A powerful grizzly bear stands amidst vibrant wildflowers in a tranquil forest setting. Stock Photo.

USFWS Decision Keeps Federal Protections But Allows For Killing Measures

On January 8th, 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 decision also addresses a court-ordered settlement with the State of Idaho, denying a petition to the US Fish and Wildlife Service to remove all grizzly bears in the lower 48 states from the endangered species list. 

A map of the newly defined area for the Distinct Population Segment (U.S. Fish and Wildlife Service)
The newly defined area for the Distinct Population Segment (U.S. Fish and Wildlife Service)

The USFWS has announced plans for grizzly bears to now be managed as a single distinct population segment (DPS) that encompasses all six grizzly bear recovery zones, including areas in Idaho, Montana, Washington, and Wyoming. Under this plan, grizzlies would continue to be classified as threatened under the Endangered Species Act (ESA). However, the proposed action–which independent scientists have criticized– would remove ESA protections outside the boundaries of the newly designated DPS, where grizzly bears are not currently found, but through which they might travel when trying to reconnect with other grizzly bears. This would differ from the current rule, which protects grizzlies throughout the lower 48 states. 

Although the agency rejected the state petitions for delisting grizzlies, it proposed new and less stringent management actions for grizzly bears under Section 4(d) of the ESA. The proposed 4(d) rule would lessen restrictions on the lethal management of grizzly bears where these bears come into conflict with communities or livestock. The proposed 4(d) rule will initiate a new rulemaking process, which includes an environmental assessment and a public comment period. If approved, the new rule likely wouldn’t take effect for at least one year. 

Wednesday’s announcement follows a petition to the USFWS filed in December by 15 national, regional, and state environmental groups, including the Yaak Valley Forest Council, to adopt a new approach for recovering a unified grizzly bear population in the Northern Rockies with natural connectivity between ecosystems, rather than continuing with the current practice of managing isolated populations of bears. Due to extractive activities such as clearcutting and roadbuilding sanctioned by the U.S. Forest Service, the Yaak’s grizzly population–despite being in the epicenter of the new proposed DPS– remains the most endangered in the continental U.S. 

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