The U.S. Fish and Wildlife Service (USFWS) unveiled a plan to advance grizzly bear recovery in the lower 48 states, denying state petitions to delist the species. The plan clarifies the geographic areas where grizzly bears are protected under the Endangered Species Act (ESA) and establishes a single distinct population segment spanning multiple states. The proposal also includes revisions to the 4(d) rule to allow more flexibility in navigating bear conflicts.
The announcement follows the agency’s decision to deny petitions from Montana and Wyoming requesting to remove federal protections for grizzly bears in their respective recovery zones.
“This reclassification will facilitate recovery of grizzly bears and provide a stronger foundation for eventual delisting,” said Martha Williams, USFWS 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.”
ESA listing
Grizzly bears have been listed as threatened under the ESA since 1975 across the lower 48 states, including areas outside their historical range.
USFWS proposed a new rule to revise this listing, creating a single distinct population segment (DPS) that encompasses suitable habitat in Idaho, Montana, Washington and Wyoming, where grizzly bears currently reside or are expected to establish as populations recover. This DPS would retain its threatened status under the ESA, while protections would be removed for areas outside the proposed DPS where grizzly bears do not occur and are not expected to inhabit in the future, according to USFWS.
The proposed rule is part of an effort to meet a settlement agreement with Idaho requiring a review of the grizzly bear’s ESA status in the lower 48 states by January 2026. It also addresses petitions from Montana and Wyoming to establish and delist each DPS for the Northern Continental Divide Ecosystem and Greater Yellowstone Ecosystem, respectively. After reviewing the best available scientific and commercial data, USFWS concluded that grizzly bear populations in these ecosystems do not represent valid distinct populations and, therefore, found the petitioned actions “not warranted.”
USFWS said the growing connectivity reflects the success of conservation and management efforts driven by federal, state, Tribal, and private landowner partnerships over the past 40 years. However, the agency emphasized the importance of ongoing conservation measures to support continued movement and long-term recovery across the regions.
4(d) rule changes
In addition to DPS changes, USFWS proposes revisions to the existing 4(d) rule to provide management agencies and landowners greater flexibility and additional tools for addressing grizzly bear research and conflict management. According to USFWS, grizzly bear expansion poses challenges for local communities and working lands, prompting a need for collaborative solutions.
The revised rule aims to support partner agencies, private landowners and livestock producers by offering tools to manage conflicts while maintaining critical safeguards to promote connectivity and resilience within grizzly populations. USFWS emphasized that these measures are essential for advancing conservation efforts and preparing for the eventual delisting of grizzly bears in the lower 48 states.
The proposed rule intends to recognize the importance of balancing conservation goals with the needs of private landowners and livestock producers in areas impacted by grizzly bear activity, the agency said.
Reactions
The National Cattlemen’s Beef Association (NCBA) and the Public Lands Council (PLC) criticized USFWS’ revised grizzly bear listing and its rejection of state petitions, asserting the decisions undermine sound science and shift recovery goals.
“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,” said NCBA Director of Government Affairs and PLC Director Garrett Edmonds. “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.”
The Center for Biological Diversity praised USFWS for continuing to list the bears on the ESA but decried initiating the 4(d) rule.
“I’m relieved that the Fish and Wildlife Service found that grizzly bears still need Endangered Species Act safeguards,” said Andrea Zaccardi, carnivore conservation program legal director at the Center for Biological Diversity. “With ongoing federal protections, grizzlies in the Northern Rocky Mountains and North Cascades will have a real chance at long-term recovery instead of being gunned down and mounted on trophy walls.”
Lesli Allison, CEO of the Western Landowners Alliance, noted that while grizzly bear recovery is celebrated, the growing populations and expanding range, coupled with shifting delisting criteria, have caused significant frustration.
“While grizzly bear recovery is widely celebrated as a success, the moving goalposts for delisting are a source of deep frustration for many in the region,” Allison said. “People who live and work in recovery areas continue to experience increasing conflicts, safety concerns and disproportionate economic costs. It is imperative that state wildlife agencies, communities and landowners have both the flexibility as well as the tools and financial resources to manage this growing population and these challenges.”
Allison emphasized the need for a new conservation approach that supports people and wildlife, advocating for nonlethal conflict prevention, habitat leases and fair compensation to help producers maintain intact lands and habitats in carnivore recovery areas.
USFWS will initiate a 60-day public comment period once the proposed rule is published in the Federal Register. The public, stakeholders and partners are encouraged to provide feedback at regulations.gov by searching for FWS–R6–ES–2024–0186. Additionally, USFWS will host a series of virtual and in-person public information sessions and hearings to gather input. The list of public meetings can be found at www.fws.gov/grizzlyrulemaking.
Following the comment period, USFWS will review all feedback before finalizing the rule, with a final decision expected by January 2026, in accordance with a court-ordered settlement agreement. — Charles Wallace, WLJ contributing editor
