13—Cold Mountain Cold Rivers Complaint
Zones I and II of the Eagle Closure Areas, as well as over and along the open waters of the
Madison Arm of Hebgen Lake and generally in areas where, and during times that, the BO
prohibits helicopter use.
As of May 4, 2001, the Defendants had been hazing bison for sixteen (16) days
straight despite stating in the, 2000-2001 Annual Operation Plan that hazing was expected to be of
short duration and intensity. There was intensive hazing prior to this sixteen-day run, and
extensive hazing and reconnaissance activity has been ongoing since.
COUNT ONE—ENDANGERED SPECIES ACT
The preceding paragraphs are hereby realleged as though set forth in full hereunder.
The Defendants in this case have violated the ESA by failing to protect threatened
bald eagles and their habitat. Further, Defendants failed to adequately analyze the cumulative
effects of the project, and wholly failed to analyze the use of helicopters for hazing bison. They
have also failed to establish an annual environmental baseline for bald eagle nesting and habitat in
the Horse Butte Area, and specifically for the Horse Butte Nest. Such failure violates the ESA §§ 7
and 9, 16 U.S.C. S§ 1536, 1538 and implementing regulations.
The Defendants have further violated the ESA by consistently failing to adhere to
the non-discretionary terms of the Incidental Take Statement contained in the Biological Opinion,
and by not analyzing the effects of the use of helicopters and fixed-wing aircraft on threatened,
endangered and sensitive species and their habitat.
Defendants have consistently and systematically violated the Special Use Permit
termsa nd conditions and changed the terms of the Annual Operation Plan in violation of the
Special Use Permit and the Biological Opinion nondiscretionary terms and conditions. Defendants
have consistently and systematically used helicopters to haze bison in areas where they are
specifically prohibited by the terms of the Biological Opinion and Incidental Take Statement.
Defendants have attempted to circumvent the helicopter hazing proscriptions by redefining the “no-
fly” zone for helicopters in the 2000-2001 Annual Operation Plan. Through post-hoc letters and
communications, the Defendants have attempted to redefine the Horse Butte Area, although the
