13.07.2015 Views

UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 61 of 64139. The MMPA and its implementing regulations prohibit the import ofmarine mammals that are less than eight months old or nursing at the time oftaking, whichever occurs later. 16 U.S.C. §1372(b)(2), 50 C.F.R. §216.12(c).140. Defendants’ permit decision asserts five of the 18 whales proposed forimport were estimated to be a minimum of 1.5 years of age at the time ofcollection. The permit decision further asserts that beluga whales may nurse fortwo years or longer and, therefore, “[a]t 1.5 years of age, beluga whale calves arelikely not independent from their mothers.” Therefore, Defendants concluded thatgranting the permit application would violate 16 U.S.C. §1372(b)(2) and 50 C.F.R.§216.12(c).141. The stated ages of the whales at the time of capture are estimates. 1.5years is the low end of the estimate. An accurate determination of age requires theintrusive act of pulling a tooth to examine growth layers, much as a tree is aged byexamining growth rings.142. For nursing to occur, there must be a mother-calf pair and a lactatingfemale. No mother-calf pairs were collected. No lactating female was collected.143. At the time of collection and again after collection, a veterinarian orequally trained animal care specialist examined the animals and confirmed thepresence of no lactating female and no nursing calf.61

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!