Grizzly bear debate heats up in new year 

POWELL — The fight for control of grizzly bear management has once again become a battle between politicians, federal authorities and wildlife conservation organizations in the new year. 

It may seem like more of the same old story for the species, but there are important new twists and legislative bills that came out in the past week that may extend the debate and future litigation. 

The U.S. Fish and Wildlife Service denied petitions last week from Wyoming, Montana and Idaho to remove Endangered Species Act protections from grizzly bears, finding the species still needs federal protection. 

The agency simultaneously issued a proposed rule that would loosen restrictions on when grizzly bears can be killed. The proposal also creates a boundary limiting where grizzly bears receive federal protections, excluding places like California and Colorado. 

The announcement was followed by a host of statements from Wyoming legislators criticizing the decision not to take the bears off the endangered species list. 

Despite losses in court, two delistings in 2016 and 2018 have had bipartisan support for the better part of the past decade. 

The first effort to delist the GYE’s grizzly bear Distinct Population Segment came during the Obama Administration. Then, once again, the Trump administration attempted to delist the species. 

However, in September of 2018, a federal judge ruled that a 2017 decision by the Trump administration to strip Endangered Species Act protections from grizzly bears in the GYE was illegal. 

This ruling stopped planned hunts in Wyoming and Idaho — to take place in fall of 2018 — dead in their tracks. 

Next steps

In yet another attempt by a Wyoming politician, Rep. Harriet Hageman (R-Wyo.) has reintroduced the Grizzly Bear State Management Act, legislation that directs the U.S. Fish and Wildlife Service to delist GYE grizzly bears from the endangered species list and return management to Wyoming, Montana and Idaho. 

“This effort marks a bold step by Congress to counteract years of federal lethargy and wildlife policy dictated by special-interest lobbyists under the Biden administration,” Hageman said in a Saturday press release. 

Grizzly bear delisting has been a consistent priority for Hageman, the release stated, who also included language to delist the grizzly in the recently passed Interior Appropriations Act. 

“Federal officials at the U.S. Fish and Wildlife Service, influenced by wildlife lobbyists, have disregarded recovery data and the unique needs of states like Wyoming for far too long,” Hageman said. “These desk activists aren’t the ones dealing with the realities of an overgrown grizzly population — Wyoming families are.” 

Hageman is concerned with the “exploding” grizzly population that has resulted in “a troubling uptick” in attacks on people, livestock and property. 

“Families shouldn’t have to live in fear of grizzly bears rummaging through their trash or endangering their children. My legislation addresses the concerns of the people of Wyoming that are being ignored by Washington,” she said. 

While grizzly bear conflicts have increased with the species’ recent population increase to about 1000 individuals in the GYE (not including a significant number of grizzly bears living outside what the federal government has determined as suitable habitat), the number of attacks on humans has remained statistically flat, according to Interagency Grizzly Bear Study Team data. The team is an interdisciplinary group of scientists and biologists responsible for long-term monitoring and research of the protected species. 

Hageman condemned the Fish and Wildlife Service for its “arbitrary decision to refuse to delist” the GYE and Northern Continental Divide Ecosystem grizzly bear populations. 

“Rather than delisting the grizzly as local authorities have advocated, FWS has proposed creating a single Distinct Population Segment that combines all six recovery zones, including those well outside of the GYE. This bureaucratic sleight of hand represents a brazen shift in criteria and an effort to bury the fact that Wyoming has successfully protected a recovered grizzly population for over two decades. This approach not only violates the law by ignoring historical recovery goals and the viability of Wyoming’s grizzly management plan, but it is also contrary to the FWS’s own data and undermines the very purpose of the ESA.” 

Game and Fish responds

Wyoming Game and Fish Department Director Angi Bruce said in a statement she was frustrated by the announcement by the Fish and Wildlife Service. 

“The USFWS’s decision not to delist the GYE grizzly bear is extremely disappointing and frustrating,” Bruce said. “The science is clear on grizzly bears: They are recovered in the GYE, and their recovery is a conservation success. It is very clear that grizzly bears should be under state and tribal management.” 

She said the Fish and Wildlife Service’s failure to recognize grizzly bear recovery in Wyoming is “an insult to the Endangered Species Act and dismisses the extensive efforts of our wildlife managers to ensure their place on the landscape.”

“Despite all our efforts, the USFWS has chosen to ignore science and keep grizzly bears listed. This is not a science-based decision but a decision based on the federal government not wanting to give up control,” she said. “One of the greatest wildlife conservation success stories on earth is being undermined by a failure to recognize those compromises, collaborations and sacrifices that brought back grizzly bears from the brink of extirpation.” 

The Wyoming Game and Fish Department has spent more than $55 million of license fee dollars and thousands of hours to fulfill all the obligations required to demonstrate to the courts and Forest Service that GYE grizzly bears are fully recovered. 

“This decision shows that no matter what we do, the USFWS refuses to recognize the state’s efforts as well as the sacrifices and compromises made by the public who live, work and recreate in areas occupied by grizzly bears,” Bruce said. 

The Western Landowners Alliance also responded to the news of the Fish and Wildlife proposal, largely in agreement with state leaders. 

“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. People who live and work in recovery areas continue to experience increasing conflicts, safety concerns and disproportionate economic costs,” said Lesli Allison, Chief Executive Officer of the Western Landowners Alliance. “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,” 

Environmental groups praise decision

In every grizzly bear debate, there are formidable opponents to giving states the right to manage the species. 

The Greater Yellowstone Coalition defended the decision to keep grizzly populations protected and proposed that the next step “highlights the unique needs of grizzlies and charts a durable path for improved co-management with states so that communities have the best available tools for living alongside bears.”

This decision recognizes the success of decades of investments and community-based conservation efforts, the group said, adding that work remains to ensure grizzlies have “sturdy supports” in place to thrive long into the future. 

Andrea Zaccardi, carnivore conservation program legal director at the Center for Biological Diversity, which has often been a partner in suits filed by dozens of individuals, wildlife activists and tribes, didn’t pull any punches in her response. 

“I’m relieved that the Fish and Wildlife Service found that grizzly bears still need Endangered Species Act safeguards,” Zaccardi said. “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.” 

Comment period

The Fish and Wildlife Service is defending its declassification proposal as a way to facilitate recovery of grizzly bears and provide a stronger foundation for eventual delisting, said Martha Williams, U.S. Fish and Wildlife Service Director. 

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.