UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 11 of 64the permit holder is responsible for all activities occurring under the permit; (vii)persons operating under the permit must possess qualifications commensurate withthe activities undertaken; (viii) persons who require federal or state licenses toconduct activities under the permit have such licenses; (ix) the permit is nottransferable; and (x) the permit holder shall possess a copy of the permit.26. The MMPA directs the Secretary of Commerce or the Secretary of theInterior, depending on the species that is subject to the application, to publishnotice in the Federal Register of each permit application submitted pursuant to 16U.S.C. §1374 and to invite public comments for 30 days. 16 U.S.C. §1374(d)(2).Within 30 days of the close of the public comment period, or within 30 days afterthe date of any public hearing held on the permit application, the applicableSecretary is directed to issue a decision granting or denying the permit. 16 U.S.C.§1374(d)(5).FACTUAL BACKGROUNDA. The Georgia Aquarium27. Georgia Aquarium features a collection of 19,539 animalsrepresenting 737 species, including beluga whales. The Guinness Book of WorldRecords named the Aquarium as the world’s largest in its 2011 edition. GeorgiaAquarium has the requisite license from the U.S. Department of Agriculture11