Proposed Rule2025-00330
Endangered and Threatened Wildlife and Plants; 12-Month Finding for the Northern Continental Divide Ecosystem of the Grizzly Bear in the Lower-48 States
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Published
January 15, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to establish and delist a Northern Continental Divide Ecosystem (NCDE) distinct population segment (DPS) of the grizzly bear (Ursus arctos horribilis) in the lower-48 States. After a thorough review of the best scientific and commercial data available, we find that grizzly bears in the petitioned DPS do not, on their own, represent a valid DPS. Thus, we find that the petitioned action to establish and delist an NCDE DPS is not warranted at this time.
Full Text
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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Proposed Rules]
[Pages 3783-3786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00330]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2022-0150; FF09E21000-256-FXES11130900000]
Endangered and Threatened Wildlife and Plants; 12-Month Finding
for the Northern Continental Divide Ecosystem of the Grizzly Bear in
the Lower-48 States
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
12-month finding on a petition to establish and delist a Northern
Continental Divide Ecosystem (NCDE) distinct population segment (DPS)
of the grizzly bear (Ursus arctos horribilis) in the lower-48 States.
After a thorough review of the best scientific and commercial data
available, we find that grizzly bears in the petitioned DPS do not, on
their own, represent a valid DPS. Thus, we find that the petitioned
action
[[Page 3784]]
to establish and delist an NCDE DPS is not warranted at this time.
DATES: The finding in this document was made on January 15, 2025.
ADDRESSES: The finding and the supporting information that we developed
for this finding, including the species status assessment report and
species assessment form, are available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R6-ES-2022-0150. Please submit
any new information, materials, comments, or questions concerning this
finding to the appropriate person, as specified under FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Hilary Cooley, Grizzly Bear Recovery
Coordinator, Grizzly Bear Recovery Office, telephone: 406-243-4903,
email: <a href="/cdn-cgi/l/email-protection#08606164697a71576b6767646d71486e7f7b266f677e"><span class="__cf_email__" data-cfemail="19717075786b60467a7676757c60597f6e6a377e766f">[email protected]</span></a>. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
Under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.; hereafter, ``Act''), the grizzly bear (Ursus arctos
horribilis) is currently listed as a threatened species in the lower-48
States (40 FR 31734, July 28, 1975). We detail the original rulemaking
and our subsequent actions for the species in our species status
assessment (SSA) report (Service 2024, pp. 74-76) and summarize the
relevant actions for this finding below.
On March 30, 2021, we completed a 5-year status review for the
grizzly bear in the lower-48 States in which we concluded that the
listed entity should retain its status as a threatened species under
the Endangered Species Act (Act) (Service 2021, entire). On December
17, 2021, we received a petition from the State of Montana (petitioner)
to revise the listed entity of grizzly bear under the Act. The petition
requested that we: (1) establish a NCDE DPS; and (2) remove it from the
List (``delist''), asserting that the NCDE DPS did not meet the
definition of an endangered or threatened species. On February 6, 2023,
we published a 90-day finding (88 FR 7658) that the petition contained
substantial information indicating that establishing and delisting a
NCDE DPS may be warranted. This document and our supporting species
assessment form constitutes our 12-month finding on the December 17,
2021, petition to establish and delist a NCDE DPS of grizzly bear under
the Act.
Background
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding, within 12 months after receiving any
petition that we have determined contains substantial scientific or
commercial information indicating that the petitioned action may be
warranted, as to whether the petitioned action is warranted, not
warranted, or warranted but precluded by other pending proposals (known
as a ``12-month finding''). We must publish a notification of this 12-
month finding in the Federal Register.
This document announces the not-warranted finding on the petition
for the NCDE grizzly bear population in accordance with the regulations
at 50 CFR 424.14(h)(2)(i). In this document, we have also elected to
include a summary of the analysis on which this finding is based. This
supporting information can be found on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R6-ES-2022-0150 (see
ADDRESSES, above). We provide the full analysis, including our
rationale and the data on which the finding is based, in the decisional
file for the petition and our subsequent finding. The species
assessment form contains an explanation of why we determined that
grizzly bears in the petitioned DPS do not, on their own, represent a
valid listable entity such that the petitioned actions are not
warranted at this time. The following is a summary of the documents
containing this full analysis.
Listable Entity Requirements
Under the Act, the term ``species'' includes any subspecies of fish
or wildlife or plants, and any distinct population segment of any
vertebrate fish or wildlife which interbreeds when mature (16 U.S.C.
