UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 44 of 64population group and used PBR as the measure of the sustainability of removals.Defendants did not ask Georgia Aquarium to provide population trend data for Seaof Okhotsk beluga whales. Defendants did not assert that PBR analysis could notbe used to determine the sustainability of removals from a population.Nevertheless, Defendants’ permit denial rejected Georgia Aquarium’s reliance on aPBR analysis, stating PBR analysis could not be used because of the absence ofpopulation trend analysis showing an increasing population.94. When Defendants published a Federal Register notice of receipt of thepermit application, Defendants stated the application was complete,notwithstanding the absence of population trend data which Defendants stated wasrequired in its denial of the permit.95. After reviewing the permit application, Defendants prepared a DraftEnvironmental Assessment on the Georgia Aquarium permit application. Thatdocument stated Defendants proposed to issue the requested permit to GeorgiaAquarium.96. Early in 2013, representatives of Defendants told representatives ofGeorgia Aquarium that the permit had been written and the decision document hadalso been written. A permit is not written unless the agency’s decision is to issue apermit.44