Case Name：Georgia Aquarium，Inc.v.Penny S.Pritzker，Secretary，美国Department of Commerce；National Oceanic and Atmospheric Administration；and National Marine Fisheries Service
自然状态：In June2012，Georgia Aquarium，Inc.，submitted an application to the National Marine Fisheries Service（NMFS）fora Marine Mammal Protection Act（MMPA）permit to immit to immit wild-caught beluga whales，which would be divided up among several aquariums，including the three SeaWorld parks in Florida，Texas，and California，and the John G.Shedd Aquarium in Chicago.In August2013，NMFS denied this permit application，finding that it did not satisfy the MMPA’s requirements for severas，Mortons， the proposed import could have a significant adverse impact on the Sakhalin-Amur beluga whale stock and potentially encourage the capture of additional beluga whales from this stock for the purpose of public display worldwide.Georgia Aquarium filed suit under the federal Administrative Procedure Act， seeking to overturn this decision.To defend the agency’s denial of the permit application，in January2014，the Animal Welfare Institute and other animal welfare/conservation organizations sought to intervene in the case.In April2014，the court granted this motion to intervene.Also in April2014，AWI and these same organizations filed a petition with NMFS to protect the Sakhalin Bay-Amur River beluga whale stock by designating the stock as“depleted”under the MMPA。On September282015，the Court found in favor of NMFS and our coalition of Intervenors。
Court：美国District Court for the Northern District of Georgia
Plaintiffs：Georgia Aquarium，Inc。
定义：Penny S.Pritzker，Secretary，US Department of Commerce；National Oceanic and Atmospheric Administration；National Marine Fisheries Service
Intervenor-Defendants：Animal Welfare Institute；Whale and Dolphin Conservation；Whale and Dolphin Conservation，Inc.（North America）；Cetacean Society International；Earth Island Institute
状态：
Read more about the靠背，靠背，check outcase media，view ouradditional resources related to this case，orlearn more about焊接用钢and，andcommercial trade。
背面，背面
The beluga whale（Delphinapterus leucas）is a circumpolar cetacean species found in the cold waters of the northern hemisphere，specifically the coastal waters of Canada，Alaska，Russia，Norway，and Greenland.Unusual among cetaceans，beluga whales have seven unfused cervical vertebrae，a feature which contributes to the marked mobility of their necks.Beluga whalso have a bulbous forehead，due to the marked mobility of their necks.melon，“which is capable of changing shape，allowing them to make different facial expressions.The melon is used to focus a variety of sounds，which has given the beluga whale the name”canary of the sea.“Beluga whales are extremely social animals，living in close-knit pods of usually fifteen or fewer animals，often segregated by age and sex。
Unfortunately，these unique characteristics of beluga whales have made thema popular choice for public display in aquariums worldwide.As of March2014，there were33 beluga whales in captivity in US facilities，12 of whom were captured in the wild。美国Marine Mammal Protect Act allows the National Marine Fisheries Service（NMFS）to issue permits for the capture and import of wild-caught cetaceans for public display，but only when a permit applicant demonstrates that strict statutory and regulatory criteria are met.NMFS last permitted the capture of wild cetaceans in USwaters in1988and1993 under a five-year permit and last permitted the import of wild-caught cetaceans for public display in1992（beluga whales captured in Canadadada）。The two decades that have passed since the United States last sourced cetaceans from the wild for public display reflects growing scientific recognition that cetaceans，particularly larger-sized species like belugas，suffer significant trauma when captured and removed from their social oup.Additional， scientific evidence suggests that beluga life spans are shorter in captivity compared to what they are in the wild。
Against this backdrop，in June 2012，Georgia Aquarium，Inc.，submitted an application to NMFS for a MMPA permit to import 18 beluga whales captured from the Sea of Okhotsk，which would be divided up among several aquariums，including the three SeaWorld parks in Florida，Texas，Califa and Calnifor， and the John G.Shedd Aquarium in Chicago.Georgia Aquarium’s business partner，Utrish Dolphinarium，Ltd.—a Russian company with a long and controversial record in the live captured of cetaceans—arranged for the capture of these beluga whales from the Sakhalin-Amur region of the Sea of Okhotsk in Russia.Other Russian companies are also involved in cetacean captures，including orca（killer wcaptures）。In August2013，after arigorous review process during which NMFS received nearly9000 public comments，NMFS found that Georgia Aquarium’s permit application did not satisfy the MMPA’s statutory and regulatory criteria for several reasons.Most importantly， NMFS found that the proposed import could have a significant adverse impact on the Sakhalin-Amur beluga whale stock and potentially encourage the capture of additional belugas from this stock for the purpose of public display worldwide.NMFS also determined that five of the beluga whales proposed for for imwersye captured，thus making their import illegal under the MMPA。