1532(16)). To interpret and implement the distinct population segment
(DPS) provisions of the Act, the Service and the National Oceanic and
Atmospheric Administration published in the Federal Register the Policy
Regarding the Recognition of Distinct Vertebrate Population Segments
Under the Endangered Species Act on February 7, 1996 (61 FR 4722) (DPS
Policy). Under the DPS Policy, we consider three elements to determine
whether to classify a population of a vertebrate species as a DPS: (1)
the discreteness of the population segment in relation to the remainder
of the species to which it belongs; (2) the significance of the
population segment to the species to which it belongs; and (3) the
population segment's conservation status in relation to the Act's
standard for listing, delisting, or reclassification. The Policy
requires that a population segment meet both the discreteness and
significance elements to be considered a valid DPS (i.e., a valid
listable entity) and only then may we consider whether the DPS warrants
listing under the Act.
Summary of Biological Information
The grizzly bear is a large, long-lived mammal that occurs in a
variety of habitat types in portions of Idaho, Montana, Washington, and
Wyoming. Grizzly bears are light brown to nearly black and are so named
for their ``grizzled'' coats with silver or golden tips. Grizzly bears
in the NCDE population and the lower-48 States need access to large,
intact blocks of land with limited human influence that provide cover,
high-caloric foods, dens, and areas for dispersal. The specific quality
and quantity of these resources influence the ability of individual
grizzly bears to reproduce, grow, and survive at different life stages
and for the NCDE population to be resilient or to withstand stochastic
events (Service 2024, pp. 99-101). Our SSA report provides our full
account of the life history, ecology, range, and historical and current
distribution for the grizzly bear in the NCDE population and the lower-
48 States (Service 2024, pp. 39-73).
Summary of Information From the Petition
The petitioner requests that we establish a DPS for the NCDE
grizzly bear population (petitioned DPS) that occurs entirely within
the State of Montana. In their arguments to support delisting, the
petitioner indicates that the NCDE grizzly bear population's range has
expanded, including a four-fold increase in the occupied range since
the time of listing in 1975. The species assessment form provides
additional summary of the information presented in the petition,
including a map of the petitioned DPS.
Summary of Finding
In determining whether to recognize the petitioned DPS as a valid
DPS (e.g., a listable entity under the Act), we must base our decision
on the best scientific and commercial data available. Since the time of
the original listing in 1975, the abundance, distribution, and
dispersal of grizzly bears within and surrounding the NCDE has
increased.
[[Page 3785]]
New information supports the petitioner's claim that the NCDE
population has increased in size and distribution, so much so that
grizzly bears have dispersed and expanded their occupied range and
verified outliers are occurring beyond the western and southern
boundary of the petitioned DPS. From 2014 to 2022, estimated occupied
range in the NCDE increased by 21 percent, averaging 5 percent every 2
years. As a result, the distance between the occupied range in the NCDE
and that of other ecosystems has decreased and continues to shrink.
Models indicate that the NCDE estimated occupied range overlaps with
the Cabinet-Yaak Ecosystem (CYE), although no genetic or demographic
connectivity has been documented. In addition, models indicate that the
estimated occupied ranges of the NCDE and Greater Yellowstone Ecosystem
(GYE) populations are currently only 98 kilometers (61 miles) apart,
within grizzly bear dispersal distance.
The 2022 estimated occupied range of the NCDE population of grizzly
bear extends beyond the western and southern boundaries of the
petitioned DPS (Service 2024, figure 1). From 2020 to 2022, occupied
range in the NCDE increased by 11 percent (Costello et al. 2023, p.
13). We expect this trend to increase over time. Additionally, as the
populations expand, individual grizzly bears are dispersing into new
areas outside the estimated occupied range. Since 2014, there have been
213 verified observations of grizzly bears outside of current estimated
occupied range in the lower-48 States. Currently, genetic studies have
confirmed that at least 14 grizzly bears originating from the NCDE
population have dispersed beyond the boundary of the petitioned DPS.
Seven of these individuals are known to have emigrated from the NCDE to
the CYE, however, no gene flow is known to have occurred as of 2022
(Kasworm et al. 2024, p. 34). These occurrences outside of areas
considered occupied range are becoming increasingly common. While in
most cases, the source population of such grizzly bears is unknown, a
number of them likely originated from the NCDE population. The
locations of these verified observations reveal the leading edges of
grizzly bear range expansion within and between ecosystems (see Service
2024, figure 1) (Costello et al. 2023, pp. 13-17; Dellinger et al.
2023, pp. 22-23). With the increasing trend of population growth and
expansion over the last several years, we anticipate range expansion
and dispersal events to continue under current management, including
the protections of the Act, such that natural connectivity between the
NCDE population and other grizzly bear populations in the lower-48
States will likely occur in the near future (Service 2024, p. 54).
