U.S. Fish and Wildlife Service Denies Grizzly Bear ESA Delisting 

January 8, 2025

The U.S. Fish and Wildlife Service has announced a new and comprehensive approach to long-term grizzly bear recovery in the lower 48 states and the concerns of those living with and near bears. 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. The Service is publishing an independently peer-reviewed updated species status assessment that compiles the best available scientific information, which helps to inform decision-making.

“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.”

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. 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, indicating recovery zones are no longer discrete. 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.

Establishing a single DPS encompassing all six recovery zones will provide a comprehensive and scientifically based framework for recovery. Grizzly bear distribution has significantly expanded, largely due to the commitments of state, federal, and Tribal agencies. These partners have played a key role in the on-the-ground management of grizzly bears for over 40 years by dedicating significant resources toward monitoring and management; in addition, private landowners have made sacrifices to accommodate grizzly bears. 

The Service also recognizes that 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.

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. 

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.

The Service invites public comments on the proposed rule to designate a single DPS and the associated 4(d) revision during the 60-day comment period following its publication in the Federal Register in the coming days. 

Reaction

Wyoming Governor Mark Gordon"

“It has always been clear the Biden administration had no intention of delisting the Greater Yellowstone Ecosystem grizzly bear. This latest move to keep a fully-recovered population on the Endangered Species List 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; lower-48 management approach is not scientifically based. I remain committed to working on delisting grizzly bears in Wyoming and will consider multiple avenues to do so.

Our state wildlife managers are foremost experts on this bruin – they should be at the helm of decision making that impacts the daily lives of people in Wyoming who live and work in grizzly bear country. The authority to fully manage wildlife is within the state’s purview.

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.”

Montana Governor Greg Gianforte:

“Joe Biden has embraced a scorched earth strategy on his way out the door,” Gov. Gianforte said. “He’s issued special favors to his son, banned offshore drilling, and released terrorists from Guantanamo Bay. Joe Biden continues to show contempt for the law and the American people. 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.”

Montana U.S. Senator Steve Daines:

“Today’s announcement is incredibly frustrating for Montana. 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.”

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.

USFWS invites public comments on the proposed rule to designate a single DPS and the associated 4(d) revision during the 60-day comment period following its publication in the Federal Register in the coming days. 

For more information on the proposed rule (including supporting materials) and how to participate in the public comment process, please visit the project webpage at https://www.fws.gov/grizzlyrulemaking.

Source: USFWS/Governor Mark Gordon/Governor Greg Gianforte/U.S. Senator Steve Daines