By Mark Davis
Powell Tribune
Via- Wyoming News Exchange

POWELL — With a new presidential administration in office, Wyoming’s Washington delegation is advancing new legislation to delist the Yellowstone area grizzly bear population. 

Senate Western Caucus Chair Cynthia Lummis, R-Wyo., introduced the Grizzly Bear State Management Act in late January in collaboration with fellow Wyoming Sen. John Barrasso, Montana Sens. Steve Daines and Tim Sheehy, and Idaho Sens. Mike Crapo and Jim Risch. 

The bill would remove grizzly bears in the Greater Yellowstone Ecosystem from the Endangered Species List and shift management of the grizzly bear populations to the states. 

It preserves federal oversight for population monitoring while giving states more flexibility in managing grizzly populations. One caveat: This bill strips away the power of the courts. 

“The reissuance of the final rule … shall not be subject to judicial review,” the proposed legislation reads. 

“The Endangered Species Act is broken beyond repair, and the Greater Yellowstone Ecosystem Grizzly is the perfect example,” Lummis said in a release. “Western states have proven track records of effectively managing their wildlife populations, and returning grizzly responsibility back to the local level ensures ignorant Washington bureaucrats keep their paws off of state matters.” 

Should the bill become law, “not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule entitled ‘Endangered and Threatened Wildlife and Plants; Removing the Greater Yellowstone Ecosystem Population of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife’ without regard to any other provision of law that applies to the issuance of that final rule.” 

Just before the end of the Biden administration, officials refused to act on petitions filed by Montana and Wyoming to delist the grizzly bears of the Greater Yellowstone and Northern Continental Divide ecosystems. 

A U.S. District Court judge ordered the U.S. Fish and Wildlife Service to make a final decision about the listing status for the controversial species within 45 days — due before the presidential inauguration on Jan. 20. 

But the U.S. Fish and Wildlife Service refused to delist the species, instead changing distinct population status in the lower 48 states. 

The service proposed changes to how the grizzly is managed, including eliminating the Greater Yellowstone Ecosystem distinct population segment. 

“This reclassification will facilitate recovery of grizzly bears and provide a stronger foundation for eventual delisting,” said Martha Williams, U.S. Fish and Wildlife Service director under the previous administration, in the release. “And the proposed changes to our 4(d) rule will provide management agencies and landowners more tools and flexibility to deal with human/ bear conflicts, an essential part of grizzly bear recovery.” 

The ruling angered Wyoming, Idaho and Montana elected leaders and wildlife management agencies. 

“It has always been clear the Biden administration had no intention of delisting the Greater Yellowstone Ecosystem grizzly bear. This latest move to keep a fully-recovered population on the Endangered Species List and eliminate the DPS confirms this decision is driven by politics and not biology,” Gov. Mark Gordon said in a release after the Fish and Wildlife decision. “The GYE grizzly bear has been delisted twice. Population determinations should not be made whimsically; lower-48 management approach is not scientifically based. I remain committed to working on delisting grizzly bears in Wyoming and will consider multiple avenues to do so.” 

The grizzly bear was initially listed on the ESA in 1975. 

There are currently an estimated roughly 1,000 grizzly bears inside the DMA. According to a 2022 U.S. Fish and Wildlife Service report, grizzly bears currently occupy about 98% of suitable habitat in the DMA and 30% of the current estimated distribution is occurring beyond the DMA. 

In the House, Rep. Harriet Hageman, R-Wyo., announced the reintroduction of the House version of the Grizzly Bear State Management Act, legislation that directs the U.S. Fish and Wildlife Service to delist the Greater Yellowstone Ecosystem grizzly bear from the endangered species list. 

The act will remove federal protections for the GYE grizzly and return management authority to Wyoming and other affected states. Grizzly bear delisting has been a consistent priority for Hageman, 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. “The Greater Yellowstone Grizzly has far exceeded its recovery goals, yet Washington bureaucrats continue to obstruct delisting with needless delays and politicized decisions.

“These desk activists aren’t the ones dealing with the realities of an overgrown grizzly population — Wyoming families are. With the grizzly population exploding, we’ve seen a troubling uptick in attacks on people, livestock, and property,” Hageman continued. “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.” 

After being introduced, the bill was referred to the House Committee on Natural Resources.