On Monday, three Montana groups, Buffalo Field Campaign, Cold Mountain, Cold Rivers, and The Ecology Center, Inc. filed a 60-day Notice of Intent (NOI) to sue the State of Montana and the federal government in Federal District Court.

The NOI documents violations of the Endangered Species Act (ESA) by the Montana Department of Livestock, the United States Forest Service, and the US Fish And Wildlife Service (USFWS). The MT Department of Livestock (DOL) plowed a road onto Horse Butte last week, and currently is constructing the Horse Butte Capture Facility. The facility will be used to capture, test, and ship bison to slaughter.

The DOL operates the trap according to an Incidental Take Permit (for eagles) issued by the USFWS and a Special Use Permit authorized by the Gallatin National Forest. The NOI focuses on the capture facility's close proximity to bald eagle nesting, perching, and feeding sites. While preparing the Environmental Assessment (EA) to allow construction and use of the Horse Butte facility, the Gallatin NF entered into formal consultation with the USFWS because of the impacts the facility would have on the eagles. Also, the current annual Operating Plan that the State is using and the Gallatin NF authorized is not in compliance with the ESA.

"The law clearly allows Interior Sec. Babbitt and Forest Service Chief Dombeck to revoke the Department of Livestock's permits to take bald eagles and capture Yellowstone bison on public lands for violation of any term, condition or law by the state of Montana," stated Darrell Geist, Executive Director of Cold Mountain, Cold Rivers. "By not conducting pre-monitoring for wintering bald eagles, the Montana Department of Livestock has once again flagrantly violated the terms and conditions of their permits."

The EA and supporting documents also contain other "trigger points" mandating that the USFWS revoke the Special Use Permit, and re-enter into formal consultation with the USFS over the capture facility. One of these triggers was the failure of a previously productive bald eagle nest to fledge the last two years.

Jim Coefield of The Ecology Center noted that "the Horse Butte Capture Facility's construction at this time is just another breach in the trust the people have placed in their elected and appointed officials. Last year it was illegal helicopter hazing... who knows what next year will bring.

This madness by the DOL must stop.

Unfortunately, Montana's new governor, Judy Martz, has elected to replace reason with fear, and work towards decimating Montana's last wild bison herd." While the groups must wait for 60 days to pass before they can file a Complaint in Federal Court asking for relief, the State and federal government continues to violate the Endangered Species Act at Horse Butte by proceeding with plans to haze, capture, test and ship bison to slaughter.

The Buffalo Field Campaign remains vigilant on the site, monitoring the DOL, and working to protect buffalo that may wander towards the capture facility and get baited into its death-trap.

"When the federal and state governments violate their own laws, there are no laws and the doors to chaos are opened. The two symbols of America--the eagle and buffalo--are being abused by our government, and we the people will not silently stand by and watch", stated Michael Mease, Field Coordinator for the Buffalo Field Campaign.

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