Proposed grizzly rule could expand Western management authority

The U.S. Fish and Wildlife Service has proposed a revised rule that could give states, tribes and national parks more authority over some lower-48 grizzly bear management activities, but the bears would remain listed as threatened under the Endangered Species Act.

The proposal is not a final rule and does not delist grizzly bears. It is a supplemental notice of proposed rulemaking that would revise the species-specific protections known as a Section 4(d) rule. The proposal was published in the Federal Register on July 17, 2026, and the public-comment period closes at 11:59 p.m. Eastern on Aug. 17, 2026.

What the proposed rule would change

The proposed framework would create two management tiers. The first would become available after an authorized agency adopts qualifying conservation strategies and management plans and enters a memorandum of understanding with the Fish and Wildlife Service. Tier 1 would provide limited additional exceptions, including for incidental take associated with regulated trapping of other species.

Tier 2 would provide broader exceptions for management activities and incidental take after the required plans are in place and the relevant grizzly population has achieved demographic objectives identified in a conservation strategy. The agency says that tier could allow states and tribes to assume most broad day-to-day management in a qualifying geographic area under applicable state or tribal laws.

The framework would not apply automatically across the West. Tier designations would be tied to specific geographic areas, conservation strategies, monitoring requirements and agreements with the Service. The Service would review annual reports and could reduce or revoke a designation if population objectives, mortality thresholds or other conditions were not maintained.

Fish and Wildlife Service materials identify Idaho, Montana, Washington and Wyoming in connection with the broader lower-48 grizzly management framework. The proposal could affect state wildlife agencies, tribal governments, national-park managers, livestock operators, recreationists and communities responding to conflicts between people and bears.

What would not change

Lower-48 grizzly bears would remain classified as threatened. The proposal does not begin or complete a delisting process, and no new management authority would take effect unless the agency adopts a final rule and the required conditions are met.

Core Endangered Species Act prohibitions would remain in place, subject to the proposed exceptions and conditions. The proposal also would not eliminate Section 7 consultation obligations for federal actions that may affect listed grizzly bears. The Federal Register notice states that a Section 4(d) rule does not change those consultation requirements.

The proposal would not change the existing nonessential experimental-population designations in the North Cascades and Bitterroot ecosystems. Any changes to those population-specific rules would require separate rulemakings. The agency says no grizzly bears have been released into either experimental population and that those designations are not affected by the proposed revision.

Why the safeguards are contested

The Fish and Wildlife Service says the revised approach is intended to reduce regulatory complexity, give local agencies more practical tools and recognize recovery progress in several geographic areas. Those are the agency’s stated reasons for the proposal; they are not a final determination that all lower-48 grizzly populations have met the conditions for additional flexibility.

The National Wildlife Federation and Montana Wildlife Federation have said the final rule should include science-based state regulations, transparent mortality monitoring, habitat and connectivity protections and meaningful federal oversight. The groups’ concerns focus on how the proposed tier system would work in practice, not on an immediate change to the bears’ legal status.

Earlier attempts to delist the Greater Yellowstone grizzly population were overturned by federal courts. The Fish and Wildlife Service says the current proposal is focused on revising the Section 4(d) protections and does not itself complete a delisting decision.

How to submit a comment

Members of the public may submit comments through Regulations.gov using docket number FWS-R6-ES-2024-0186. Electronic comments must be received by 11:59 p.m. Eastern on Aug. 17, 2026.

The agency is seeking input on the proposed prohibitions and exceptions, the structure and requirements of the management tiers, conservation and economic effects, monitoring and reporting, and how responsibilities would be distributed among federal, state and tribal governments.

Comments submitted during the earlier proposal’s comment period will be considered and do not need to be resubmitted, although the Service is inviting additional comments on the revised provisions.

What happens next

After the comment period closes, the Fish and Wildlife Service will review the submissions and may change the proposed prohibitions, exceptions or tier requirements. The agency has said it may issue separate final decisions on the grizzly listing proposal and the Section 4(d) rule.

Until final action takes effect, there is no immediate change to the threatened status or baseline federal protections for lower-48 grizzly bears.

Sources

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