by Michael Howell
The U.S. Fish and Wildlife Service is seeking public comment on a proposed rule clarifying the geographic area where grizzly bears in the lower 48 states are subject to protection under the Endangered Species Act. The agency has also proposed revisions to the current protective regulations to provide additional management flexibility for authorized agencies and individuals experiencing conflicts with grizzly bears. Accompanying the proposals the agency has also published an independently peer-reviewed updated Species Assessment (https://iris.fws.gov/APPS/ServCat/DownloadFile/266676) that compiles the best available scientific information to help 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.”
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 comes in response to petitions from the states of Idaho, Montana, and Wyoming to establish DPSs and delist grizzlies for the Northern Continental Divide Ecosystem and Greater Yellowstone Ecosystem, respectively, and finds these petitioned actions “not warranted.” The agency claims that after a thorough review of the best scientific and commercial data available, it found grizzly bear populations in those two ecosystems do not, on their own, represent valid DPSs.
Agency officials believe that establishing a single DPS encompassing all six recovery zones will provide a comprehensive and scientifically based framework for recovery. They state that 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,” it states in their announcement. “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.”
According to the agency, “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 public is invited to comment 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. More information on the proposed rule (including supporting materials) and how to participate in the public comment process, can be found on the project’s webpage at https://www.fws.gov/grizzlyrulemaking.
Montana’s U.S. Senator Steve Daines responded to the agency’s proposal in a news release stating, “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 Montana communities at risk. This is a shameful partisan play, and I’ll be pushing back every step of the way.”
Mike Senatore, Senior Vice President of Conservation Programs for Defenders of Wildlife, released a statement saying, “The NCDE and GYE grizzly bear populations have both come a long way since their listing in 1975, but both have farther to go. Defenders is pleased that this species remains listed under the ESA, and that USFWS is cognizant of the work that still needs to be done to ensure resilient, connected grizzly bear populations into the future. As with all decisions of this nature, however, the devils are in the details, and we look forward to examining them closely.”
“Grizzly bears on the brink of extinction were one of the main drivers behind Greater Yellowstone Coalition’s founding over 40 years ago,” said Executive Director Scott Christensen. “Thankfully, grizzlies are no longer on the brink, but the decision to maintain protections for bears demonstrates more work remains. Our goal is to ensure that any future transition to state management maintains and builds upon this conservation success long into the future… While living with grizzly bears isn’t always easy, we know that management policies driven by wildlife experts, not politicians, can create the conditions that allow people and bears to thrive on shared landscapes. Today’s announcement acknowledges the challenges grizzly bears still face, and at the same time provides an opportunity to achieve meaningful recovery while employing more tools for people living alongside bears.”