FWS: Grizzly Bears to Remain Protected Under Endangered Species Act

All grizzly bears in the Lower 48 United States would be federally managed as a single population under a proposed U.S Fish and Wildlife Service rule released on Wednesday.

That DPS, or distinct population segment, would retain the grizzly’s threatened status under the Endangered Species Act and reject petitions from the states of Montana, Idaho and Wyoming to delist the bears. In its Wednesday announcement, FWS said it found the states’ petitions “not warranted” for the two largest concentrations of grizzlies surrounding Yellowstone National Park and Montana’s Northern Continental Divide Ecosystem.

“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 (distinct population segments),” the FWS announcement stated. 

The decision precedes a formal publication of the rule in the Federal Register, expected by Thursday. That in turn triggers a 60-day public comment period. Public meetings on the proposed rule will take place in Missoula, Coeur d’Alene, Idaho and Cody, Wyoming later in the next few weeks (see schedule below).

“This reclassification will facilitate recovery of grizzly bears and provide a stronger foundation for eventual delisting,” FWS Director Martha Williams said in a statement on Wednesday. “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.”

The rule comes after FWS postponed a decision on grizzlies slated for last July.

Montana Gov. Greg Gianforte on Wednesday accused President Joe Biden of embracing “a scorched earth policy on his way out the door” with the grizzly decision.

“Joe Biden continues to show contempt for the law and the American people,” Gianforte said in a statement released minutes after the FWS announcement. “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.”

Grizzly protection advocates were pleased with the decision.

“I’m relieved that the Fish and Wildlife Service found that grizzly bears still need Endangered Species Act safeguards,” said Andrea Zaccardi, carnivore conservation program legal director at the Center for Biological Diversity. “With ongoing federal protections, grizzlies in the Northern Rocky Mountains and North Cascades will have a real chance at long-term recovery, instead of being gunned down and mounted on trophy walls.”

Gianforte and Wyoming Gov. Mark Gordon each petitioned FWS to delist grizzly bears and turn the animals over to state management in 2021. Idaho Gov. Brad Little sent a separate petition asking for all Lower-48 grizzlies to be delisted.

In September, Montana Fish, Wildlife and Parks Director Dustin Temple approved a 326-page plan for managing grizzlies in the state, including how the agency will handle conflicts between bears and people and a path to a future trophy hunt for grizzlies. The month before, FWP biologists translocated two NCDE grizzlies to the Greater Yellowstone Ecosystem as a demonstration project to improve genetic diversity in the separated populations. 

That lack of connectivity and genetic strength has been a major concern for grizzly recovery experts. Shifting from six isolated recovery areas to a single region offers a better way to manage the species’ geographical needs, protection advocates said.

“Looking at the new map and how it’s structured, this is what conforms to the best available science,” said Mike Bader, an independent bear researcher in Missoula with the Flathead Lolo Bitterroot Citizen Task Force, which has pushed for grizzly and wolf protection. “We need to have one unified Northern Rockies grizzly population and one unified grizzly recovery plan. It reflects the reality of the abundance of new science in the past 10 years.”

But it also frustrates livestock producers and other stakeholders seeking removal of federal grizzly protections. As the bears have increasingly explored habitat outside their recovery areas, they have encountered many more conflicts with ranchers, hunters and others in places where grizzlies were rarely seen over the past half-century.

“For more than 50 years, ag producers and livestock users have been committed to the delisting of the grizzly bear,” Montana FWP Director Christy Clark said on Wednesday. “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.”

Western Landowners Alliance CEO Lesli Allison observed that the grizzly proposal showed increased flexibility for state wildlife agencies to address human safety and livestock depredation concerns. But she added the plan may not go far enough.

“The reality is that grizzly bears are increasing in population and expanding in range well beyond original recovery targets,” Allison said in a Wednesday statement. “While grizzly bear recovery is widely celebrated as a success, the moving goalposts for delisting are a source of deep frustration for many in the region. People who live and work in recovery areas continue to experience increasing conflicts, safety concerns and disproportionate economic costs. It is imperative that state wildlife agencies, communities and landowners have both the flexibility as well as the tools and financial resources to manage this growing population and these challenges.” 

In 1975, grizzly bears in the Lower 48 states were the eighth creature given protection under the new Endangered Species Act, which was passed in 1973. While grizzlies in Alaska were prolific at the time, populations south of the Canadian border were estimated to be fewer than 600 bears. 

Historically, about 50,000 grizzly bears were believed to roam the western U.S. between the Mexican and Canadian borders. Nearly all of those bears were killed by the 1950s through conflicts with livestock ranchers and habitat destruction. By the 1960s, the only remaining strongholds were in national parks and remote corners of Montana, Wyoming, Idaho and Washington. 

After decades of protection from unauthorized killing, two core populations of grizzlies now total about 2,000 bears, combined. The Greater Yellowstone Ecosystem surrounding Yellowstone National Park and parts of Montana, Wyoming and Idaho has approximately 1,000 grizzlies. The Northern Continental Divide Ecosystem, extending from Glacier National Park south through the Bob Marshall Wilderness Complex entirely in Montana, has roughly another 1,000 bears. 

Four other recovery areas harbor much smaller numbers of grizzlies. The Cabinet-Yaak Ecosystem in northwest Montana contains about 65 bears, while Idaho’s Selkirk Ecosystem has an estimated 100 bears. Both recovery areas extend across the Canadian border into British Columbia. 

The other two recovery areas have essentially no grizzlies. The Bitterroot Ecosystem on the Montana-Idaho border has reported several grizzlies passing through its boundaries, but there’s little evidence that any are permanently residing or raising cubs there. And the North Cascades Ecosystem in Washington and British Columbia hasn’t had a confirmed U.S. sighting of a grizzly since 1996. The NCE is in the process of starting a grizzly transplant program of up to 25 bears. 

FWS will present more details about the decision at several public meetings later this month. They include: