Ken Salazar, Secretary of the Interior, is flying to Montana on Monday, April 2, to meet with Governor Schweitzer at the Bison Containment Facility on the Fort Peck Indian Reservation.  The publicity stunt by Secretary Salazar and Governor Schweitzer will be to sell the public on the grand scheme of introducing free roaming bison to Eastern Montana.
It appears, out of the 68 bison shipped from Yellowstone National Park, that only approxamtly 54 remain as of last count. We urge our members to attend this event. The Containment Facility is located on Block 17, Township 3 North, Range 49 East.
Directions to the event:

• Travel north out of Wolf Point on Hwy 13 to mile marker 23.
• Turn right (east) onto County Road #172042 and travel 5.8 miles.
• Turn right (south) onto a dirt road and continue half a mile to Containment Facility.

CBU will continue to keep our members and supporters informed, as further information is obtained.  We appreciate your support of the folks in eastern Montana in their struggle to defend their private property against the re-introduction of free roaming bison.

Despite the injunction order signed this morning at 8:30AM, FWP loaded and shipped 4 additional bison to the Fort Peck Reservation today. The transport truck was stopped in route at some point but the shipment continued after reports were received that indicated one of the 4 bison was experiencing stress.

CBU filed the action below with the court to inform Judge McKeon of these recent turn of events and the violation of his order. Latest news reports the 4 bison have arrived in Fort Peck at this time.

Several questions need to be answered including why only 4 bison in this latest shipment. Were these 4 bison healthy enough to ship? What is the condition of all the bison at this time? Why did the shipment occur with a signed injunction in place?
And how about “Who made the decision to ship these bison without public notice or informing the FWP Commission of the MOU or transport plan?”

Attorney at Law, L.L.C.

1 South Montana Avenue

P.O. Box 866

Helena, MT 59624-0866

W: (406) 449-3118

F: (406) 449-0677

John E. Bloomquist

Rachel A. Kinkie

Doney Crowley Payne Bloomquist P.C.

Diamond Block, Suite 200

44 West Sixth Avenue

P.O. Box 1185

Helena, MT 59624

Tele.:    (406) 443-2211

Fax:      (406) 449-8443

Emails: jbloomquist@doneylaw.com 

            rkinkie@doneylaw.com 

Attorneys for Plaintiffs

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, BLAINE COUNTY

COMES NOW the Plaintiffs in the above-captioned case, by and through their under-signed Counsel, to provide notice to the Court of the following:

On March 22, 2012 at approximately 12:20-12:30 pm, Counsel for FWP informed Counsel for Plaintiffs that a shipment of four (4) bison from Corwin Springs quarantine area to the Ft. Peck bison holding facility was en route, despite this Court’s Temporary Restraining Order against such shipments.

            Both attorneys attempted to contact the Court on a conference phone in order to inform Judge McKeon of this event, but were unable to reach him.

            During two phone calls on the bison movement, Counsel Swanson asked Defense Counsel to contact the truck(s) hauling the bison and turn them around. Defense Counsel responded that FWP was unable to do that because the truck(s) were under the control of Ft. Peck Reservation personnel and/or federal employees of the Animal and Plant Health Inspection Service (APHIS), and that FWP did not have the authority or control to turn the truck around. Defense Counsel declined during the phone calls to ask the personnel hauling the bison to stop and turn around.

            The underlying facts and conversation is relayed in the attached Affidavit of Cory Swanson.

            Both attorneys committed to contacting the Court of this event.

Respectfully submitted this 22nd day of March, 2012.

__________________________________

Cory J. Swanson

John Bloomquist

Rachel Kinkie

Attorneys for Plaintiffs

 CERTIFICATE OF SERVICE

            I hereby certify that a true and correct copy of the foregoing Notice of Bison Shipment was served via U.S. mail, first-class postage prepaid, and faxed to the Clerk of District Court, Blaine County, on this 22nd day of March, 2012, upon the following:

Rebecca J. Dockter

Montana Department of Fish, Wildlife and Parks

Legal Unit

1420 East Sixth Avenue

PO Box 200701

Helena, MT 59620

                                                                              _________________________________

Cory J. Swanson

Attorney at Law, L.L.C.

1 South Montana Avenue

P.O. Box 866

Helena, MT 59624-0866

W: (406) 449-3118

F: (406) 449-0667

RACHEL A. KINKIE

Doney, Crowley, Payne, Bloomquist P.C.

