SANFORD (CBS4) – It is the fourth day of testimony Thursday in the hearing involving SeaWorld Orlando and a federal job safety agency which wants the theme park to pay $75,000 in fines from three citations issued after the death of a killer whale trainer last year.

An administrative judge in Sanford is weighing whether it is too dangerous for trainers to have contact with killer whales.

SeaWorld says three safety citations, issued by the Occupational Safety and Health Administration after an investigation into trainer Dawn Brancheau’s death, are unfounded.

Brancheau died Feb. 24, 2010, when a killer whale named Tilikum grabbed her and dragged her underwater violently. The medical examiner said she died of drowning and traumatic injuries.

Wednesday, government attorneys defending the job safety citations against SeaWorld said the theme park kept incomplete records of whale behavior that posed threats to trainers.

OSHA attorney John Black questioned SeaWorld’s head of animal training Charles Tompkins about past interactions during which whales acted aggressively. The SeaWorld records describe 100 incidents, but Black said they are incomplete. He noted that trainer Dawn Brancheau’s was missing from the records.

Tompkins answered that the death was not included in the log because a report was not complete.

Tompkins explained that what one trainer considers a sign of aggression might not be considered a sign of aggression by another trainer. He added that trainers maintain an ongoing dialogue on animals’ behavior. Trainers receive vigorous instruction on how to recognize signs of possible aggression, and behavior that is considered a precursor to aggression does not always lead to aggression, he said.

He said he did not consider Tilikum’s initial action of pulling Brancheau underwater as aggressive. Black followed up with a question about whether the whale showed aggression by continuing to hold her underwater, eventually drowning her.

“Yes,” Tompkins said.

Black asked Tompkins about two other cases during which humans died after interacting with Tilikum. In 1991, a trainer in British Columbia who fell into a whale pool with Tilikum and two other orcas was forcibly submerged. In 1999, a man sneaked by security at SeaWorld Orlando and was found draped over Tilikum. The man either jumped, fell or was pulled into the frigid water and died of hypothermia, though he was bruised and scratched.

Tompkins said he did not consider these as examples of aggressive behavior because the details are not known.

“We don’t have those specifics. We don’t know,” he said. “I would tell you right now I think I would be very careful saying those are known examples of aggression. We don’t know that.”

Black showed a video of a previous incident involving a different whale in Ohio that held a trainer underwater for an extended period of time. The video showed the man dangling underwater from the whale’s mouth by his foot. When the whale finally brought the trainer up to the side of the pool the man aggressively swam away, climbed up on a watery platform and tried to run before collapsing. He suffered broken bones in his foot.

The Spanish government conducted its own investigation after an incident at Loro Parque, a Canary Islands facility that houses some of SeaWorld’s whales. The investigation found that being in the water with the whales was inherently dangerous, Black said. Tompkins said he was not aware of the report.

“The way we deal with that park, it wasn’t my responsibility to look into their paperwork or their legal efforts with their government,” Tompkins said.

The judge isn’t expected to issue a ruling until at least 10 days after the end of the hearing. A ruling against SeaWorld could force park officials to change how trainers interact with whales.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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