8—Cold Mountain Cold Rivers Complaint
Id., Appendix A, p. 14. Again, there is no analysis of helicopters in the BA. However, if
snowmobiles would have the above-described effect on bald eagles, one can easily
extrapolate that helicopter activities would have exponentially greater impacts on eagles.
This is especially true in view of the fact that eagles tend to nest in the tallest tree stands,
and prefer secure perching areas to forage along the open waters of the Madison River and
Hebgen Lake where helicopters would be particularly disturbing. Id.
Appendix A, p.13.
Significantly, the BA notes that bald eagles extensively use the north side of the Madison
Arm of Hebgen Lake for perching, foraging and loafing, and that once the ice melts and
eagles can no longer perch on the ice, then “tree perches along the edge of the lake may be
more important to bald eagles during the winter.”Id. p. 20. Moreover, there is no question
that helicopters and their associated noise would be “sporadic and observable,” perhaps
more so than snowmobiles.
The BA also contains appendices. At Appendix V, under the heading
“Visual Monitoring Methods for the Horse Butte Bald Eagle Nesting and Foraging Area,”
the stated goals and objectives for visual monitoring of the “Horse Butte bald eagle nesting
territory and bald eagle use of the Madison Arm of Hebgen Lake are” to: (1) assess
occupancy and activity of the Horse Butte nesting territory; (2) to attempt to assess the
effects of the bison capture facility on eagles nesting and foraging activities on eagles in the
Horse Butte breeding territory and the Madison Arm of Hebgen Lake; (3) to determine
whether the Horse Butte eagles initiate nesting and incubation; (4) to determine if the Horse
Butte eagles complete incubation, and if not when incubation ceased; (5) to determine
whether the Horse Butte nest was productive, and; (6) to assess any changes in
foraging/perching uses “along the Madison Arm of Hebgen Lake before, during and
after capture facility operations and construction.”See EA, Appendix V to Appendix
B, p. 34 (emphasis added).
Appendix V to the BA then sets forth a “Monitoring Schedule and
Guidelines.” Id. The premonitoring guidelines are clearly laid out providing that:
