Grizzly bears remain federally protected across their range in the Lower 48 under the Endangered Species Act following a preliminary decision rendered in the final days of the Biden administration. But that decision could be subject to change following President Donald Trump’s return to the White House.

Early this year, the U.S. Fish and Wildlife Service (USFWS) found that delisting grizzlies in Montana, Idaho, Wyoming and Washington state was “not warranted,” citing in part the need for more connectivity between populations. The proposed decision came in response to petitions from Montana and Wyoming seeking delisting in the Northern Continental Divide and Greater Yellowstone ecosystems respectively. Bears in both ecosystems now top 1,000 each — far exceeding science-based recovery criteria, while more recently, the states have worked to move grizzlies between them in order to increase genetic diversity.

In addition to its proposed decision to continue protections, USFWS also issued a major shift in management direction. Previously, the service defined different recovery zones as “distinct population segments,” under the ESA, meaning that each could be considered separately for delisting once it met recovery criteria. The decision now places all grizzly habitat in swaths of Montana, Idaho and Wyoming, as well as all of Washington state, into one large distinct population segment. The Biden administration defended the decision as setting a better foundation for eventual delisting while providing more management options to agencies and private landowners to deal with livestock depredations.

The decision saw a swift rebuke from officials in Montana, Wyoming and Idaho, with accusations of ignoring the science and the need to better address conflicts between the bruins and humans. Montana Gov. Greg Gianforte accused USFWS of playing politics before the new administration was sworn in. “It’s time for the U.S. Fish and Wildlife Service to catch up with the science, follow the law and return management of grizzlies to the states, where it belongs,” he said.

By the 1930s, grizzlies occupied only about 2 percent of their historic range in the Lower 48 states and at the time of listing in 1975, they numbered 700 to 800. Today their population tops 2,300, with bears found dispersing into new areas nearly every year.

“This is not a science-based decision but a decision based on the federal government not wanting to give up control,” said Wyoming Game and Fish Department Director Angi Bruce. “One of the greatest wildlife conservation success stories on earth is being undermined by a failure to recognize those compromises, collaborations and sacrifices that brought back grizzly bears from the brink of extirpation.”

The Rocky Mountain Elk Foundation has been a leading advocate for states to manage grizzlies just as they carefully manage elk, black bears, mule and whitetail deer, mountain lions and a host of other species.

“The Rocky Mountain Elk Foundation disagrees with the decision. Once again, decision makers are moving the goalposts for delisting and turning their backs on the established science and success linked to these recovered populations at a time when we should be recognizing and celebrating them,” said RMEF Chief Conservation Officer Blake Henning.

The decision to continue ESA protections also comes after Montana, Wyoming and the National Park Service worked collaboratively this past year to address one of the core issues that has stymied past delisting efforts. Due to concerns raised about genetic connectivity between populations, last summer wildlife officials translocated two bears from the Northern Continental Divide Ecosystem to the Greater Yellowstone Ecosystem in an effort to “jump start” connectivity that is moving closer to occurring naturally. Officials were pleased after monitoring the bears over the past few months as they remained in the region and appeared to be settling in, including finding den sites for the winter.

The Trump Administration wasted little time putting the brakes on the proposed decision. The January 8 USFWS announcement was scheduled to trigger a 60-day public comment period including four informational meetings and public hearings. A week after Trump took office on January 20, the Service canceled those meetings, citing the transition of power and need for review by the new administration.

The decision has also brought renewed attention from members of Congress both urging the new administration to withdraw and re-write the rule or to delist grizzlies via legislation. In a letter to newly confirmed Secretary of the Interior Doug Burgum, representatives from Montana, Wyoming and Idaho encouraged a return to state management. Both Bergum and Trump’s nominee to lead the USFWS — former Wyoming Game and Fish Director Brian Nesvik — have voiced support for delisting grizzlies. Lawmakers have also introduced bills in both the U.S. House and Senate seeking to delist the bruins in the Greater Yellowstone Ecosystem.