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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
Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 43 of 6491. 16 U.S.C. §1372(b) and 50 C.F.R. §216.12(c) prohibit the importationof marine mammals taken in another country in violation of the laws of thatcountry. Defendants found the 18 beluga whales were collected in compliancewith the laws of Russia.H. Defendants’ Decision Making Process92. Before submitting the permit application, Georgia Aquarium met withrepresentatives of Defendants on multiple occasions to discuss the possible permitapplication and to ask what information Defendants needed to have included in theapplication in order to comply with the MMPA. At no time did Defendants statethat population trend data for Sea of Okhotsk beluga whales was a requiredcomponent of a permit application. However, as discussed above, Defendantsfound the permit application did not comply with the MMPA because of theabsence of population trend data.93. Before submitting the permit application, Georgia Aquariumsubmitted a draft of the application to Defendants with a request that Defendantsidentify any additional information required by the MMPA or Defendants so thatDefendants could make a decision regarding the application. The draft permitapplication did not contain population trend data for Sea of Okhotsk belugawhales. The draft application computed the PBR for the Sakhalin-Amur43
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