# 70 FR 69854: Endangered and Threatened Wildlife and Plants; Designating the Greater Yellowstone Ecosystem Population of Grizzly Bears as a Distinct Population Segment; Removing the Yellowstone Distinct Population Segment of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife

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URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_05-22784

## Section

- **Citation:** 70 FR 69854
- **Heading:** Endangered and Threatened Wildlife and Plants; Designating the Greater Yellowstone Ecosystem Population of Grizzly Bears as a Distinct Population Segment; Removing the Yellowstone Distinct Population Segment of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 70 / 70 FR 69854

## Text

DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AT38 Endangered and Threatened Wildlife and Plants; Designating the Greater Yellowstone Ecosystem Population of Grizzly Bears as a Distinct Population Segment; Removing the Yellowstone Distinct Population Segment of Grizzly Bears From the Federal List of Endangered and Threatened Wildlife AGENCY:
Fish and Wildlife Service, Interior.

ACTION:
Proposed rule; notice of public hearing.

SUMMARY:
We, the U.S. Fish and Wildlife Service (Service), propose to establish a distinct population segment (DPS) of the grizzly bear (Ursus arctos horribilis) for the greater Yellowstone Ecosystem and surrounding area. We also propose to remove the Yellowstone DPS from the List of Threatened and Endangered Wildlife. The Yellowstone grizzly bear population is no longer an endangered or threatened population pursuant to the Endangered Species Act of 1973, as amended (ESA), based on the best scientific and commercial information available. Robust population growth, coupled with State and Federal cooperation to manage mortality and habitat, widespread public support for grizzly bear recovery, and the development of adequate regulatory mechanisms, has brought the Yellowstone grizzly bear population to the point where making a change to its status is appropriate.
The proposed delisting of the Yellowstone DPS would not change the threatened status of the remaining grizzly bears in the lower 48 States, which will remain protected by the ESA. If this proposed action is finalized, the Service intends to initiate a 5-year review of grizzly bear populations in the conterminous States outside of the Yellowstone DPS based on additional scientific information that is currently being collected and analyzed
DPS would not change the threatened status of the remaining grizzly bears in the lower 48 States, which will remain protected by the ESA. If this proposed action is finalized, the Service intends to initiate a 5-year review of grizzly bear populations in the conterminous States outside of the Yellowstone DPS based on additional scientific information that is currently being collected and analyzed. Additionally, prior to finalizing the proposed action, the Service will—(1) finalize the Conservation Strategy that will guide post-delisting management of the grizzly bear in the Greater Yellowstone Area; (2) append habitat-based recovery criteria to the Recovery Plan; (3) append genetic monitoring information to the Recovery Plan; and (4) finalize revised methodology for calculating total population size, known to unknown mortality ratios, and sustainable mortality limits for the Yellowstone grizzly bear population. Both the Conservation Strategy and the supplemental information to be appended to the Recovery Plan have already undergone public review and comment (62 FR 19777, April 23, 1997; 62 FR 47677, September 10, 1997; 64 FR 38464, July 16, 1999; 64 FR 38465, July 16, 1999; 65 FR 11340, March 2, 2000). In a subsequent notice, the revised methodology pertaining to population parameters will be made available for public review and comment. It will be finalized, with public comments incorporated, before this proposed rule is finalized. Finally, the U.S. Forest Service will finalize their Forest Plan Amendments for Grizzly Bear Conservation for the Greater Yellowstone Area National Forests prior to the Service finalizing this action.

DATES:
We will consider comments on this proposed rule received until the close of business on February 15, 2006. We will hold one public hearing on this proposed rule scheduled hearing for November 15, 2005. In addition, we have scheduled four open houses (see ADDRESSES section for locations)
tion for the Greater Yellowstone Area National Forests prior to the Service finalizing this action.

DATES:
We will consider comments on this proposed rule received until the close of business on February 15, 2006. We will hold one public hearing on this proposed rule scheduled hearing for November 15, 2005. In addition, we have scheduled four open houses (see ADDRESSES section for locations).

