25—Cold Mountain Cold Rivers Complaint

the Horse Butte Area where it is prohibited by the terms and

conditions of the Biological Opinion and where the Defendants

represented to the Court that they would not haze in the future.

VIII.

COUNT FIVE--SPECIAL USE PERMIT VIOLATIONS

58.

The preceding paragraphs are hereby realleged as if

set forth in full hereunder.

59.

The Gallatin National Forest issued a ten-year Special

Use Permit for the operation and maintenance of the Horse Butte

Bison Capture Facility and associated hazing activities.

60.

The Special Use Permit was issued by the Gallatin

National Forest with the authority of the U.S. Fish and Wildlife

Service on the condition that the nondiscretionary terms and

conditions of the Biological Opinion be strictly adhered to.

61.

The Defendants have continuously, systematically, and

purposefully violated the terms and conditions of the Special

Use Permit.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A)

Declare that Defendants have violated each law as set

forth in the Counts alleged above;

B)

Void the Special Use Permit issued by the Gallatin

National Forest; C) Issue a permanent injunction

prohibiting operation of the Horse Butte Bison Capture