The U.S. Fish and Wildlife Service today denied petitions from Montana and Wyoming to remove Endangered Species Act protections from grizzly bears. At the same time the agency issued a proposed rule that would change the management approach to grizzly bear recovery.
The Service is proposing a rule to clarify the geographic area where grizzly bears in the lower 48 states are subject to protection under the Endangered Species Act. The Service also proposes revisions to the current protective regulations to provide additional management flexibility for authorized agencies and individuals experiencing conflicts with grizzly bears.
“This reclassification will facilitate recovery of grizzly bears and provide a stronger foundation for eventual delisting,” said Martha Williams, U.S. Fish and Wildlife Service Director. “And the proposed changes to our 4(d) rule will provide management agencies and landowners more tools and flexibility to deal with human/bear conflicts, an essential part of grizzly bear recovery.”
Response to Decision
However, Montana Senator Steve Daines slammed the decision by the Biden Administration. “Today’s announcement is incredibly frustrating for Montana,” Daines said. “For decades, Montana has followed the science and as a result, the bear has more than recovered in the Greater Yellowstone and the Northern Continental Divide Ecosystems. Continuing to move the goalposts on recovery is only harming the bear and putting our Montanan communities at risk. This is a shameful partisan play, and I’ll be pushing back every step of the way.”
Senator Daines’ Office provided a timeline of the Endangered Species listing of grizzly bears and the resulting actions that have been taken over the last 50 years.
Timeline of Federal Grizzly Bear Actions and Events
- 1975: Grizzlies are listed as a threatened species in the Lower 48 under the Endangered Species Act. Management authority transferred from states to USFWS for recovery
- Estimated size of GYE population: 136. Estimated size of NCDE population: fewer than 200.
- 1982: USFWS establishes Grizzly Bear Recovery Plan.
- 1993: USFWS updates the Grizzly Bear Recovery Plan, outlining population objectives for six recovery areas, four in Montana.
- 2003: GYE population reaches recovery goal of 500 bears.
- 2004: U.S. Geological Survey estimates the NCDE population at 673 bears, exceeding the recovery goal of 500.
- 2006: USFWS revises Grizzly Bear Recovery Plan.
- 2007: USFWS delists grizzlies in GYE.
- 2009: Federal court puts GYE grizzlies back on the endangered species list.
- 2010: USFWS appeals relisting, maintaining that GYE bears are recovered.
- 2011: More than 800 grizzlies are estimated to live in the NCDE.
- 2017: GYE population reaches 700 bears, 40% above recovery goal. USFWS delists GYE grizzlies for a second time.
- 2018: Federal court puts GYE grizzlies back on the endangered species list. USFWS declares the NCDE population recovered but decides not to delist due to federal court ruling on GYE population earlier that year.
- 2022: GYE population reaches 965. NCDE population reaches 1,138.
- 2023: USFWS announces that its again considering removing NCDE and GYE populations from the threatened species list. GYE population reaches 1,030. NCDE population reaches 1,163.
Montana Governor Greg Gianforte condemned the decision saying, “The full recovery of the grizzly bear across the Rocky Mountain region should be acknowledged and celebrated – period. It’s time for U.S. Fish and Wildlife Service to catch up with the science, follow the law, and return management of grizzlies to the states, where it belongs. We look forward to working with the incoming Trump administration to explore a new path forward.”
“For more than 50 years, ag producers and livestock users have been committed to the delisting of the grizzly bear,” FWP Director Christy Clark said. “I thank them for the efforts. FWP will remain diligent in the continued recovery of the species to ensure the future viability of grizzlies in Montana. It’s beyond time for the federal government to recognize the science and follow the law. FWP and our partners have proven we are ready to manage this species at a state level. We will be exploring all our options to move forward.”
Distinct Population Segment
Grizzly bears were listed under the ESA in 1975 throughout the lower 48 states, including areas outside the historical range of grizzly bears. The Service’s proposed rule would revise that listing to establish a single distinct population segment (DPS) encompassing areas in Idaho, Montana, Washington, and Wyoming, where suitable habitat exists and where grizzly bears currently reside or are expected to establish as populations recover. The grizzly bear DPS would retain threatened status under the ESA. The proposed action removes ESA protections outside the newly proposed DPS, where grizzly bears do not occur and are not expected to inhabit in the future.
The proposed action is a first step towards fulfilling a settlement agreement with the state of Idaho requiring an evaluation of the grizzly bear listing in the lower 48 states by January 2026.
In a press release, the Service addressed the petition from Montana and Wyoming saying, “With today’s announcement, the Service also responds to petitions from the states of Montana and Wyoming to establish and delist DPSs for the Northern Continental Divide Ecosystem and Greater Yellowstone Ecosystem, respectively, and finds these petitioned actions “not warranted”. After a thorough review of the best scientific and commercial data available, the Service found grizzly bear populations in those two ecosystems do not, on their own, represent valid DPSs.”
Grizzly bear populations are now geographically closer to each other than ever, and the Service has documented grizzly bear movement between some populations. The Service says “this increased movement of grizzly bears illustrates the success of conservation and management efforts to date while highlighting the importance of establishing and maintaining conservation measures and management practices that foster continued movement of bears.”
4(d) Rule
The Service’s proposed 4(d) rule will revise the existing rule to give management agencies and landowners greater flexibility and tools to take bears in the context of research and conflict management.
The Service acknowledges, grizzly bear expansion is challenging for local communities and working lands, and the Service is committed to a collaborative approach and helping partner agencies, private landowners, and livestock producers by providing additional management tools.
Management tools can be implemented along with important safeguards to promote connectivity and resiliency that are necessary for delisting. The proposed 4(d) rule recognizes the need for added flexibility and responsiveness on private lands and areas where grizzly bear populations are impacting private landowners and livestock producers while continuing efforts to promote conservation in areas crucial to the eventual delisting of grizzly bears in the lower 48 as a whole.
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FWS/Sen. Steve Daines/Gov. Greg Gianforte/Northern Ag Network
This only a land grab by the Service. I expect nothing less of Director Williams. She did nothing while in Montana except give NGOs the ability to profit and be a pain in the back side to landowners. Her last several weeks, as Director, were spent in Africa and had no intention in resolving this 50 yr old management Failure. It’s only in government that one can procrastinate in a position and break their arm patting themselves on the back on a job well done. The challenge now is to keep the bears off private property.