Feds: Yellowstone, Lower 48 grizzlies to remain protected by Endangered Species Act

Grizzly bears in the Greater Yellowstone Ecosystem and throughout their Lower 48 range will remain protected by the Endangered Species Act if federal wildlife managers proceed with plans announced Wednesday afternoon. 

The U.S. Fish and Wildlife Service proposal, which has been in the works for two years, means that the Northern Rockies states of Wyoming, Montana and Idaho will not gain jurisdiction over Ursus arctos horribilis in the near future, or be empowered to authorize hunting of the iconic bruins. 

Historically, the federal agency’s approach has been to delist geographically separated regions called “distinct population segments.” Going forward, all grizzlies south of Canada would instead be managed as a collective. 

“This reclassification will facilitate recovery of grizzly bears and provide a stronger foundation for eventual delisting,” U.S. Fish and Wildlife Service Director Martha Williams said in a statement. 

The plans, which are still just a proposal, would alter some current aspects of grizzly management, including added latitude for officials and members of the public to kill conflict-causing bears. 

“[T]he proposed changes to our 4(d) rule will provide management agencies and landowners more tools and flexibility to deal with human/bear conflicts,” Williams said.

For example, there would be scenarios where ranchers could legally kill grizzlies that are attacking livestock or working dogs on private land — a defense of property that’s now prohibited. The proposed rule would also allow state wildlife managers to kill conflict-causing grizzly bears without Fish and Wildlife Service approval in areas deemed less important for recovery. 

Wyoming Gov. Mark Gordon vowed to fight the proposal. 

“It has always been clear the Biden administration had no intention of delisting the Greater Yellowstone Ecosystem grizzly bear,” Gordon said in a statement. “I look forward to working with the Trump Administration, Interior Secretary nominee Doug Burgum, and Congressional leaders on delisting the GYE grizzly as well as on reforming the broken Endangered Species Act, which has lost its focus on species recovery and returning wildlife to state management.”

Although the Wyoming Game and Fish Department doesn’t have decision-making authority over grizzlies, its biologists already handle many of the on-the-ground duties — and the state’s spent north of $50 million on management to date. 

A half century of protection

Grizzly bears in the Greater Yellowstone Ecosystem have been protected under the Endangered Species Act since 1975. The population has grown steadily, achieving initial recovery goals more than two decades ago. Recently, however, grizzlies stopped expanding their range in the Yellowstone region, which remains geographically isolated — prompting Montana and Idaho to truck grizzly bears south to bolster genetic diversity. 

Twice before — most recently in 2017— the bruins were “delisted,” granting states management authority. On both occasions, lawsuits from environmental advocacy groups overturned the decisions. 

The possibility of a third attempt at delisting came about because of a Wyoming petition, which called for the Fish and Wildlife Service to delist the Yellowstone region’s 1,000-plus bears. Separately, a Montana petition asked for the agency to relinquish authority over the Northern Continental Divide Ecosystem population. 

“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 [distinct population segments],” the agency explained in a press release. 

A third petition, from Idaho, sought to delist bears across their range. The proposed rule “is a first step” towards fulfilling a settlement agreement with Idaho, the Fish and Wildlife Service announcement stated. That agreement requires the agency to complete its evaluation of the grizzly bear listing in the Lower 48 by January 2026.

Conservation response

Environmental advocacy groups around the West and country applauded Fish and Wildlife’s grizzly announcement on Wednesday. 

“Thankfully, grizzlies are no longer on the brink, but the decision to maintain protections for bears demonstrates more work remains,” Greater Yellowstone Coalition Executive Director Scott Christensen said in a statement. “Our goal is to ensure that any future transition to state management maintains and builds upon this conservation success long into the future.”

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Victor, Idaho resident Andrea Zaccardi, an attorney with the Center for Biological Diversity, said in a statement she was “relieved.” 

“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,” Zaccardi said. “Now federal agencies should focus on improving connectivity between regions and growing the small grizzly bear populations in the Bitterroots, Cabinet-Yaak and Selkirks.” 

Federal officials will publish a proposed rule formalizing their plans in the coming days. A 60-day-comment period will follow publication of the rule in the Federal Register. 

The Fish and Wildlife Service is holding a series of public meetings about its draft rule, including in Missoula, Montana, Coeur d’Alene, Idaho and Cody. The Cody meeting, set for Feb. 10 at the Holiday Inn, includes an information meeting from 3 to 5 p.m. and a public hearing from 6 to 8 p.m.