UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

More documents

Recommendations

Info

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 46 of 64Commission and its Committee of Scientific Advisors were created, among otherthings, to provide scientific advice to Defendants. 16 U.S.C. §1401, et seq. Afterconsidering the scientific evidence and all of the applicable statutory andregulatory standards, the Commission recommended issuance of the permit. Inaddition, the Agriculture Department’s Animal and Plant Health InspectionService, which has responsibility for overseeing the care and maintenance ofmarine mammals in human care, recommended approval of the permit application.FIRST CLAIM FOR RELIEF(Violation of the MMPA and the APARegarding the Impact of the Import on Wild Populations)100. Plaintiff realleges, as if fully set forth herein, each and everyallegation contained in paragraphs 1 through 99.101. The regulations implementing the MMPA provide that the proposedaction (here the import of 18 previously collected beluga whales) by itself or incombination with other activities will not likely have a significant adverse impacton the species or stock. 50 C.F.R. §216.34(a)(4). Defendants claim the permit, ifissued, would violate this regulation. In applying this regulation, the permit denialstates “the relevant question under the MMPA becomes ‘Is the beluga whale tradein the Sea of Okhotsk sustainable?’”46
Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 47 of 64102. Defendants claim this standard is violated because Defendants“cannot discount the possibility” that there could be an “undetected” decline in thepopulation of beluga whales in the Sea of Okhotsk and that the live capture ofbeluga whales for public display “may have contributed” to this undetected,possible decline.103. Prior to submitting the permit application, Georgia Aquariumsupported research by the A. N. Severtsov Institute of Ecology and Evolution, partof the Russian Academy of Science, to design and implement a multi-year study ofbeluga whales in the Sea of Okhotsk (the “Severtsov Study”) as described above.104. The Severtsov Study verified that the collections of beluga whalesfrom the Sea of Okhotsk as permitted by the Russian Federation were sustainableand were at a level that would not adversely affect the wild population.105. The data and analysis of the Severtsov Study were peer reviewed by apanel of beluga whale experts selected by the IUCN. As described above, theresulting report, titled “Report of an Independent Scientific Review Panel,” waspublished in 2011.106. As described above, the IUCN panel concluded the level of removalsunder permits issued by the Russian Federation is sustainable.47
Page 1 and 2: Case 1:13-cv-03241-AT Document 1 Fi
Page 23: Case 1:13-cv-03241-AT Document 1 Fi
Page 64: Case 1:13-cv-03241-AT Document 1 Fi

UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Create successful ePaper yourself

Delete template?

Save as template?