---------- Forwarded message ----------
Date: Sun, 15 Nov 1998 22:54:26 -0700
From: Buffalo Folks <[EMAIL PROTECTED]>
To: Stop the Slaughter <[EMAIL PROTECTED]>
Subject: EMERGENCY ALERT: Horse Butte Buffalo Capture Facility Imminent <pregnant 
female buffalo doomed to be slaughtered>

Greetings
We only have 'til Wednesday
The DOL is being very illegal about this whole affair
they are trying to supercede any and all comments you might have made
regarding this issue
note: all pregnant females will be sent to slaughter
please take a moment and read on....

The Montana Board of Livestock, currently undertaking a full fledged
publicity campaign, has been promoting a plan to maintain strong authority
over wild buffalo that enter Montana from Yellowstone. It is absurd for the
control of wild buffalo to belong to one special interest group like the
"non-elected" Montana Board of Livestock, which is funded by the livestock
industry.

Wildlife is owned by the public and should be managed according to the
public's interest. To get even further control, this week, they are trying
to place themselves above the law and supercede the public process. They
are attempting  to illegally gain a special permit to set up quarantine
facility in traditional prime buffalo wintering/calving grounds on our
public lands!

This is ridiculous. Please read the following and take a moment to respond
WE ONLY HAVE TIL WEDNESDAY... Help us get the word out...this is an all
volunteer effort. Your voice and actions make the difference.

Note: If this gets railroaded through, we will need even more warriors
in the field immediately to protect the buffalo. Please help spread the
word. Thank you for any and all efforts and for forwarding this to friends.

Thank You.

******************************************

EMERGENCY ALERT

Horse Butte Buffalo Capture Facility Rammed Through by U.S. Forest Service

On November 8 1998, the Forest Service announced an Environmental
Assessment on a proposed bison capture facility at Horse Butte, a critical
wintering grounds for Yellowstone buffalo, and nesting site for bald eagles
and sandhill cranes. The area also provides habitat for additional
threatened and endangered species such as the grizzly bear and peregrine
falcon. Horse Butte is on a peninsula on Hebgen Lake, NW of West
Yellowstone, MT.

The State of Montana Department of Livestock submitted a special use
application to the Gallatin National Forest for the capture facility,
including a request for operations in the short-term, until January 31, and
for the long-term over the next 10 years. The chosen site violates Forest
Service guidelines for protection of bald eagle nesting habitat.  Under the
long-term plan, the facility would operate during the courtship/nesting
period, which conflicts with current Eagle Management Plans.

The facility will capture and test buffalo who leave Yellowstone. All
pregnant females, regardless of whether they test positive for brucellosis,
will be shipped to slaughter. All other buffalo testing positive will be
shipped to slaughter. The agencies claim that the operation of the capture
facility will help with the "urgent need" to reduce bison mortality.
However, in the winter of 1996-1997, the use of facilities like this one
sent hundreds of buffalo to slaughter. Unfortunately, the only goal of this
facility is to decide which buffalo to kill, and will not serve to reduce
mortality.

The project has been split into two parts. The first includes the
short-term decision to build the facility, and is being pushed through with
only a 12-day public comment period and will not be appealable under
current laws. This part does not include an Environmental Assessment, and
is an extension of the current Adjustment to the Interim Bison Management
Plan. The goal of this part of the plan is to get the capture facility up
and running, and authorize its use until January 31, 1999.

The second phase of the plan is to authorize use of the facility after
January 31. The reasoning behind the split approach, is that the facility
will impact a bald eagle nesting area, and the area is closed to projects
like the capture facility after February 1st to protect the site. The
Gallatin NF will have to amend their Forest Plan to authorize the
facility's use and exempt the Forest from meeting Bald Eagle management
guidleines. Current guidelines do not allow permanent development within
one-quarter mile of a nest site.

The Forest Service claims that operation of the facility prior to February
1 is not expected to affect eagles or involve any extraordinary
circumstances which may result in significant environmental effects, other
than capture and "removal" of our last wild buffalo. This flies in the face
of individuals who have reported sighting bald eagles in the area in the
last week. In addition to this, last year the hazing operations used
helicopters to move buffalo from the area, and the helicopters violated the
closure by flying over the nesting site, and landing in the closed area. If
the Forest Service tries to justify its ammendment to exempt the capture
facility from the eagle closure by claiming that that there is no recent
history of nesting in the area (which it appears to be doing), maybe they
should look to the disturbances they have already allowed as reason for
that absence of nesting!

The Forest Service Regional Office in Missoula, MT released a statement on
Friday the 13th explaining their actions: "Because the long-term decision
requires urgent action to help reduce bison mortality, the Chief of the
Forest Service [Mike Dombeck] is being asked to exempt the project from a
stay of implementation during the appeal period." Basically, what this
means is that they want to go ahead with the proposed facility irregardless
of what the public thinks, or the legality of their actions.

The "stay of implementation" that the Regional Office in Missoula is asking
Dombeck to exempt is what lawyers ask for in court after an individual or
organization appeals a decision, and movement on the project is imminent.
The Forest Service is basically acknowledging that their project will meet
with much resistance, and is preparing to proceed irreregardless of what
the public thinks. Obviously, the timing on this proposal is such that they
think they can ram it down our throats before we can mount an effective
legal challenge.

The decision to build the capture facility will commit "irretrievable
resources" to a long term plan, at a time when management agencies are in
the midst of assessing public comment on the Draft Environmental Impact
Statement for long-term bison management.
Building the Horse Butte facility has not yet been approved by EIS. Just
because the State of Montana chose to not ask for a permit in a timely
fashion is no reason to declare an emergency and illegaly ram this project
through without adequate public participation.
This project is "piece-mealing" at its worst, as it attempts
to implement a project (without proper analysis) that has been proposed in
the current Bison Management Plan EIS. This is known as "pre-decisional
action" and is illegal under NEPA guidelines.

