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Montana Groups Shut Down Department of Livestock Helicopters on Horse Butte Peninsula, Gallatin National Forest. Groups Aim to Protect Habitat for Yellowstone Bison, Bald Eagles.

Helena, MT - Although their request for a Temporary Restraining Order (TRO) was denied yesterday in federal court, members of three Montana conservation groups who sought the action say the ruling provides some of the results they were after.

The Ecology Center, Inc., Buffalo Field Campaign and Cold Mountain, Cold Rivers filed the TRO under the Endangered Species Act (ESA) on May 9, 2000 asking Lovell to restrain the Montana Department of Livestock (DOL), the US Forest Service (USFS), and the National Park Service (NPS) from illegally harming threatened bald eagle nests on the Horse Butte Peninsula.

"While Judge Lovell did not see fit to act on our Temporary Restraining Order, the MT Department of Livestock, the US Forest Service, and the National Park Service fulfilled our main purpose in Court when they promised Judge Lovell that bison will not be hazed with helicopters on the Horse Butte Peninsula," said Jim Coefield of the Ecology Center. "It's a victory for the eagles nesting on Horse Butte. If the Montana Department of Livestock brings helicopters out on the Butte again, I'm sure the Judge will not take it lightly."

In his order, Judge Lovell wrote: "all of the Defendants do agree that no hazing shall be accomplished by helicopter. "He goes on to say, "Defendants represent to the court that there is no intention for future helicopter hazing in Horse Butte area."

The Horse Butte Peninsula is approximately 15-square miles or 10,000 acres of world class wildlife habitat. Much of the land is owned by the public (Gallatin National Forest) and provides habitat for Yellowstone's wild bison herds.

Horse Butte lies north of the Madison Arm of Hebgen Lake and the Madison River, east of Hebgen Lake, south of the Grayling Arm of Hebgen Lake and Cougar Creek, and west of Yellowstone National Park. The peninsula provides habitat for a number of sensitive species including the Bald eagle, gray wolf, trumpeter swan, peregrine falcon, grizzly bear, wolverine, lynx, and boreal owl.

Darrell Geist, Executive Director of Cold Mountain, Cold Rivers said the Montana Department of Livestock is on notice that the groups intend to sue them for illegally jeopardizing threatened species on the Horse Butte Peninsula. "We have to wait a few more days but we will vigorously pursue the revocation of the Montana Department of Livestock's permit to haze bison, and prove in court that they have repeatedly violated legal requirements to protect nesting bald eagles on the Horse Butte Peninsula."

During the hearing, attorneys for the Defendants denied "any past helicopter violations on the Horse Butte prohibited areas." According to Dan Brister of the Buffalo Field Campaign, the groups have documented evidence of Montana DOL eagle closure violations. "I was there on April 20 when the helicopter flew over Horse Butte. The chopper flew directly over Zone Two of the Eagle Closure. Eagles had flushed and were circling over the Butte. The Special Use Permit states specifically that: 'helicopter activities will NOT be permitted in the Horse Butte area.'"

"The no helicopter hazing conditions for the Horse Butte Area were issued pursuant to the Endangered Species Act," said Brenda Hall, the attorney representing the Buffalo Field Campaign, The Ecology Center, Inc., and Cold Mountain, Cold Rivers. "Simply put, helicopters are prohibited on Horse Butte Peninsula."