Missoula, MT- Montana environmental groups today challenged the veracity of claims made by the Montana Department of Livestock in their statements to the press and the public on the legality of constructing a bison capture facility prior to conducting pre-monitoring for threatened bald eagles on Horse Butte Peninsula of the Gallatin National Forest.

In Montana Department of Livestock's January 9, 2001 press release "Bison Capture Facility Being Constructed," they claim: "The permit states that if the [bison] capture facility is constructed before February 1, 2001, pre-monitoring of the Horse Butte bald eagle nesting territory is not necessary."

However, that statement is not taken from any permit granted to the Montana Department of Livestock but an annual Operation Plan. The Operation Plan for the bison capture facility is updated annually by the Hebgen Lake District Ranger and the Montana Department of Livestock. The Operation Plan must conform to the nondiscretionary terms and conditions set forth respectively by the U.S. Fish and Wildlife Service, and the U.S. Forest Service, to legally harm the Horse Butte bald eagle nest, and to construct a bison capture facility on Horse Butte.

The Montana Department of Livestock plowed Forest Service Road 610 last week, to access the site, and began constructing the bison capture facility early this week. There is no evidence that the agencies conducted any bald eagle monitoring prior to plowing the road, occupying the site, and constructing the bison capture facility.

The U.S. Forest Service's Environmental Assessment which incorporates the Biological Assessment for the Montana Department of Livestock's Special Use Permit for the bison capture facility states: "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 2 week period and will focus observations along the Madison Arm of Hebegen [sic] Lake. Monitoring days must be dispersed throughout the week and observations completed at variable time periods between 0600 and 1830. This will allow monitoring to occur before the beginning of the general nesting period (February 1)." (U.S. Forest Service 11-30-98)

The Incidental Take Permit issued by the U.S. Fish and Wildlife Service incorporates the bald eagle monitoring plan adopted by the U.S. Forest Service in their Biological Assessment and states: "Such monitoring would provide information to assess the effects of the Horse Butte bison capture facility on foraging and nesting activities of the bald eagles using the Horse Butte nest site."

This is one of many "nondiscretionary," "reasonable and prudent measures," that the agencies must follow to minimize incidental harm and human caused disturbance to three active bald eagles nests on Horse Butte, and to foraging bald eagles along the Madison Arm of Hebgen Lake and the Madison River. (U.S. Fish and Wildlife Service 12-18-98)

Horse Butte Peninsula is territory to three active bald eagle nests: the Ridge, Narrows and Horse Butte. Hebgen Lake surrounds the Peninsula, and the Madison Arm provides foraging for bald eagles wintering and nesting in the area. Horse Butte also provides winter range and spring calving habitat for Yellowstone's wild bison herd.

"The Hebgen Lake District Ranger and the Montana Department of Livestock do not have the discretion to change or ignore the legal requirements of an Incidental Take Permit issued by the U.S. Fish and Wildlife Service," stated Darrell Geist, Executive Director of Cold Mountain, Cold Rivers. "These are mandatory restrictions to minimize harm to threatened bald eagles. The agencies are now operating illegally in violation of the Endangered Species Act."

"Construction of the bison capture facility has violated the Montana Department of Livestock's permit to legally harm the Horse Butte bald eagle nest and capture Montana's bison that range on the Butte," stated Jim Coefield of The Ecology Center. "The only action that could legally protect the eagle now would be to dismantle and remove the bison capture facility immediately. The U.S. Fish and Wildlife Service should look at the continued violations of the Department of Livestock and the inability or unwillingness of the U.S. Forest Service to enforce compliance and revoke the Incidental Take Permit for good."

"Our volunteers are closely monitoring Montana Department of Livestock activities on Horse Butte," stated Mike Mease of the Buffalo Field Campaign. "We are keeping an eagle eye on the situation."

On January 5, 2001, Buffalo Field Campaign, The Ecology Center, Inc. and Cold Mountain, Cold Rivers filed a 60-day Notice of Intent to sue the Montana Department of Livestock and the U.S. Forest Service for violations of the Endangered Species Act. The environmental groups are based in Montana.

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