UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 42 of 6486. 50 C.F.R. §216.34(b) requires Defendants to consider the opinions orviews of scientists or other knowledgeable persons. Defendants stated this wasdone.87. 16 U.S.C. §1372(b) and 50 C.F.R. §216.12(c) prohibit the importationof animals that were pregnant at the time of taking. Defendants found no pregnantanimals were collected.88. 16 U.S.C. §1372(b) and 50 C.F.R. §216.12(c) prohibit the importationof animals that were nursing or less than eight months old, whichever is later, atthe time of taking. Defendants found this standard was not met as to five of thebelugas proposed for import because it was theoretically possible the five were notfully independent of their mothers at the time of collection.89. 16 U.S.C. §1372(b) and 50 C.F.R. §216.12(c) prohibit the importationof a marine mammal from a “depleted” stock. Defendants found the Sea ofOkhotsk stock of beluga whales is not depleted.90. 16 U.S.C. §1372(b) and 50 C.F.R. §216.12(c) make it unlawful toimport any marine mammal not taken in a humane manner. Defendantsdetermined the collection of the 18 beluga whales was performed in a humanemanner.42