P.O. Box 1185

Helena, MT 59624

W: (406) 443-2211

F: (406) 449-8443

Attorneys for Plaintiffs

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, BLAINE COUNTY

Lewis & Clark County, State of Montana

1. Comes now Cory Swanson and declares under oath:
2. I was working in a conference room at a law firm in Helena, Montana with Co-Counsel Rachel Kinkie when I received a cell phone call from Defendant FWP Counsel Rebecca Jakes Dockter at approximately 12:20-12:30 pm on March 22, 2012. Ms. Dockter informed me that there was one or more trucks hauling four bison from the Corwin Springs quarantine facility to the Ft. Peck Reservation.
3. Ms. Dockter acknowledged she was aware of this Court’s TRO on March 22, 2012, but she informed me believed the shipment had departed from Corwin Springs before the FWP received notice of the TRO. It was FWP’s legal position that the shipment of March 22 was not a violation of the Court’s restraining order.
4. I placed the phone on speaker mode so Co-Counsel Kinkie could hear the conversation. I informed Ms. Dockter that the Plaintiffs’ legal position was that the shipment did in fact violate the Court’s TRO, specifically paragraph 2, which I then read to her at that time or at a later point in the conversation. I asked Ms. Dockter to contact the truck(s) and tell them to turn around and return to Corwin Springs.
5. Ms. Dockter stated the trucks were no longer under FWP control because they were under Ft. Peck Tribal control, though she acknowledged the trucks were not at that time on the Ft. Peck Reservation.
6. Ms. Dockter and I tried to contact Judge McKeon by conference call at that time, but were unable to reach him. We agreed to talk again.
7. During a second phone call, Ms. Dockter stated she had intermittent phone contact with an employee of the Animal & Plant Health Inspection Service who was in the truck. She believed they were somewhere near Terry, Montana. I informed Ms. Dockter that Terry was a long way from Ft. Peck, and they should turn around and return to Corwin Springs. Ms. Dockter stated she did not know if the APHIS personnel would agree to turn around because they were worried about the trauma a lengthy trip would have on one of the bison – a pregnant cow.
8. I asked Ms. Dockter if FWP had specifically asked the APHIS or other truck personnel to turn around and return to Corwin Springs. Ms. Dockter stated she had not so asked, and she would not commit to requesting that action.
9. After offering multiple alternatives to Ms. Dockter to stop the shipment, including the County Sheriff, the National Guard, and a phone call to Senator Baucus to contact the head of APHIS, I told her our position remained that the movement under way violated the Court’s order restraining such movements, and I would notify the Court.
10. During the phone call, I asked Ms. Dockter if she recalled that I had informed her on Tuesday, March 20th that I was filing a second Motion and Application for a TRO in the Court, and why she did not inform me at that time that there were four more bison to be shipped from Corwin Springs. Ms. Dockter stated she did recall my notifying her of the TRO Application, and that at the time of the call she was unaware that there were four additional bison to be shipped. She stated she was unaware of the shipment until after it had departed.

So I swear to the best of my recollection.

                                                                                    _______________________

                                                                                                Cory J. Swanson

                                                                                                Helena, Montana

                                                                                                March 22, 2012

The illegal relocation of bison from Corwin Springs to the Fort Peck Reservation is more than just a few bison being moved to the control of the tribes. This is the first step as stated by Secretary of Interior Ken Salazar to establish free roaming bison to the Eastern Montana landscape. To these people wanting to let diseased bison roam free, private property means absolutely nothing. Bison and wolves are the new found tools to force people off the land.

Numerous past occurrences of bison leaving the reservations in search of food during the winter have caused thousands of dollars of property damage. Bison on roadways endanger lives. The FWP under the direction of Governor Schweitzer have moved these bison in violation of state law and SB 212. Was the oath of office taken by our current governor just a matter of discretion as to what laws he follows?

Our Governor boasted to a trial attorney association meeting in Pennsylvania a few years back about how he manipulated and fixed the election for Senator Tester.

Our Governor told the Environmental Quality Council how he was going to take private property by eminent domain for expansion of the bison out of Yellowstone Park.

Our Governor is desperate for a legacy and come hell or high water he is bound and determined to establish free ranging bison in Montana. His actions of moving these bison without public notice and without a FWP Commission review of the MOU with the tribes is wrong. Please let your voice be heard on this important issue.

We need all the help we can get. The recent relocation of Yellowstone bison illegally by FWP & Governor Brian Schweitzer to Fort Peck urgently needs your input on this situation. PLEASE,PLEASE, make phone calls, send E-mails. Bombard these commission members with your opposition to this matter. Your input really does matter.

The Fish Wildlife and Parks director is Joe Maurier phone (406)444-3186  

or e-mail:  

jmaurier@fwp.mt.gov  

Chairman of the Fish Wildlife and parks commission Bob Ream from Helena. His E-mail address is BobReam@mt.net ; Phone(406)461-3202. 

Vice chairman-Dan Vermillion from Livingston(406)222-0624 

Ron Moody from Lewistown (406)538-2698 

Shane Colton from Billings (406)259-9986 

E-mails for commission members can be sent to Fwpcomm@mt.gov  

Please, I urge you to get in contact with these people, let them know where you stand on this subject. Protect your private property rights. Our entire livelyhoods depend on this. If agriculture is pushed out by this move, it’s going to hurt the entire economy in the state of Montana and beyond. Call and Email these contacts as many times as you please!!!!! Thank you. Please forward this Email to as many people as you can think of.

Director Maurier and Governor Schweitzer have been successful in avoiding our injunction to stop the transport of bison to the Fort Peck Reservation. The agreement signed on Friday with the tribes (see below) was the first step in avoiding the injunction. The bison were loaded in trailers Monday morning with the final truck and trailer leaving the holding facility at noon.

This quick action by Maurier and the Governor was intended to avoid the injunction.

CBU filed action against Maurier, the FWP and Governor Schweitzer to stop this relocation attempt until compliance with SB212 was obtained and a state wide bison management plan was completed. FWP has refused to complete a state wide bison management plan but instead have decided they are above the law.

The bison now on the reservation makes our case more difficult as the reservation comes under federal jurisdiction. Our attorneys are reviewing the situation and we will provide further information soon on how CBU will proceed.

Here are a couple questions for our members and supporters to think about.

• Should this action by the Governor be considered a violation of his oath of office by violating state law and SB212?
• Because of the Governor’s actions in violating state law, would a recall petition be appropriate or successful?

Senator John Brenden will be on Voices of Montana this morning. Tune in this morning to hear more on this bison relocation issue. 
 

 FPT agrees to protect, defend, and save MFWP and its elected and appointed officials, agents, and employees, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, against MFWP and their elected and appointed officials, agents, and employees on account of bodily or personal injuries, death, or damage to property arising out of the negligent acts or omissions of FPT.

MFWP agrees to protect, defend, and save FPT and its elected and appointed officials, agents, and employees, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, against FPT and its elected and appointed officials, agents, and employees on account of bodily or personal injuries, death, or damage to property arising out of the negligent acts or omissions of MFWP

F)     Liaison and Service of Notices

Unless otherwise designated by the FPT Chairman and the Director of MFWP, the liaisons for day-to-day implementation of this MOU shall be the FPT Fish and Wildlife Director and the MFWP Region 6 Bureau Chief. All written notices, reports and other information required to be exchanged between the parties must be directed to these persons, with copies to the FPT Chairman and the Director of MFWP.

Execution

The parties through their authorized agents have executed this MOU on the dates set out below.

for

__________________________                   Date: ____March 16, 2012________

Joe Maurier, Director

Montana Fish, Wildlife and Parks

PO Box 200701                                                         

Helena, MT 59620                             

______________________________            Date: ____________

Floyd G. Azure, Chairman

Fort Peck Tribal Executive Board

PO Box 1027

Poplar, MT 59255

Montana Fish, Wildlife & Parks (MFWP) and the Assiniboine & Sioux Tribes of the Fort Peck Reservation (FPT), as parties of the aforementioned MOU, recognize and agree that of the 64 QFS bison being transferred to FPT, half of the animals, or up to 32 bison, are to be further transferred to the Gros Ventre & Assiniboine Tribes of the Fort Belknap Reservation (FBT).

This transfer will take place as soon as is practical, following MFWP’s indication that adequate facilities are in place on the Fort Belknap Reservation to receive QFS bison.

MFWP will assist FPT in securing resources for feeding FBT-bound bison during this interim period.

FPT will provide care for FBT-bound bison according to the terms of the aforementioned MOU, and will assist MFWP in selecting for transfer half of the animals, or up to 32 bison, that are balanced for age and gender between the two groups.

for

_____________________________             Date: _March 16, 2012___________

Joe Maurier, Director

Montana Fish, Wildlife and Parks

PO Box 200701                                                         

Helena, MT 59620                             

______________________________            Date: ____________

Floyd G. Azure, Chairman

Fort Peck Tribal Executive Board

PO Box 1027

Poplar, MT 59255