15—Cold Mountain Cold Rivers Complaint

See Id. p. VII-1.The Eagle Management Plan acknowledges that the

USFS must comply with the terms and conditions of the December

18, 1998 BO in order to exempt the bison capture facility and

associated hazing from the prohibitions of § 9 of the ESA. In a

table under the heading USFWS Required Measures (18 December

1998), the Eagle Management Plan openly states that “[b]ison

hazing requirements as described in the BO (1998) shall be

implemented and enforced.” See Eagle Management Plan at VI-6. In

discussing monitoring for the Horse Butte Nest, the document

further states that monitoring was completed from February 2 to

June 27, 1999. However it also plainly states that:

Effects of the capture facility on foraging and
nesting activities of the Horse Butte nest have not
been assessed yet. Conclusions can generally not be
formed with only one years data. As data is
continually acquired, it will be assessed.

See id. p. VI-7. Clearly, then, the effects of the capture

facility on eagles have not been assessed. The pre-

monitoring requirements are essential to adequately assess

the effects, as they provide the yearly baseline from which

to determine the effects. Moreover, pre-monitoring is

required by the BO.

29.

On January 3, 2001, the MDOL began installing the

bison capture facility. No pre-monitoring for bald eagles was

done. The Plaintiffs sent out their January 5, 2001 NOI in