U.S. Fish & Wildlife Service Maintains Federal Protection for Grizzlies, But New Rule Raises Questions on Long-Term Recovery

FOR IMMEDIATE RELEASE January 8, 2025 

Contact: Patrick Kelly, Western Watersheds Project, (208) 576-4314, patrick@westernwatersheds.org

 

Washington, D.C.—Today, the U.S. Fish and Wildlife Service (“Service”) announced that grizzly bears in the lower 48 states will remain protected as threatened under the Endangered Species Act (ESA), rejecting proposals from Wyoming and Montana to strip protections from the Greater Yellowstone and Northern Continental Divide populations. However, the plan includes limiting the geographic areas where grizzlies will be recovered and proposes revising regulations that may include a further loosening of restrictions on grizzly killing in response to livestock conflicts.  

“We’re glad to see the Service recognize the importance of maintaining federal protections, but the agency’s proposed rule to grant more “management flexibility” to livestock producers is concerning, and appears to fall short in meaningfully addressing one of the most significant drivers of grizzly bear conflicts: grazing on public lands,” said Patrick Kelly, Montana Director for Western Watersheds Project. “Moreover, drawing a line around grizzly bear recovery that excludes huge portions of historic and currently suitable habitat undermines the letter and spirit of the Endangered Species Act.” 

Today’s rule defines a new “Distinct Population Segment” (DPS) for grizzlies that limits ESA protection to just the bears found in Washington, Idaho, Montana, and Wyoming. It would strip protections from bears in the lower-48 outside of the DPS, significantly restricting the species ability to recover throughout its former range. 

“The agency’s focus on increased flexibility for states and livestock producers raises serious concerns. This often translates into more leeway and more excuses to kill bears, not fewer conflicts,” said Kelly. “Instead of doubling down on outdated, lethal management practices, the Service should prioritize non-lethal conflict prevention, habitat restoration, and the retirement of grazing allotments in key recovery areas.” 

Livestock grazing displaces grizzlies from their natural habitat, forces them into conflict-prone situations, and often results in lethal outcomes for bears. In fact, the leading cause of grizzly bear deaths in the Greater Yellowstone Ecosystem in 2024 was livestock conflict, with cattle depredations accounting for a mortality rate that is twice the 10-year average.

“The Service’s proposal kicks off a public comment period and WWP will be fully engaged in the process, working to ensure that non-lethal conflict prevention measures and the best available science are incorporated,” said Kelly. “While the grizzly bear thankfully remains federally protected, there remains a lot of work to be done to ensure meaningful, long-term recovery.”

Background:

In early 2023, the U.S. Fish and Wildlife Service (FWS) responded to state petitions by issuing a preliminary determination that grizzly bears in the Northern Continental Divide Ecosystem and the Greater Yellowstone Ecosystem might qualify for removal from the Endangered Species Act’s (ESA) list of threatened species. While the agency initially rejected Idaho’s request to delist all grizzly bears in the continental United States, it later agreed, through a court settlement, to review Idaho’s petition by January 2026.

The states of Montana, Idaho, and Wyoming have signaled their intent to manage grizzly populations at bare minimum levels, keeping populations isolated from one another. Montana’s statewide grizzly bear management plan reflects reduced tolerance for bears in certain regions and fails to prioritize natural connections between populations to support recovery. Additionally, recent laws passed by the Montana Legislature allow livestock owners to kill grizzlies deemed to be “threatening” livestock—even on public lands far from ranching operations—and legalize the use of dogs to hunt and chase black bears, a practice that significantly increases risks for grizzlies.

The leading cause of grizzly bear deaths in the Greater Yellowstone Ecosystem in 7 of the last 10 years was livestock conflict. This includes 2024, where cattle depredations accounted for a mortality rate that is twice the 10-year average. 

 

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