is that accurate? 



Mr. Hall, We believe that the regulations can deal with a lot of 

 the problems that we have encountered. However, we have pro- 

 posed four different amendments to the act. And so there are some 

 areas, particularly the areas dealing with takings for educational 

 purposes. Right now we really do not have a mechanism for dealing 

 with authorization of a documentary filmmaker or someone who 

 wants to take pictures of a marine mammal in the wild, even 

 though we think that the impact on the marine mammals is mini- 

 mal from that particular activity. 



So, that is one example, and then there are three other situa- 

 tions dealing with native art and permits that would authorize ac- 

 tivities that have only minor impacts. One example of that would 

 be the Americas' Cup race, in which we had difficulty dealing with 

 authorizing that particular activity even though we did not feel like 

 it was a significant impact to the marine mammals. 



And the last one that we believe should be made is eliminating 

 the exemption for animals that were in captivity prior to the enact- 

 ment of the act. We do not think that is necessary anymore be- 

 cause those animals should be given the same protection as all 

 other marine mammals. 



But with the exception of that, we believe that the regulations 

 deal with the major 



Senator Kerry. Will deal with the other issues. 



Mr. Hall. Yes. 



Senator Kerry. What do you see as unresolvable with respect to 

 the photography issue? 



Mr. Hall. It is a question of having a legislative authorized ac- 

 tivity that we can use as a mechanism for granting that permit. 



Senator Kerry. And what specific activity would you envision a 

 permit being necessary for? 