**********************************************************

WHAT YOU CAN DO:

Please help keep the symbol of our nation wild and free. The comments on
the short-term project are needed by November 18, 1998 and on the longterm
environmental assessment by December 1, 1998. We need you to write your
comments on the government's plan NOW!

Here's what you can do:

* Mail your comments to Diana Enright, Region One Forest Service,
  email a copy, also
* Email or Mail a copy of your comments to Mike Dombeck, Chief of the
  Forest Service
* Send a copy your comments to the Gallatin National Forest, your
  Congressional Representatives, and the Montana DOL


Send your official comments to:

USDA Forest Service Headquarters
attn: Diana Enright
P.O. Box 7669
200 East Broadway
Missoula, MT 59807
mailto:[EMAIL PROTECTED]
Make sure to put "Capture Facility Comments: for Diana Enright" in the
subject line.

Mike Dombeck, Chief, Forest Service,
Auditor's Bldg
201 14th Street, S.W. at Independence Ave., S.W.
Washington, DC 20024
202-205-1661.
mailto:[EMAIL PROTECTED]

******************************************
******************************************

Other Contact info... Let's get the issue heard about!

Senators that have email access: http://www.senate.gov/senator/membmail.html

US Federal Governtmental Agenecies:
http://www.senate.gov/senator/membmail.html

The electronic Activist: Contacts for newspapers and media around the country:
http://www.berkshire.net/~ifas/activist/index.html

Another great media list: http://www.cs.unb.ca/~alopez-o/newssources/mag.html

Important Telephone Numbers & Addresses:

FREE CALLS!
Montana's Department of Livestock
800-523-3162
P.O. Box 202001
Helena, MT 59620
Be prepared to deal with slick PR media flacks!

National Forest System Regional NEPA Contact:
Kris Lee
Northern Region (R1)
Federal Building
P.O. Box 7669
Missoula, MT 59807-7669
(406) 329-3511
mailto:[EMAIL PROTECTED]

National Forest Service Public Affairs Office: 202-205-1760

For more info on the buffalo issue in Yellowstone, please see our pages at:
http://www.wildrockies.org/buffalo
****************************************************
Here is a sample letter for ideas
:

Ms. Diana Enright
Forest Service Headquarters
P.O. Box 7669
200 East Broadway
Missoula, MT 59807


To Ms. Enright:

Please consider the following comments on the two permits you are
currently considering granting the Montana Department of Livestock to
construct and operate a bison capture and holding facility on Forest
Service lands close to West Yellowstone.

SHORT-TERM PERMIT:

Construction of the proposed capture facility would require exempting
the Gallatin Forest from meeting guidelines established for bald eagle
management in the Horse Butte area.  Such an exemption should NOT be
granted. The well-being of bald eagles on our public lands should be
given much higher priority than the well-being of cattle.

The proposed project goes against both the Montana Bald Eagle Management
Plan and the Greater Yellowstone Bald Eagle Management Plan which
stipulate that no permanent development should occur within 1/4 mile of
a nest site.  The proposed project therefore requires either formal
modification of both plans, or compliance with them.  You are proposing
neither.

A review of the impact of the proposed capture facility on bald eagles
is necessary in order to evaluate the proposal.  If the U.S. Fish and
Wildlife Service has not conducted such a review, it should before any
further steps are taken.  If such a review has been conducted, it must
be made available to the public for consideration before any decision is
made.

Bald eagles use the proposed capture facility site not only during
nesting, but also during other times of the year.  I saw a bald eagle in
the immediate area of the proposed facility just a few days ago, i.e.,
November 11, 1998.

The U.S. Forest Service should not ignore guidelines to protect a
federally important wildlife species simply so that the "DOL can meet
its objectives for capturing and testing bison on National Forest
lands."  Instead, the DOL should revise its objectives.

There is absolutely no need to capture and test Yellowstone bison for
brucellosis in order to maintain Montana's brucellosis-free status.
Much more cost-effective approaches are available, and should be
pursued.  To begin with, all cattle grazing allotments on Forest Service
lands close to the West boundary of Yellowstone National Park, including
the one on Horse Butte, should be canceled.

If disease management is the real objective, Horse Butte, being a
peninsula, and therefore surrounded on three sides by water, is the
ideal destination for bison leaving Yellowstone on the West side.
Instead of harassing buffalo on this land, they should be welcomed
there.

LONG-TERM PERMIT:

Issuing a permit to operate a capture and holding facility for 10 years
would pre-judge the outcome of the ongoing NEPA process related to
Yellowstone bison, and would constitute a pre- decisional action.
Should the Forest Service choose to pursue this permit at this time, it
can expect litigation.  The Gallatin Forest management seems
particularly prone to take actions which are obviously illegal and which
compel environmental and other organizations to take costly and time
consuming actions to prevent these from being implemented.  This is not
acceptable and will be brought to the attention of already interested
members of Congress.

Finally, the Gallatin Forest management has given the public less than
two weeks to comment on this significant proposed action.  This is
clearly inadequate time to expect the public to respond, and does little
to improve your already poor public image.


Sincerely,





 Mr. Dave Garber, Gallatin Forest Supervisor, Bozeman, Montana
Our web pages are being updated ...
http://www.wildrockies.org/buffalo


It is time to rally Buffalo allies before the killing begins again!
Please pass this update on to 7 friends and if you receive this, please
subscribe to stay updated (2-3 updates per month)




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