On Jan. 8, the U.S. Fish and Wildlife Service (FWS) announced a new and comprehensive approach to long-term grizzly bear recovery in the lower 48 states.
According to a FWS release, the proposed rule would 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 FWS release also states the 4(d) Rule revisions to the current protective regulations will provide additional management flexibility for authorized agencies and individuals experiencing conflicts with grizzly bears.
Livestock producers represented by the National Cattlemen’s Beef Association (NCBA) and the Public Lands Council (PLC) reacted to the announcement.
“This proposed rule and rejected delisting petitions do nothing other than move the goal posts for species recovery and deny sound science,” said NCBA Director of Government Affairs and PLC, Garrett Edmonds, in a statement. “It is disappointing to see the Fish and Wildlife Service create a single Distinct Population Segment that spans four states, millions of acres, and multiple areas where the science already shows that grizzly bears have recovered.”
Edmonds continued, “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. By creating this brand new barrier to recovery, the Biden Administration is further weaponizing the Endangered Species Act and aiming it directly at rural communities on their way out the door.”
In May 2023, the state of Idaho sued the Biden Adminstration over its decision not to delist grizzly bears.
“We see the need to manage wildlife at the state level,” says Cameron Mulroney, Idaho Cattle Association Executive Vice President. “The bears have met their objectives for recovery and should be delisted, however we have seen litigation each time the Service has attempted to do so.”
Mulroney says the conflict between bears, humans and livestock has escalated in recent years.
“We would encourage the service to delist rather than change the goal posts,” Mulroney says.
The Service invites public comments on the proposed rule to designate a single DPS and the associated 4(d) revision during a 60-day comment period. These proposed actions will appear in the Federal Register on Jan. 15, 2025. Once published, the 60-day public comment period will be open from Jan. 15 through March 17. Following the closure of the public comment period, the Service will review and address comments before publishing a final rule, which is expected by January 2026.
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.
Key Takeaways:
- Grizzly bears were listed under the ESA in 1975 throughout the lower 48 states, including areas outside the historical range of grizzly bears.
- The new rule establishes a single DPS encompassing all six recovery zones over four states.
- FSW recognizes Grizzly bear distribution has significantly expanded.
- The new 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.
- FWS responded “non warranted” to petitions from Montana and Wyoming to establish and delist DPSs for the Northern Continental Divide Ecosystem and Greater Yellowstone Ecosystem.
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