7—Cold Mountain Cold Rivers Complaint

“[h]elicopter activities will NOT be permitted in Zone II.” Id. p. 33(emphasis in original). Finally,

the “General Hazing Restrictions outside Zones I & II (February 1-August 15)” provide that

“[h]elicopter activities will not be permitted in the Horse Butte Area.”Id. p. 33 (emphasis

added).

24.

The BE further states that:

Hazing restrictions for the Horse Butte area would be implemented under
conditions of a Special Use Permit. These hazing regulations would include specific
direction regarding what activities would be permitted to occur within 1/2 mile of
the Horse Butte Nest, along the Madison arm of Hebgen Lake and along the
Madison River. (Appendix IV). Shooting of Bison and other hazing activities
would not be permitted within 1/4 mile of the Horse Butte [bald eagle] nesting
territory except on designated routes (open roads and designated snowmobile trails)
and withina small area of less than 3 acres between FR 610 [forest road 610] and
Hebgen Lake. The 3 acre area within 1/4 mile of the nest where hazing would be
permitted is directly adjacent to the proposed access road and in close proximity to
the capture facility. No helicopters would be used in the Horse Butte area. . . .
(Emphasis added).

A wildlife closure area was established for the protection of wildlife, including bald
eagles on approximately 75 acres along the south end of Horse Butte. This closure
was initiated in 1993 and prohibits any human entry from December 1 to August 15
annually. Hazing would not be permitted in the wildlife closure area.

See EA, Appendix B, p. 4. The exact same language is parroted in the BA. SeeEA,

Appendix A, p. 4.

25.

In discussing the effects on bald eagles, the BA states that eagles are

generally “most sensitive to human activities during next building, egg-laying and

incubation that occurs from February 1 to May 30. Human activities during this time may

cause nest abandonment. . . . ” Id. Appendix A p.14. The BA also states that “[I]n

Montana, egg laying occurs as early as February 7 or as late as Mid-April. . . . Hatching

occurs from mid-March to mid-May. . . .”Clearly, then, these are the critical times of year

for nest reproduction. The BA further states that::

[sounds] that are sporadic and observable may affect bald eagle nesting and
perching behavior more than constant predictable sounds produced by activities that
can not be observed. . . . Although snowmobiles are generally a moving activity,
sound levels associated with motion may cause these activities to impact bald eagle
behavior more than most other types of human activities.