20—Cold Mountain Cold Rivers Complaint

40.

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 bison.

41.

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.

42.

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 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.

43.

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