UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 58 of 64MMPA specifically authorizes the collection and import of marine mammals forpublic display. 16 U.S.C. §§1371(a)(1) and 1374. Defendants’ permit decisionviolates the MMPA and nullifies these provisions of law by prohibiting any UnitedStates entity from importing a marine mammal if the exporting country, which isnot subject to the MMPA, may allow future collections for public display.132. The factual basis for Defendants’ legal position is Defendants’ beliefthat “issuance of this permit would contribute to the demand to capture belugasfrom this stock for the purpose of public display worldwide, resulting in futuretaking of additional belugas from this stock.” To the contrary, one purpose of theproposed import is to increase the breeding population of beluga whales held ataccredited North American public display facilities such that no further permits forimportation or collection will be sought by such facilities in the foreseeable future.133. Defendants’ Draft Environmental Assessment regarding the permitapplication recognizes it is highly unlikely that there will be future import orcollection applications from facilities subject to the MMPA. That document states:“There are no active permits which authorize the importation of beluga whales inthe U.S., or other permits authorizing the direct collection of marine mammalsfrom U.S. waters for public display. In addition, this application has beensubmitted with the understanding that all facilities holding beluga whales in the58