UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 62 of 64144. Almost immediately after collection, all the belugas were eating solidfood (fish, etc.) for 100% of their dietary needs. This demonstrates the fivebelugas at issue were independent of their mothers. Had any of the youngeranimals been nursing and dependent on their mothers, additional handling andacclimation, followed by formula feeding and weaning to solid food would havebeen required for the animals to survive. For the younger animals to haveacclimated and been eating solid food almost immediately after collection isincompatible with the assertion that the animals were nursing in any dependentway, if at all.145. Defendants offer no evidence contradicting the fact that the fivebelugas were not nursing. Instead, Defendants assert it was theoretically possiblethe animals were nursing.146. 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’ denial of the permit application based on the62