Gov. Mark Gordon

Grizzly bear delisting has once again passed the first hurdle toward state management. But it won’t happen quickly and the decision is likely to be tested in court, according to federal and state officials.

The U.S. Fish and Wildlife Service has completed the initial review of three petitions filed by Wyoming, Montana and Idaho to remove the grizzly bear from the list of endangered and threatened wildlife under the Endangered Species Act in the Greater Yellowstone and Continental Divide Ecosystems.

The agency said the governors of Montana, Idaho and Wyoming provided “substantial” information that grizzlies have recovered from the threat of extinction in the regions surrounding Yellowstone and Glacier national parks. But the process in which protections may be removed is still months, if not years, away.

In January of 2022, Wyoming, led by Gov. Mark Gordon, petitioned the Service to delist the Greater Yellowstone Ecosystem grizzly bear population.

“Wyoming’s petition, filed early last year, shows that — after 46 years, and over $52 million of investment by Wyoming sportsmen and women — the population of the bear is far above long-established recovery goals,” Gordon said. “In addition, Wyoming has an established framework to provide adequate protection and management of the bear in the future. I trust the FWS will continue to use the best scientific evidence, and I hope that Wyoming will soon manage this species as part of our treasured wildlife populations.”

Wyoming already has a grizzly bear management plan in place, and it will be amended to recognize the necessary legal requirements to satisfy the Endangered Species Act requirements for post-delisting management, he said in the Friday press release. He and Wyoming Game and Fish Department Director Brian Nesvik are scheduled to gather for discussions in the near future.

There is an expanding number of grizzly bears that have grown beyond the edges of the bear’s biological and socially suitable range known as the Demographic Monitoring Area. With recently recalculated population estimates by the Interagency Grizzly Bear Study Team, data shows the population numbers more than 1,000 bears, “far beyond all scientific requirements for a recovered, viable population,” according to Gordon’s office.

“Game and Fish stands ready to manage this population with robust public involvement and the best science at a moment's notice,” Nesvik said. “Game and Fish has a strong track record of managing grizzly bears during the times they have been delisted in the past.”

Should the species come under Wyoming management, the governor’s Wyoming Wildlife Taskforce has suggested non-resident hunters wishing to pursue a grizzly bear in the state pay $7,500 for the tag. However, Senate File 60 (which outlined price increases for the state’s “big 5” species for non-resident hunters) died with a 10-20-1 vote on the floor this session on Jan. 12.

Nesvik is encouraged by the delisting news and will continue pushing for the delisting and subsequent state management of the species.

“Wyoming is fully committed to long-term grizzly bear conservation. Our management plan has been tested and is based in the best science and robust public input,” he said in a Friday email exchange.

Nesvik pointed out Wyoming has a strong track record of successfully managing other large carnivore species like black bears, mountain lions and gray wolves.

“Grizzly bears, by all measures, have been fully recovered since 2003. Their population success story is a phenomenal example of Wyoming’s ability to recover endangered and threatened species,” he said. “It’s time for management of this population to be returned again to the state for the third time.”

The next steps include an in-depth status review and analyses using the best available science and information to arrive at a 12-month finding on whether the removal of protections for grizzly bears in the two ecosystems are warranted. If so, removing the protections would then be initiated through a separate rulemaking process, with additional public notice and comment. There will most likely be suits to stop the Biden administration from implementing the change.

The past three administrations, starting with President Barrack Obama, have all attempted to delist the species, but lawsuits by conservation organizations have been successful in stopping the action in the federal government’s attempts.

Wyoming Sen. Cynthia Lummis made an opening jab at non-governmental organizations who have stopped the delisting process in past attempts.

“I’m hopeful the decision to delist the grizzly is not impacted by out-of-state environmental extremists who don’t truly understand the science,” she said in a Friday statement.

And newly elected U.S. Representative Harriett Hageman said she would like to see legislation passed to speed up the process and keep the delisting of the grizzly bear on track.

“This process has been slow and it has been derailed several times before. While we will monitor the consideration of delisting by Fish & Wildlife, we will also consider the possibility of passing legislation to speed the process and ensure the delisting of the grizzly,” she said in a Monday email.

Organizations who have previously sued to stop delisting actions were quick to respond to the Service.

“Delisting grizzly bears in the Northern Rockies is premature,” said Jamie Rappaport Clark, president and CEO of Defenders of Wildlife. “Equally concerning, delisting would condemn these vitally important animals to the whim of current state politics in Montana, Wyoming and Idaho where they are openly hostile to predator species like grizzly bears.”   

Monday’s announcement comes as the Endangered Species Act turns 50 years old this year. Throughout the year, the Department of the Interior will celebrate the importance of the legislation in preventing the extinction of imperiled species, promoting the recovery of wildlife, and conserving the habitats upon which they depend, according to the agency.

“The ESA has been highly effective and credited with saving 99% of listed species from extinction. Thus far, more than 100 species of plants and animals have been delisted based on recovery or reclassified from endangered to threatened based on improved conservation status, and hundreds more species are stable or improving thanks to the collaborative actions of tribes, federal agencies, state and local governments, conservation organizations and private citizens,” the agency said in the Friday announcement.