19—Cold Mountain Cold Rivers Complaint

specific direction regarding what activities would be

permitted to occur . . . along the Madison Arm of Hebgen

Lake and along the Madison River. See BA at pp. 4, 33.

Further, “[a]ctivities associated with the removal of bison

that occur within 1/4 mile (400 m) of open water associated

with the Madison Arm and Madison River will only be

permitted between 10:00 a.m. and 3:00 p.m.” see Id.

37.

The U.S. Fish and Wildlife Service issued its

final Biological Opinion on December 18, 1998. Pursuant to

§ 7(b)(3)(A) of the Endangered Species Act (ESA), 16 U.S.C.

§ 1536(b)(3)(A). SeeB.O.

38.

On March 17, 1999, the USFS issued a Special Use

Permit (Permit), Holder NO. 1703/01, to the Montana

Department of Livestock for the purpose of managing bison

that may carry brucellosis.

39.

On approximately April 7, 2001, BFC volunteers

observed a MDOL agent on an all-terrain vehicle (ATV) leave

Forest Road 610 and enter Zone II of the Eagle Closure Area near

the Horse Butte fire lookout tower. By the terms and conditions

of the BO, “[a]ll-terrain vehicle and motorcycle use is NOT

permitted within Zone II except on Forest Road 610 and the

lookout road.”

See Ex. 4 , p. 3