10—Cold Mountain Cold Rivers Complaint

boreal owls, lynx and wolverine are all listed as sensitive

species. See EA, Appendix B at p. 5. The Canada Lynx is now

listed as a threatened species pursuant to the Endangered

Species Act.

21.

Nowhere in the EA, or in the Appended BA or BE is an

evaluation of the effects of helicopter hazing on any

threatened, endangered, or sensitive species analyzed. See EA,

Appendix B at p. 5.

22. The BE states that noise associated with the capture

facility would include many things, but does not ever mention

helicopters. Id. The BE further states that “various means of

transportation would be used to haze bison including: motorized

vehicles, snowmobiles, motorcycles, ATV’s [sic] and/or horses.”

Id.

p. 3. Helicopters are notably absent from the list. Id.

23.

The only mention of helicopter hazing in the EA that

Plaintiffs are aware is prohibitive language, stating that

“[h]elicopter activities shall NOT be permitted in Zone I.” See

EA Appendix IV, p. 32. Id.

(emphasis in original). Further,

Zone II hazing requirements state that “[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