12—Cold Mountain Cold Rivers Complaint
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 . . . along the Madison Arm of Hebgen Lake and along the Madison River. See BA at
pp. 4, 33. Further, “[a]ctivities associated with the removal of bison that occur within 1/4
mile (400 m) of open water associated with the Madison Arm and Madison River will only
be permitted between 10:00 a.m. and 3:00 p.m.” see Id.
The U.S. Fish and Wildlife Service issued its final Biological Opinion on
December 18, 1998. Pursuant to § 7(b)(3)(A) of the Endangered Species Act (ESA), 16
U.S.C. § 1536(b)(3)(A). See
B.O.
On March 17, 1999, the USFS issued a Special Use Permit (Permit),
Holder NO. 1703/01, to the Montana Department of Livestock for the purpose of managing
bison that may carry brucellosis.
On approximately April 7, 2001, BFC volunteers observed a MDOL agent on an
all-terrain vehicle (ATV) leave Forest Road 610 and enter Zone II of the Eagle Closure Area near
the Horse Butte fire lookout tower. By the terms and conditions of the BO, “[a]ll-terrain vehicle
and motorcycle use is NOT permitted within Zone II except on Forest Road 610 and the lookout
road.”See Ex. 4 , p.
On approximately April 12, 2001, Buffalo Field Campaign volunteers observed a
MDOL helicopter repeatedly fly over eagle closure areas at treetop level during the course of hazing
From approximately April 26 through May 1, 2001, Buffalo Field Campaign
volunteers observed federal fixed-wing aircraft flying at very low altitudes over bald eagle closure
areas. Through a May 9, 2001 discussion between Mike Mease of the BFC and a Yellowstone
National Park Service employee, it was discovered that the fixed-wing aircraft was a National Park
Service plane performing bison reconnaissance missions for the MDOL in the Horse Butte Area.
On numerous occasions, as documented by Plaintiffs on videotape and as sworn to
in Plaintiffs’ affidavits, MDOL deployed helicopters to haze bison. Helicopters were witnessed in
