Helena, MT- The State of Montana's and the U.S. government's Yellowstone buffalo management plan is illegally harming bald eagles, trumpeter swans and their habitat, according to a lawsuit filed today in Federal District Court (Helena, Montana) by Cold Mountain, Cold Rivers, Buffalo Field Campaign, and The Ecology Center, Inc.

The groups charge that the Montana Department of Livestock, U.S. Forest Service, U.S. Fish and Wildlife Service and National Park Service are in violation of several federal environmental laws. They are seeking an injunction prohibiting the hazing and capturing of Yellowstone's wild buffalo herd on the Horse Butte Peninsula, part of the Gallatin National Forest near Yellowstone National Park. The area provides habitat for several threatened species and sensitive migratory birds including bald eagles, grizzly bears, gray wolves, and trumpeter swans.

The complaint alleges that the agencies are violating the Endangered Species Act, National Environmental Policy Act, Migratory Bird Treaty Act and the Administrative Procedure Act by:

• Failing to take the requisite hard look at all impacts and analyze the cumulative effects of hazing buffalo in habitat occupied by threatened bald eagles and sensitive trumpeter swans;
• Failing to adhere to monitoring requirements for bald eagle territories in the Horse Butte area;
• Repeatedly and illegally using helicopters and all-terrain vehicles to haze buffalo in and near protected bald eagle closure areas;
• Flying aircraft over protected bald eagle closure areas; and by
• Illegally disturbing habitat occupied by threatened and sensitive species.

Additionally, the complaint alleges that:

• The Montana Department of Livestock is in violation of the terms and conditions of their 10-year Special Use Permit to haze and capture wild buffalo on the Gallatin National Forest;
• The Montana Department of Livestock has failed to adhere to the "nondiscretionary ... reasonable and prudent measures" imposed by the U.S. Fish and Wildlife Service to minimize harm and human caused disturbance to bald eagles;
• The agencies have exceeded the incidental take of threatened bald eagles; and that
• The U.S. Forest Service and U.S. Fish and Wildlife Service have failed to enforce the provisions of the Special Use Permit and Biological Opinion.

"We have repeatedly warned the Montana Department of Livestock and the Gallatin National Forest that they are illegally impacting threatened bald eagles and their habitat," said Darrell Geist of Cold Mountain, Cold Rivers. "There is not one biological opinion, environmental analysis, or permit that they are in compliance with, and they've misrepresented themselves in court."

At a hearing before Federal District Court Judge Charles C. Lovell in May, 2000, the Montana Department of Livestock and U.S. Forest Service "represent[ed] to the Court that there is no intention for future helicopter hazing in Horse Butte Area." During the winter and spring of 2000-2001 the Montana Department of Livestock repeatedly used helicopters over the Horse Butte area to haze and capture buffalo. Five buffalo bulls have been shipped to slaughter this year.

Since 1984, 3,182 buffalo have been shot or shipped to slaughter by the State of Montana with the cooperation of several federal agencies. The Yellowstone buffalo herd is targeted by the agencies for "brucellosis control" when they migrate to winter and spring range primarily on public lands surrounding Yellowstone Park.

Over the next 15 years the State of Montana and the U.S. government plan to spend $40-$45 million taxpayer dollars to haze, capture, test, vaccinate and slaughter wild buffalo that migrate outside the Park.

"All this illegal activity impacting threatened bald eagles and the Yellowstone ecosystem is done to protect cattle that don't winter here," said Mike Mease of Buffalo Field Campaign. "Five buffalo bulls have been shipped to slaughter. Trumpeter swans and migrating waterfowl have been displaced. Bald eagle nests are failing to produce young. Why? So a few more taxpayer subsidized cattle can range on public lands - land the buffalo is wrongfully denied."

The Horse Butte Peninsula is home to three active bald eagle nests: the Ridge, Narrows and Horse Butte. The Madison Arm of Hebgen Lake and Madison River are prime wintering and foraging habitat for bald eagles in the Yellowstone ecosystem. The Horse Butte area, a 10,000-acre peninsula near West Yellowstone, Montana, provides winter range and spring calving habitat for Yellowstone's native buffalo herd.

In 1999 and 2000 the Ridge bald eagle nest failed, and in 2000 the Horse Butte bald eagle nest also failed to produce young. This year, no bald eagles have been detected at the Narrows nest. The U.S. Forest Service has not determined the causes of these nest failures, and has an affirmative duty to cease any operations "in the interim period between initiation and completion of the new consultation if any additional taking is likely to occur," according to the U.S. Fish and Wildlife Service's Biological Opinion.

"The bald eagle and the wild buffalo are the great symbols of freedom and wildness in this land," said Jim Coefield of The Ecology Center, Inc. "The U.S. Forest Service and U.S. Fish and Wildlife Service is allowing the Montana Department of Livestock to run amok and do what it pleases at any cost. The vast majority of people do not support the agencies' actions, and we trust the Court to use reason and end this disgrace."

The environmental groups are based in Missoula and West Yellowstone Montana and are represented by Brenda Lindlief Hall of the law firm Reynolds, Motl and Sherwood in Helena, Montana.

"The Montana Department of Livestock has consistently and systematically violated the terms and conditions established by the U.S. Forest Service and the U.S. Fish and Wildlife Service for operating the buffalo capture facility and hazing buffalo on public lands," said Hall. "The Montana Department of Livestock has deployed helicopters in areas where they are specifically prohibited, and has flagrantly ignored habitat protections established for bald eagles," she continued. "The U.S. Forest Service and U.S. Fish and Wildlife Service have wholly failed to analyze the effects of aircraft on bald eagles and other native wildlife. Further, all of the Federal Defendants have actively assisted the Montana Department of Livestock in its' illegal activities. This lawsuit seeks to uphold the laws that protect native wildlife and the ecosystems that are part of the American people's heritage."

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