Protections Maintained: FWS upholds ESA listing of GYE grizzly bear and proposes management updates

On Jan. 8, the U.S. Fish and Wildlife Service (FWS) announced grizzly bears in the Greater Yellowstone Ecosystem (GYE) will remain listed as a threatened species under the Endangered Species Act (ESA), denying petitions from Wyoming and Montana to remove the species from the ESA.

At the same time, the agency issued a proposed rule to increase management flexibility and allow state wildlife agencies to better address human safety and livestock depredation.

“FWS is proposing a rule to clarify the geographic area where grizzly bears in the lower 48 states are subject to protection under the ESA,” reads the press release. “FWS also proposes revisions to the current protective regulations to provide additional management flexibility for authorized agencies and individuals experiencing conflicts with grizzly bears.”

Additionally, FWS announced it will publish an “updated, independent peer-revied species status assessment to compile best available science to help inform further decision-making.”

“This reclassification will facilitate recovery of grizzly bears and provide a stronger foundation for eventual delisting,” says FWS Director Martha Williams. “And the proposed changes to our 4(d) rule will provide management agencies and landowners more tools and flexibility to deal with human and bear conflicts an essential part of grizzly bear recovery.” 

Distinct population segment

According to FWS, grizzly bears were originally listed under the ESA in 1975 in the lower 48 states with six recovery zones outlined in the nation’s northwestern most corner.

Through continued conservation and management efforts from federal, state and Tribal partners, as well as significant sacrifices made by private landowners, grizzly bear populations in the area have rebounded and expanded their territory, blurring the lines of individual recovery zones.

Because of this, the FWS’s newly proposed rule would revise the ESA listing to establish a single, large distinct population segment (DPS), encompassing all six recovery areas across Idaho, Montana, Washington and Wyoming.

The proposed rule indicates grizzlies within this DPS would retain threatened status protections under the ESA, while protections would be removed for bears outside of the DPS, where FWS notes “grizzly bears do not occur and are not expected to inhabit in the future.”

“Establishing a single DPS encompassing all six recovery zones will provide a comprehensive and scientifically-based framework for recovery,” FWS claims. “We also recognize recovery of small and extirpated populations relies on contributions from highly-resilient populations. Maintaining all recovery zones together in one DPS will increase the speed of recovery in remaining ecosystems and the overall viability of grizzly bears, increasing the likelihood of successfully delisting the entire DPS by addressing the species’ recovery needs as a whole.”

The 4(d) rule

Additionally, FWS’s proposal includes revisions to the 4(d) rule, “giving management agencies and landowners greater flexibility and tools to take bears in the context of research and conflict management.”

“Grizzly bear expansion is challenging for local communities and working lands, and FWS is committed to a collaborative approach and helping partner agencies, private landowners and livestock producers by providing additional management tools,” reads the agency’s press release.

“Management tools can be implemented along with important safe-guards to promote connectivity and resiliency which 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,” it continues.

Shared frustration

Following the agency’s announcement, Wyoming Gov. Mark Gordon and Montana Gov. Greg Gianforte voiced their shared frustration.

“It has always been clear the Biden administration had no intention of delisting the GYE grizzly bear,” Gordon says. “This latest move to keep a fully-recovered population on the ESA and eliminate the DPS confirms this decision is driven by politics and not biology.”

“The GYE grizzly bear has been delisted twice. Population determinations should not be made whimsically. The lower 48 management approach is not scientifically based,” Gordon adds. “I remain committed to working on delisting grizzly bears in Wyoming and will consider multiple avenues to do so.”

He continues, “I look forward to working with the Trump administration, Department of Interior Secretary Nominee Doug Burgum and Congressional leaders on delisting the GYE grizzly, as well as on reforming the broken ESA, which has lost its focus on species recovery and returning wildlife to state management.”

Gianforte also condemned the decision, stating, “The full recovery of the grizzly bear across the Rocky Mountain region should be acknowledged and celebrated – period. It’s time for FWS 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.”

Other individuals and organizations have expressed their frustration with the decision as well.

“Today’s announcement is incredibly frustrating for Montana,” notes Sen. Steve Daines (R-MT). “For decades, Montana has followed science, and as a result, the bear has more than recovered in the GYE and the Northern Continental Divide Ecosystem. 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.”

Lesli Allison, chief executive officer of the Western Landowners Alliance, reiterates this sentiment.

“The reality is grizzly bears are increasing in population and expanding in range well beyond original recovery targets,” Allison says. “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.”

The National Cattlemen’s Beef Association (NCBA) and Public Lands Council (PLC) also denounced the FWS’s announcement.

In a Jan. 8 statement, PLC Director and NCBA Director of Government Affairs Garrett Edmonds comments, “This proposed rule and rejected delisting petitions do nothing other than move the goal posts for species recovery and deny sound science. It is disappointing to see FWS create a single DPS spanning four states, millions of acres and multiple areas where the science already shows grizzly bears have recovered.”

“Combining multiple distinct ecosystems into one giant population segment for a solitary, apex predator further muddies the waters of what species recovery looks like and only makes it harder for recovered species to be delisted in the future,” he concludes. “By creating this brand-new barrier to recovery, the Biden administration is further weaponizing the ESA and aiming it directly at rural communities on their way out the door.”

Hannah Bugas is the managing editor of the Wyoming Livestock Roundup. Send comments on this article to roundup@wylr.net.