FWS Delays Grizzly Bear Decision–New Court Document Indicates FWS Will “Revise Or Remove” Endangered Species Act Protections By 2026

MISSOULA, MT –-The U.S. Fish & Wildlife Service (FWS) filed a legal document on Friday indicating that it is delaying a decision on petitions from the governors of Montana and Wyoming seeking the removal of Endangered Species Act protections for grizzly bears. The document also indicated that the agency would soon issue a rule that “revises or removes the entire ESA listing of grizzly bears in the lower-48 states.”

In response to the court filing, the Endangered Species Coalition, Sierra Club, Wyoming Wildlife Advocates, WildEarth Guardians, Western Watersheds Project, Friends of the Bitterroot, and Friends of the Clearwater issued the following statement:

"We are deeply disappointed that the U.S. Fish & Wildlife Service continues to leave the door open to removing Endangered Species Act protections for threatened grizzly bears in the West. Although grizzly bears are slowly beginning to recover from a century of persecution and habitat loss, some politicians and government bureaucrats are hostile to grizzly bears and other carnivores, and they have passed laws and regulations that undermine carnivore conservation and demonstrate intent to reduce the grizzly population once USFWS oversight is removed. 

"As one of the slowest-reproducing mammals on the planet, grizzly bears will always be sensitive to mortality, and thus will require continuous, strong conservation measures. We need to keep Endangered Species Act safeguards in place until the science shows grizzly bears are fully recovered, AND until the states have adequate rules in place to ensure grizzly bears will thrive for future generations.

"Grizzly bears are not just a symbol of our natural heritage–they are a keystone species that plays a critical role in maintaining the health of their ecosystems. Despite some population recoveries, grizzlies continue to face numerous threats, including habitat loss, climate change, and human-wildlife conflict, particularly those arising from livestock grazing. Additionally, most grizzly bears remain genetically isolated from each other, and two recovery areas have NO known grizzly populations."

Background

Back in early 2023, in response to state petitions, the U.S. Fish and Wildlife Service made an initial finding indicating grizzly bears in the NCDE and GYE might warrant removal as a threatened species. The Fish and Wildlife Service rejected a petition from the state of Idaho to delist grizzly bears across all of the continental United States, a decision the state is challenging in court.

Montana, Idaho and Wyoming have indicated that they will likely manage for bare minimum numbers 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 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.  

According to the declaration filed by the Fish and Wildlife Service, the next steps will be for the agency to issue its findings from a 12 month review of the Northern Continental Divide Ecosystem (NCDE) and the Greater Yellowstone Ecosystem (GYE) grizzly bear populations determining if they should be removed from the Endangered Species Act, and to issue a proposed rule that revises or removes protections across the entire lower-48 states. The declaration states the 12-month finding for the GYE population will be issued by Jan. 31st, 2025. 

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