UNITED STATES DISTRICT COURT NORTHERN ... - Bizjournals

Case 1:13-cv-03241-AT Document 1 Filed 09/30/13 Page 6 of 6415. This Court has the authority to grant declaratory relief pursuant to theDeclaratory Judgment Act, 28 U.S.C. §§2201-2202, and may also grant reliefpursuant to the MMPA, 16 U.S.C. §1374(d)(6), as well as the APA, 5 U.S.C. §706.LEGAL BACKGROUND16. The MMPA is intended to conserve and manage marine mammalpopulations because “marine mammals have proven themselves to be resources ofgreat international significance, esthetic and recreational as well as economic....”16 U.S.C. §1361(6).17. The MMPA places a moratorium on the taking of marine mammalswhich can be waived if certain findings are made. 16 U.S.C. §§1371(a), 1373.The MMPA states the term “take” means “to harass, hunt, capture, or kill, orattempt to harass, hunt, capture, or kill any marine mammal.” 16 U.S.C.§1362(13).18. Certain activities were deemed sufficiently important that a mandatedwaiver of the taking moratorium was included in the MMPA. 16 U.S.C. §1371(a).Two such exempted activities are the taking and importation of marine mammalsfor public display. 16 U.S.C. §1371(a)(1).19. Senator Hollings, the Chairman of the Subcommittee that wrote theSenate version of the MMPA in 1972 explained the special treatment for public6