21—Cold Mountain Cold Rivers Complaint

prior to this sixteen-day run, and extensive hazing and

reconnaissance activity has been ongoing since.

IV.

COUNT ONE—ENDANGERED SPECIES ACT

44.

The preceding paragraphs are hereby realleged as

though set forth in full hereunder.

45.

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.

46.

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.

47.

Defendants have consistently and systematically

violated the Special Use Permit terms and conditions and changed

the terms of the Annual Operation Plan in violation of the