23—Cold Mountain Cold Rivers Complaint

(20)(E); See also Robertson v. Methow Valley Citizens Council,

490 U.S. 332, 350, 109 S.Ct. 1835, 1843 (1989);see also

Muckleshoot Indian Tribe v. United States Forest Serv., 177 F.3d

800, 814 (9thCir. 1999). The environmental analysis in this

case is fundamentally flawed, because it fails to address all of

the impacts associated with the operation of the Horse Butte

Bison Capture facility, including the direct and cumulative

impacts of this project that is authorized for ten (10) years.

The use of helicopters or other aircraft for hazing was never

addressed in the EA, and the current extent and use of

snowmobiles in the eagle closure areas was not adequately

analyzed. Further, there has been no analysis for Canada Lynx,

which have since been listed as threatened pursuant to the

Endangered Species Act.

VI.

COUNT THREE—MIGRATORY BIRD TREATY ACT

51.

The preceding paragraphs are hereby realleged as if

set forth in full hereunder.

52.

The Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703

et seq. and 50 C.F.R. § 10.12-13, prohibits the “taking” of

migratory birds. The trumpeter swan is a migratory bird

protected by the MBTA pursuant to 50 C.F.R. § 10.13. Defendants

actions, particularly the use of helicopters, have directly