22—Cold Mountain Cold Rivers Complaint

Special Use Permit and the Biological Opinion nondiscretionary

terms and conditions. Defendants have consistently and

systematically used helicopters to haze bison in areas where

they are specifically prohibited by the terms of the Biological

Opinion and Incidental Take Statement. Defendants have attempted

to circumvent the helicopter hazing proscriptions by redefining

the “no-fly” zone for helicopters in the 2000-2001 Annual

Operation Plan. Through post-hoc letters and communications, the

Defendants have attempted to redefine the Horse Butte Area,

although the definitions in the EA and BO consistently define

the area analyzed for the project’s direct and cumulative

effects, and consistently define the “Horse Butte Area.”Such

actions therefore constitute violations of the ESA.

48.

To the best of Plaintiffs’ knowledge and belief,

Defendants have failed to consult regarding the effects of the

project on the threatened Canada Lynx, which was listed as

threatened under the Endangered Species Act in 2000.

V.

COUNT TWO—NATIONAL ENVIRONMENTAL POLICY ACT

49.

The preceding paragraphs are hereby realleged as

though set forth in full hereunder.

50.

The Federal Defendants failed to take the requisite

hard look at impacts on threatened species as required by the

National Environmental Policy Act (NEPA), 42 U.S.C. § 4332