Proposed rule keeps federal protections in place for grizzly bears in Montana, Idaho, Wyoming and Washington, removes protections for the remaining Lower-48 Population 

Media Contacts

Washington, D.C. – Today, the U.S. Fish & Wildlife Service (USFWS) rejected petitions from the states of Wyoming and Montana to strip federal Endangered Species Act protections from grizzly bears in the Northern Rocky Mountains. The announcement recognizes that grizzly bears are not yet recovered in the region and need federal protection. While the agency rejected the state petitions, it also proposed a rule to create a new management area for populations of grizzlies in Idaho, Montana, Wyoming, and Washington. The proposal would also remove ESA  protections for grizzly bears outside that area, and loosen restrictions for when bears can be killed. Today’s decision also addresses a court-ordered settlement with the State of Idaho, which petitioned USFWS to delist all grizzly bears in the lower 48 states. 

Grizzly bears, once numbering roughly 50,000, were eliminated from 98% of their former range in the lower-48 states and reduced to about 2% of their former numbers. Today, grizzlies occupy only 4% of their former range, with fewer than 2,200 in the lower-48 states. 

In response to today’s announcement, the following organizations, Endangered Species Coalition, Friends of the Bitterroot, Friends of the Clearwater, WildEarth Guardians, and Wyoming Wildlife Advocates issued a joint statement: 

“We thank the Biden Administration for keeping grizzlies listed under the Endangered Species Act in the Northern Rockies and Washington, but we are disappointed with the proposal to remove protections for the remaining states in the Lower-48. With the current threat of habitat loss and climate change, grizzlies have a ways to go until they are recovered. Importantly, the States of Montana, Idaho, and Wyoming are grossly unprepared to manage grizzlies and have adopted anti-predator policies that would reverse the recovery of this iconic native species.

The U.S. Fish and Wildlife Service should be commended for keeping grizzly bears protected under the Endangered Species Act in the Northern Rockies and rejecting state management that would undo decades of conservation work that has helped us make tremendous progress toward bringing back a species that was almost wiped out. At the same time, we are disappointed the agency is proposing to remove protections outside the Northern Rockies and Washington, essentially giving up on returning grizzlies to much of their historic range. We are also concerned that the agency’s proposed rule to provide more management flexibility will result in more grizzly bear mortality within areas where they remain protected.   

We will participate in the rulemaking process to ensure that any new rule is informed by the best available science and modern conservation practices. This includes adopting a new recovery vision for grizzly bears that fosters a unified population with natural connectivity, increased habitat protection, and non-lethal conflict reduction. These actions will help us achieve a real and lasting recovery of grizzly bears in the Northern Rockies, Washington, and potentially suitable habitat.” 

Today’s announcement comes on the heels of a petition filed by 15 national, regional, and state environmental, tribal, and animal welfare groups to the USFWS to adopt a new approach to recovering grizzly bears in the U.S. Northern Rockies. The petition, filed in December, was based on a new science-based report by Dr. Christopher Servheen, the former USFWS Grizzly Bear Recovery Coordinator who served in that role from 1981-2016. The report details site-specific management actions to aid in the bears’ recovery and calls for a new approach to managing the bears as one unified population with natural connectivity between ecosystems rather than continuing with the current practice of managing isolated populations of bears. 

The USFWS’s proposed rule will initiate a new rulemaking process that includes an environmental analysis and a public comment period. If approved, the new rule likely will not take effect for at least one year. 

Reporter Resources: Dr. Servheen’s report and the USFWS petition are available here: https://earthjustice.org/grizzly

Background:

In early 2023, in response to state petitions, the USFWS made an initial finding indicating grizzly bears in the Northern Continental Divide Ecosystem and the Greater Yellowstone Ecosystem might warrant removal as a threatened species. The Fish and Wildlife Service initially rejected a petition from the state of Idaho to delist grizzly bears across all of the continental United States but later agreed in a court settlement that it would consider Idaho’s petition by January 2026. 

Montana, Idaho, and Wyoming have indicated that they will likely manage for a bare minimum number of bears in populations that are isolated from each other. Montana has drafted a statewide management plan for grizzly bears that indicates a reduced tolerance for grizzly bear presence in some areas, as well as a lack of commitment to naturally connecting and recovering isolated populations of grizzly bears. Additionally, the Montana Legislature recently passed a bill that allows livestock owners to kill grizzly bears that are attacking or “threatening” livestock, even on public land, far from ranches or communities and another that legalizes hunting and chasing black bears with dogs, a practice that unnecessarily increases mortality risk to grizzly bears.  

###