3—Cold Mountain Cold Rivers Complaint

27, 2000 NOI. By the non-discretionary terms and conditions of

the BO, and the Incidental Take Statement (ITS) contained

therein, helicopter hazing in the Horse Butte Area is strictly

prohibited to protect nesting bald eagles and their habitat.

3.

In May of 2000, prior to expiration of April 27, 2000

NOI, Plaintiffs sought equitable relief in the form of a motion

for a Temporary Restraining Order (TRO) to halt the continuing

illegal hazing of bison in the Horse Butte Area over bald eagle

nests and their foraging territory. At the hearing on the

petition for the TRO, the “Defendants represent[ed] to the Court

that there is no intention for future helicopter hazing in the

Horse Butte Area.” See Exhibit 3, Judge Lovell’sMay 15, 2000

Order, p. 4; see also Ex. 3, Order, p. 2.

4.

Plaintiffs further allege that the effects of hazing

bison with helicopters on threatened, endangered and sensitive

species was never appropriately analyzed in any Environmental

Assessment (EA), Environmental Impact Statement (EIS),

Biological Assessment or Biological Opinion, and therefore

constitutes violations of the National Environmental Policy Act

(NEPA) and the Endangered Species Act.

5.

Finally, Plaintiffs allege that helicopter hazing

resulted in the disturbance and displacement of trumpeter swans

and other migratory birds from their habitat on the Madison Arm