UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 56 of 64results of satellite tagging studies conducted on beluga whales found in theSakhalin-Amur area during summer indicate the whales collected at the collectionsite (Chkalov and Baydukov Islands) move across the entire 70-mile breadth of theSakhalin-Amur area. Thus, all animals in the area are available for collection, notjust a few local individuals. Since the collection methodology targets groups offive or less whales, mathematically, there could be hundreds of eligible smallgroups to choose from during a collection season. A group of five isapproximately 1/700th of the most conservative Sakhalin-Amur summerpopulation estimate. The likelihood of the same whales being repeatedly capturedis exceedingly remote.128. The MMPA authorizes the Secretary to issue permits for theimportation of marine mammals for public display if issuing the permit complieswith all applicable statutory and regulatory provisions. 16 U.S.C. §§1371(a)(1),1374. The proposed Georgia Aquarium permit complies with all applicablestatutory and regulatory provisions. Defendants’ decision to deny the permitapplication when the applicable statutory and regulatory requirements are metviolates the MMPA. Defendants’ claim that granting the import permit will likelyhave a significant adverse impact on the beluga whales found in the Sakhalin-Amur area violates the MMPA and the APA because it is arbitrary, capricious, and56