On September302013，Georgia Aquarium filed a lawsuit in the美国District Court for the Northern District of Georgia challenging the agency’s decision under the federal Administrative Procedure Act as contrary to the MMPA and its implementing regulations and as arbitrary and capricous.In January2014，AWI， along with Whale and Dolphin Conservation，Cetacean Society International，and Earth Island Institute，sought to intervene in the case in support of NMFS so as to advance the conservation of beluga whal the already depleted Sakhalin-Amur stock.On April182014，the court granted the orgazanizations’requent，finding that the organizations“were instrumental in informing[NMFS’s]determination to deny the permit.”After summary judgment briefing ended，ameits hearing tookplace before Judge Amy Totenberg on August142015。
On September282015，the court ruled in favor of Defendant NMFS and Intervenors Animal Welfare Institute（AWI），Whale and Dolphin Conservation（WDC），Cetacean Society International（CSI），and Earth Island Institute（EII），finding that NMFS followed the statutory mandate of the MMPA in its previous denial of the aquarium’s permit application。
The court agreed with NMFS’determination that the Sakhalin-Amur stock is likely declining and is subject to adverse impacts beyond the ongoing Russian live-capture operations.This determination aligns with the primary purpose of the MMPA—to prevent marine mammal species and populations from diminishing bend the point bea significant functioning element in their ecosystem。
The court also backed NMFS’interpretation of its regulations，concluding that an import could potentially encourage the capture of additional belugas from this stock for the purpose of public display worldwide。
Finally，the court supported NMFS’finding that some of the beluga whales proposed forimport，estimated to be approximately1.5 years old at the time of capture，were potentially still nursing and not yet independent of their mothers.The finding，the court ruled， is based on unrebutted scientific literature that beluga whales are not likely fully independent and still rely to some extent on their mother’s milk until3years of age。
Independent of this litigation，AWI and the aforementioned conservation organizations sought US protection for the depleted Sakhalin-Amur beluga whale stock.On April232014，the organizations filed a petition with NMFS to designate the Sakhalin Bay-Amur River stock of beluga whales as“depleted”under the MMPA。Although globally beluga whales are not currently an endangered species，this stock of beluga whales subject to intense levels of historical hunting from which it has yet to recover，and it faces serious ongoing threats，most notably from annual live captures for public display.Indeed，since，1992，1992，1992， the Sakhalin Bay-Amur River region off the coast of Russia in the Sea of Okhotsk has been the only regular source of wild-caught belugas for public display worldwide.At present，there are an estimated3，961 belugas in the Sakhalin Bay-Amur River stock—less than30percent of the stock’s estimated pre-exploitation population。The MMPA authorizes NMFS to designate as“depleted”marine mammal species or stocks that are below their optimum sustainable population（OSP）。Historically，NMFS has considered a species to have fallen below its OSP if it falls below60percent of its estimated historic population level。
Over the last few years，NMFS，the US Marine Mammal Commission，and the Scientific Committee of the International Whaling Commission have all concluded that this stock is likely depleted.In addition to conferring certain protections under the MMPA， Sakhalin-Amur beluga whale stock would encourage the United States and foreign governments，conservation organizations，the scientific community， and funding institutions to support research and conservation efforts to help recover these belugas and protect their habitat.NMFS is reviewing the petition to make an initial determination as to whether it presents substantial information indicating that a depleted designation may be warranted。
The Atlanta law firm ofStack&Associatesrepresents AWI and the other animal welfare/conservation organizations in this matter。
Case Media
其他资源
