Grizzly Bear Listing on the List of Endangered and Threatened Wildlife With a Revised Section 4(d) Rule; Proposed Rule

We, the U.S. Fish and Wildlife Service (Service or FWS), propose to revise the listing of the grizzly bear (Ursus arctos horribilis) in the lower-48 States under the Endangered Species Act of 1973, as amended (Act or ESA). After a review of the best scientific and commercial data available, we affirm that the currently listed grizzly bear population meets our requirements for consideration as a distinct population segment (DPS) under the Act and that the population remains likely to become an endangered species within the foreseeable future. However, we find that clarification of the geographic areas included within the DPS is warranted. Therefore, we propose to revise the listing by defining the boundaries of the contiguous U.S. grizzly bear DPS. The revised entity would include all geographic portions of the currently listed lower-48 entity that contain suitable habitat and where grizzly bears are currently found or are likely to be found in the future as populations recover. This area includes all of Washington and portions of Idaho, Montana, and Wyoming. The contiguous U.S. grizzly bear DPS would retain threatened species status. This proposed rule would promote conservation of the grizzly bear by ensuring that the listing under the Act explicitly reflects the areas where grizzly bears currently occur and are likely to occur in the future. Clarifying that the listing does not include areas outside of the grizzly bear's historical range will assist as recovery proceeds. We are also proposing to revise protective regulations for the grizzly bear issued under section 4(d) of the Act.