14—Cold Mountain Cold Rivers Complaint

27.

Appendix V to the BA then sets forth a

“Monitoring Schedule and Guidelines.” Id. The premonitoring

guidelines are clearly laid out providing that:

Pre-monitoring of the Horse Butte bald eagle nesting
territory (foraging and nesting areas) will occur 2
weeks before scheduled installation of the capture
facility. Pre-monitoring will include a minimum of 4
days a week for a two week period and will focus
observations along the Madison Arm of Hebegen [sic]
Lake . . . . This will allow monitoring to occur
before the beginning of the general nesting period
(February 1).

* * * *

The USFS recommends that the bison capture facility be
installed before bald eagle nesting activities are
initiated. If installation of the facility is delayed
until after February 15, the USFS would consider
foregoing pre-monitoring in exchange for 8 days
of monitoring during operation of the capture
facility. . . . Installation of the capture facility
before February 1 is preferred.

See EA, Appendix V to Appendix B pp. 34-5. Undeniably then, by

the terms of the BA, the bison capture facility should be

installed prior to February 1, and pre-monitoring must be done

if the facility is installed prior to February 1.

28.

In October 2000, the Gallatin National Forest wildlife

biologist, JT Stangl, issued the Ecology and Management of Bald

Eagles on Hebgen and Earthquake Lakes, Gallatin County, Montana

(hereinafter Eagle Management Plan). See Eagle Management Plan.

That document was specifically prepared to meet the requirements

of the USFWS’s BO for the Horse Butte Bison Capture Facility.