Additionally, we anticipate that dispersing bears from the NCDE
will re-establish a population in the Bitterroot Ecosystem (BE) in the
next 15 to 20 years. The estimated occupied range for the NCDE grizzly
bear population is less than 5 kilometers (3 miles) from the Bitterroot
recovery zone and a subadult female dispersed to within 5 kilometers (3
miles) of the BE in 2022. This information indicates that the grizzly
bear population has expanded beyond the boundary of the petitioned DPS
and continues to expand.
To summarize, information provided by the petitioner and the best
scientific and commercial data available indicate that grizzly bear
abundance, distribution, and dispersal have increased, and grizzly
bears have expanded beyond the petitioned DPS boundary. As a result,
the petitioned DPS is not based on the best scientific and commercial
data available and is obsolete. As populations have grown and expanded,
estimated occupied range has expanded beyond the petitioned DPS
boundary. In addition, grizzly bears have dispersed beyond the
petitioned DPS boundary, often into areas considered to be previously
unoccupied.
Under our DPS Policy, a population segment of a vertebrate species
may be considered discrete if it satisfies either of the following two
conditions: (1) it is markedly separated from other populations of the
same taxon as a consequence of physical, physiological, ecological, or
behavioral factors (quantitative measures of genetic or morphological
discontinuity may provide evidence of this separation); or (2) it is
delimited by international governmental boundaries within which
significant differences in control of exploitation, management of
habitat, conservation status, or regulatory mechanisms exist that are
significant in light of section 4(a)(1)(D) of the Act. In determining
whether the test for discreteness has been met under the DPS policy, we
allow but do not require genetic evidence to be used.
Although the DPS Policy does not require absolute separation of one
population from another, (82 FR 30502, June 30, 2017, p. 30518), the
standard for discreteness must allow us to distinguish between the DPS
and other members of the species for purposes of administering and
enforcing the Act (61 FR 4722, February 7, 1996, p. 4724). As
summarized above, the best scientific and commercial data available
indicate that the estimated occupied range of the grizzly bear
population in the NCDE has expanded steadily in the past decade. The
GYE and CYE populations have also expanded their range and these
populations are increasingly closer in proximity to the NCDE
population. Grizzly bears have dispersed beyond the boundaries of the
petitioned DPS and the NCDE population has expanded to such an extent
that it is not markedly separate from other populations of the taxon.
Due to ongoing population growth and range expansion, which is expected
to continue in the future under current management, including the
protections of the Act, we do not consider the petitioned DPS to be
discrete due to physical factors. Because grizzly bears within the
boundaries of the petitioned DPS are not markedly separated from other
populations of the taxon, the petitioned DPS does not meet the
discreteness element in the DPS Policy. Therefore, we find that grizzly
bears in the petitioned DPS do not, on their own, represent a valid DPS
and we therefore do not consider the status of grizzly bears in this
petitioned entity as a separately listable entity under the Act.
We are in the process of fully evaluating the latest information
regarding the status of the grizzly bear in the lower-48 States in a
rulemaking expected by January 31, 2026. This rulemaking is pursuant to
a settlement agreement associated with the State of Idaho's petition to
delist the grizzly bear in the lower-48 States. That rulemaking, to
either remove or revise the currently listed entity of the grizzly bear
in the lower-48 States, will fully evaluate the best scientific and
commercial data available, which could include potential DPSs, while
considering potential population segment's conservation status and
Congress's direction to exercise DPSs sparingly and only when the
biological evidence indicates that such action is warranted. The trends
of increasing distribution and dispersal point to the need for a
broader, holistic evaluation at the rangewide level, which will be
completed as part of the rulemaking already underway. Consistent with
the DPS Policy, that analysis will require careful consideration of the
extent to which formerly isolated populations are connected, or likely
to be connected, and the need for connectivity to small or isolated
populations and unoccupied recovery zones, given the best and most
recent biological data available that
[[Page 3786]]
support a durable recovered grizzly bear in the lower-48 States.
Peer Review
In accordance with our July 1, 1994, peer review policy (59 FR
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo
on the Peer Review Process, we solicited independent scientific reviews
of the information contained in the SSA report for the grizzly bear in
the lower-48 States. Results of this structured peer review process can
be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. We incorporated the results of
these reviews, as appropriate, into the SSA report, which is the
scientific foundation for this finding.
References Cited
A list of the references cited in this petition finding is
available in the species assessment form, which is available on the
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> under Docket No. FWS-R6-ES-2022-
0150 (see ADDRESSES, above).
Authors
The primary authors of this document are staff members of the
Grizzly Bear Recovery Office, Ecological Services Program.
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2025-00330 Filed 1-14-25; 8:45 am]
BILLING CODE 4333-15-P
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