18—Cold Mountain Cold Rivers Complaint

prior to initiating bison management activities in the

Horse Butte Area, then it is impossible to determine if and

how the bison capture facility impacts changes in eagle

foraging and perching, nesting and incubation, and overall

nest productivity.

34.

The ESA requires that the USFWS must consider the

environmental baseline of all human activities in the

project area, including actions in the area that have

already undergone ESA § 7 consultation. See 50 C.F.R. §

404.02. Foregoing bald eagle monitoring is not consistent

with the ESA, because it effectively precludes establishing

an environmental baseline.

35.

The BA notes that:

The Madison Arm is generally the only open water
available on Hebgen Lake during the winter and
numerous eagles (nesting and migrating) forage there.
. . .

Bald eagle perches identified were primarily located
along the Madison Arm and by the mouth of the Madison
River with Hebgen Lake.

See BA p. 16.

36.

The BA restricts bison hazing activities along

open waters of Madison Arm of Hebgen Lake and the Madison

River, stating that “[h]azing restrictions for the Horse

Butte area would be implemented under conditions of a

Special Use Permit. These hazing regulations would include