11—Cold Mountain Cold Rivers Complaint

activities will not be permitted in the Horse Butte Area.”Id.

p. 33 (emphasis added).

24.

The BE further states that:

Hazing restrictions for the Horse Butte area would be
implemented under conditions of a Special Use Permit.
These hazing regulations would include specific
direction regarding what activities would be permitted
to occur within 1/2 mile of the Horse Butte Nest,
along the Madison River Arm of Hebgen Lake and along
the Madison River. (Appendix IV). Shooting of bison
and other hazing activities would not be permitted
within 1/4 mile of the Horse Butte [bald eagle]
nesting territory except on designated routes (open
roads and designated snowmobile trails) and withina
small area of less than 3 acres between FR 610 [forest
road 610] and Hebgen Lake. The 3 acre area within 1/4
mile of the nest where hazing would be permitted is
directly adjacent to the proposed access road and in
close proximity to the capture facility. No
helicopters would be used in the Horse Butte area. . .
.(Emphasis added).

A wildlife closure area was established for the
protection of wildlife, including bald eagles on
approximately 75 acres along the south end of Horse
Butte. This closure was initiated in 1993 and
prohibits any human entry from December 1 to August 15
annually. Hazing would not be permitted in the
wildlife closure area.

See EA, Appendix B, p. 4. The exact same language is

parroted in the BA. SeeEA, Appendix A, p. 4.

25.

In discussing the effects on bald eagles, the BA

states that eagles are generally “most sensitive to human

activities during next building, egg-laying and incubation

that occurs from February 1 to May 30. Human activities

during this time may cause nest abandonment. . . . ” Id.