On January 8, the U.S. Fish and Wildlife Service announced that it would not delist the grizzly bear in the lower 48 states and is proposing creation of a new distinct population segment (DPS) to encompass all current recovery zones. In addition, the agency is proposing changes to authorities under section 4(d) of the Endangered Species Act (ESA) to provide additional management flexibility for authorized agencies and individuals dealing with conflicts with bears. At the announcement the FWS also released an independently peer-reviewed updated species status assessment that compiles the best available scientific information in order to inform decision-making.

 According to the release: “The proposed action is a first step towards fulfilling a settlement agreement with the state of Idaho requiring an evaluation of the grizzly bear listing in the lower 48 states by January 2026. With today’s announcement, the Service also responds to petitions from the states of Montana and Wyoming to establish and delist DPSs for the Northern Continental Divide Ecosystem and Greater Yellowstone Ecosystem, respectively, and finds these petitioned actions “not warranted”. After a thorough review of the best scientific and commercial data available, the Service found grizzly bear populations in those two ecosystems do not, on their own, represent valid DPSs…

“Establishing a single DPS encompassing all six recovery zones will provide a comprehensive and scientifically based framework for recovery. Grizzly bear distribution has significantly expanded, largely due to the commitments of state, federal, and Tribal agencies. These partners have played a key role in the on-the-ground management of grizzly bears for over 40 years by dedicating significant resources toward monitoring and management; in addition, private landowners have made sacrifices to accommodate grizzly bears…

“Maintaining all recovery zones together in one DPS will increase the speed of recovery in remaining ecosystems and the overall viability of grizzly bears, increasing the likelihood of successfully delisting the entire DPS by addressing the species’ recovery needs as a whole.”

The FWS notes that expanding grizzly bear range will be challenging for local communities and working lands and has proposed changes to the ESA 4(d) rule for agencies and livestock producers to have more management tools. The agency says these changes will continue to support recovery efforts in “areas crucial to the eventual delisting of grizzly bears” while adding flexibility and responsiveness where bears are impacting private landowners.

The announcement was met with significant frustration by state fish and wildlife agencies that have been at the lead of grizzly bear recovery for decades. Wyoming Game and Fish Department Director Angi Bruce noted in a statement: “The Wyoming Game and Fish Department has spent millions of license fee dollars and thousands of hours to fulfill all the obligations required to demonstrate to the courts and USFWS that [Greater Yellowstone Ecosystem] 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. This decision is unfortunate and disappointing for grizzly bears and for the people of Wyoming.”

“While living with grizzly bears isn’t always easy, we know that management policies driven by wildlife experts, not politicians, can create the conditions that allow people and bears to thrive on shared landscapes,” Greater Yellowstone Coalition Executive Director Scott Christensen said. “The announcement acknowledges the challenges grizzly bears still face, and at the same time provides an opportunity to achieve meaningful recovery while employing more tools for people living alongside bears.”

The proposed rule to designate a single DPS and the associated 4(d) revision were posted in the Federal Register on January 15, 2025, starting the 60-day public comment period through March 17. Following the closure of the public comment period, the FWS will review and address comments before publishing a final rule, which is expected by January 2026.

For more information on the proposed rule (including supporting materials) and how to participate in the public comment process, please visit the project webpage.