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To: Mr. Gregory Sheehan, Deputy Director, U.S. Fish & Wildlife Service, Washington D.C. 

Dear Mr. Sheehan:

I am contacting your office regarding misuse of federal funds to the Montana Department of Fish ,Wildlife & Parks under the Federal Aid in Sport Fish Restoration Act (16 U.S. C. 777-777k,64 Stat.430 as amended and the Aquatic Resources Trust Fund.( 26U.S.C.950 4a. MDFWP has been using this funding source for rotenone fish poisoning in Montana streams, lakes and rivers to restock with the hybrid strain of west slope cutthroat trout since 2003. Most of the strain is from the Anaconda fish hatchery. This effort has been occurring in Montana since 2003 with the Cherry Creek/Cherry Lake fish poisoning using rotenone and antimycin.

The entire effort is fueled by the misconception the west-slope will be listed under the Endangered Species Act. A document from the USFWS in D.C. at that time 2003 states the west-slope do not qualify under the Act and true to this day, please verify. Since 2004 MFWP has continued with the same misguided program using federal sport fisheries dollars a violation of the Law and public trust.

I am requesting a USFWS audit of FWP federal sport fisheries dollars used to destroy an existing sport fisheries resource and pollute our pristine water with this toxic pesticide under the disguise the west-slope is the Montana native fish, which in fact is the Yellowstone cutthroat trout.

Misuse of this federal sport-fisheries money by a state agency violated the law and federal funding for sport-fisheries to FWP should be curtailed under the Law until the issue is resolved. The urgency of an audit by the USFWS will prove the case against MFWP. Your office should also view the YouTube video Dead Wrong, a professional documentation of this FWP folly.

Currently FWP is planning more fish poisoning using rotenone in outstanding pristine resource water south of Anaconda in the French Creek area, including a dam. The dam requires a 404 permit by the US Corps of Engineers after a draft Environmental Impact Statement is made available for public comment. FWP is pushing ahead with a contract now to build the dam -- a clear violation of these Laws also required under the Montana Environmental Policy Act (MEPA).

At least two more poisonings are planned after the illegal dam is constructed all using sportsmen dollars, a betrayal of the trust. The Nature Neuroscience Journal has reported this extremely toxic pesticide is associated with Parkinson’s disease as well. You may have other scientific literature, please forward copies.

Rotenone kills all aquatic life including insects needed for forage for all fish including the brook trout and the native Montana sculpin. FWP has little concern for public comment not in favor of this project. That has been the FWP position since 2003 to avoid public comment. It is the funding apparatus that fuels FWP misguided effort and with no federal funds legally available under the ESA, FWP continues to use federal sportsmen dollars under the Federal Aid in Sport Fish Restoration Act, a clear violation of the trust. An audit may show FWP should repay back all the money misappropriated under the Act and personnel held accountable. A comprehensive audit of the Fisheries Division of FWP is urgently necessary today to halt this apparent illegal spending of sportsmen dollars under the Act.

I could also request pursuant to The Freedom of Information Act (FOIA U.S.C. 552, and the Privacy Act 5, U.S.C. 552) copies of USFWS documents to inspect that authorized FWP to use sportsmen dollars in 2003 to the present time under the Act to destroy the very sport fisheries resource providing sport fisheries for now and for the future. When did the USFWS authorize, if they did, FWP to use sportsmen dollars to destroy an existing sport fisheries resource that can be managed in its present form? Consider this a FOIA Request as well. I also request a waiver of all fees as the disclosure is in the public interest and affected parties. In the event the USFWS is unable to provide the information, please explain clearly why?

Montana FWP in my view has violated the public trust and provided false inaccurate information to the public to further this misguided effort. We treasure our existing wild trout fisheries in our streams, lakes and rivers in Montana. Montana can ill afford to have FWP employees on their own personal agenda to destroy our fisheries resource for personal gain. No science is used in this agenda, quite the opposite. I request and others are requesting the same for a comprehensive audit of FWP Fisheries Division using sportsmen dollars to destroy the very resource they are required to manage for the present and future under the Law. Thank you for your response.

Jack D. Jones, Butte, a Montana native, worked as a wildlife biologist in Montana for 36 years with the Bureau of Land Management.

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