UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 10 of 64Species Act (beluga whales in Russia are not so protected), the activity isconsistent with that Act; (d) the proposed activity “by itself or in combination withother activities, will not likely have a significant adverse impact on the species orstock;” (e) the applicant has adequate expertise, facilities, and resources tosuccessfully accomplish the objectives and activities stated in the application;(f) the applicant has adequate qualifications, facilities, and resources for the propercare and maintenance of the marine mammal if a live animal will be held captiveor transported; and (g) the requested import will not likely result in the taking ofmarine mammals beyond those authorized by the permit. 50 C.F.R. §216.34(a).25. Regulations promulgated by the Secretary set forth at 50 C.F.R.§216.35 provide that other restrictions shall apply to all permits for taking orimport for public display and certain other purposes. Those restrictions are that:(i) the taking or import complies with applicable regulations; (ii) the maximumperiod for a permit shall not exceed five years; (iii) marine mammals to beimported must be taken and imported in a humane manner and in compliance withany applicable law; (iv) the permit holder shall not import any marine mammal thatis pregnant or lactating at the time of taking or import, or is unweaned or less thaneight months old unless such import is specifically authorized; (v) captive marinemammals shall not be released to the wild unless such release is authorized; (vi)10