Feds, states announce cryptic change to grizzly bear rules
Laura Lundquist
(Missoula Current) The states of Montana, Idaho and Wyoming are proposing to take greater control of grizzly bear management, but the federal announcement has left many confused about what is really being considered.
On Tuesday evening, Interior Secretary Doug Burgum joined the governors of Montana, Idaho and Wyoming on a windy stage in the mountains outside Bozeman to announce a proposed change to how grizzly bears are managed under the Endangered Species Act.
“The science is more than clear: grizzly bears have recovered and far exceeded every federal recovery benchmark. Today, Interior is returning conservation leadership to the Western states instead of Washington bureaucrats,” Burgum said, holding his hat to keep the wind from blowing it off. “Under the leadership of President Trump, we’re following the science, upholding the law and ending politics masquerading as conservation.”
In spite of claiming that grizzly bears have recovered, Burgum didn’t propose to delist the grizzly bear. Instead, the Trump administration is proposing to revise the provisions related to Section 4(d) of the Endangered Species Act. It is illegal to harass or kill a listed species but Section 4(d) outlines when harassment or killing is allowed. It’s expected that the administration is making the 4(d) rule even more lenient, but the details of the proposal weren’t released as of Tuesday night.
In January 2025, at the end of the Biden administration, the U.S. Fish and Wildlife Service proposed a rule that combined the seven separate grizzly populations in the lower 48 states into one distinct population segment. It also revised the 4(d) rule to allow state wildlife agencies and landowners to remove or kill grizzly bears that were perceived as threatening livestock or landowners. That rule was never finalized.
Some of the statements made during Tuesday’s live announcement hint that the revised 4(d) rule may allow the wildlife agencies of the three states to take over complete control of grizzly removal.
“Today, we celebrate - we’ve gotten to the recovery finish line. But tomorrow, we get back to work. And we will maintain the status of this grizzly bear in a recovered status with the same commitment, the same respect and the same grit,” said Montana Fish, Wildlife & Parks Director Christy Clark.
Standing at a lectern with a sign that said “Return management to the states,” Governor Greg Gianforte called grizzly bear recovery one of the great American conservation successes.
“With this success has come a challenge – bears have expanded into new areas and conflicts have increased with farmers, ranchers, recreationists, and residents. Returning management to the states is a welcome change and Montana is ready to lead to balance conservation and the safety of our communities,” Gianforte said.
Of the seven recovery populations, only two - the Greater Yellowstone and Northern Continental Divide - have seen their populations grow to where each has around 1,000 bears. The other five areas have only 50 to 60 bears or no bears at all. And due to minimal protection for bears between the recovery areas, there is little to no migration between the populations, which is necessary for genetic health.
Wildlife advocates expressed frustration that officials created a lot of hoopla but didn’t reveal Tuesday what the 4(d) change would be. But they deny that the grizzly bear is recovered or that the states will manage the bear responsibly.
Earthjustice cautioned that handing greater management of the species over to the states could jeopardize continued recovery efforts.
“It is extremely concerning that the Trump administration is seeking to hand over more management of the species to hostile Northern Rockies states,” said Jenny Harbine, Earthjustice’s Northern Rockies Office attorney. “While we need to see the details of this proposal, it could put grizzly bears at greater risk at a time of record mortality for the species. Anti-science political maneuvers should not be allowed to thwart grizzly bear recovery. If this proposal will further harm the species, we are prepared to take the administration to court.”
Lizzy Pennock of WildEarth Guardians said under the current 4(d) rule, grizzly bears in the Greater Yellowstone Ecosystem have seen a record number of deaths in the past several years. Weakening the 4(d) rule would likely lead to more deaths.
“This evening’s press conference made clear that even these three governors and the Secretary of Interior recognize that grizzly bears still need protection, no matter how many times anti-wildlife politicians repeat the falsehood that grizzlies are ready to be delisted,” Pennock said. “The best scientific evidence available—the standard under the ESA—unequivocally shows that grizzly bears still need continued federal protections against killing and habitat destruction.”
When the Interior Department attempted to delist the Greater Yellowstone population in 2017, Wyoming was ready to schedule a grizzly bear hunt that same year. Idaho also proposed a hunt but had a quota of one bear. The courts ruled the delisting was in violation of the Endangered Species Act.
Greg LeDonne, Idaho director of Western Watersheds Project, said there are an increasing number of human activities threatening grizzly bears—habitat destruction and modification from increased mining and logging, heavy human-caused mortality related to the livestock industry, and the isolated nature of some populations.With one of the slowest reproductive rates of terrestrial mammals, the grizzly bear population cannot endure if mismanaged by the states.
“We know what state management will look like for grizzly bears because Wyoming, Idaho and Montana have already told us what they plan to do,” LeDonne said. “State management will lead to high mortalities for grizzly bears because these states consistently ignore science and ethics, promote misinformation, and enact laws and regulations to permit the killing of carnivores by any means they deem necessary.”
Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.