ADDRESSES:
If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods:
1. You may submit written comments to the Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, University Hall 309, University of Montana, Missoula, Montana 59812.
2. You may hand deliver written comments to our Missoula office at the address given above.
3. You may send comments by electronic mail (e-mail) to FW6_grizzly_yellowstone@fws.gov. See the Public Comments Solicited section below for file format and other information about electronic filing.
Comments and materials received, as well as supporting documentation used in preparation of this proposed action, will be available for inspection, by appointment, during normal business hours, at our Missoula office (see address above). In addition, certain documents such as the Conservation Strategy and information to be appended to the recovery plan are available at http://mountain-prairie.fws.gov/species/mammals/grizzly/yellowstone.htm.
The public hearing will be held at the following location:
• January 10, 2006, from 7 to 9 p.m. at the Cody Auditorium, 1240 Beck Avenue, Cody Wyoming.
The open houses will be held at the following locations:
• January 9, 2006, from 4 to 8 p.m. at the Holiday Inn, 5 Baxter Lane, Bozeman, Montana.
• January 10, 2006, from 4 to 7 p.m. at the Cody Auditorium, 1240 Beck Avenue, Cody Wyoming.
• January 11, 2006, from 4 to 8 p.m. at the Snow King Resort, 400 E. Snow King Avenue, Jackson, Wyoming.
• January 12, 2006, from 4 to 8 p.m
y Wyoming.
The open houses will be held at the following locations:
• January 9, 2006, from 4 to 8 p.m. at the Holiday Inn, 5 Baxter Lane, Bozeman, Montana.
• January 10, 2006, from 4 to 7 p.m. at the Cody Auditorium, 1240 Beck Avenue, Cody Wyoming.
• January 11, 2006, from 4 to 8 p.m. at the Snow King Resort, 400 E. Snow King Avenue, Jackson, Wyoming.
• January 12, 2006, from 4 to 8 p.m. at the Shilo Inn, 780 Lindsay Boulevard, Idaho Falls, Idaho.
FOR FURTHER INFORMATION CONTACT:
Dr. Christopher Servheen, Grizzly Bear Recovery Coordinator, U.S. Fish and Wildlife Service, at our Missoula office (see address above) or telephone (406) 243-4903.

SUPPLEMENTARY INFORMATION:
Background
Species Description
Grizzly bears are generally larger and more heavily built than other bears (Craighead and Mitchell 1982; Schwartz et al. 2003a). Grizzly bears can be distinguished from black bears, which also occur in the lower 48 States, by longer, curved claws, humped shoulders, and a face that appears to be concave (Craighead and Mitchell 1982). A wide range of coloration from light brown to nearly black is common (LeFranc et al. 1987). Spring shedding, new growth, nutrition, and coat condition all affect coloration. Guard hairs (long, course outer hair forming a protective layer over the soft underfur) are often pale in color at the tips; hence the name “grizzly” (Craighead and Mitchell 1982). In the lower 48 States, the average weight of grizzly bears is generally 200 to 300 kilograms (kg) (400 to 600 pounds (lb)) for males and 110 to 160 kg (250 to 350 lb) for females (Craighead and Mitchell 1982). Grizzly bears are long-lived mammals, generally living to be around 25 years old (LeFranc et al. 1987).
Taxonomy
Grizzly bears (Ursus arctos horribilis) are vertebrates that belong to the Class Mammalia, Order Carnivora, and Family Ursidae. The grizzly bear is a member of the brown bear species (U. arctos) that occurs in North America, Europe, and Asia; the subspecies U. a
and Mitchell 1982). Grizzly bears are long-lived mammals, generally living to be around 25 years old (LeFranc et al. 1987).
Taxonomy
Grizzly bears (Ursus arctos horribilis) are vertebrates that belong to the Class Mammalia, Order Carnivora, and Family Ursidae. The grizzly bear is a member of the brown bear species (U. arctos) that occurs in North America, Europe, and Asia; the subspecies U. a. horribilis is limited to North America (Rausch 1963; Servheen 1999). Early taxonomic descriptions of U. arctos based primarily on skull measurements described more than 90 subspecies (Merriam 1918), but this was later revised to 2 subspecies in North America, U. a. middendorfi on the islands of the Kodiak archipelago and U. a. horribilis in the rest of North America et al. 1991; Taberlet and Bouvet 1994; Kohn et al. 1995; Randi et al. 1994; Taberlet et al. 1995; Talbot and Shields 1996; Waits et al. 1998a; Waits et al. 1999). The two North American subspecies approach of Rausch (1963) is generally accepted by most taxonomists today. The original listing has been inadvertently modified in the List of Endangered and Threatened Wildlife to U. arctos and the range to holarctic. We propose to correct this error to reflect the original listed entity of U. arctos horribilis with a historic range of North America.
Behavior
Although adult bears are normally solitary (Nowak and Paradiso 1983), home ranges of adult bears frequently overlap (Schwartz et al. 2003a). Grizzly bears display a behavior called natal philopatry in which dispersing young establish home ranges within or overlapping their mother's (Waser and Jones 1983; Schwartz et al. 2003a). This type of movement makes dispersal across landscapes a slow process. For instance, McLellan and Hovey (2001) documented male and female dispersal over 20 years and found that grizzly bears gradually move farther from the center of their mother's home range over the course of 1 to 4 years
ng establish home ranges within or overlapping their mother's (Waser and Jones 1983; Schwartz et al. 2003a). This type of movement makes dispersal across landscapes a slow process. For instance, McLellan and Hovey (2001) documented male and female dispersal over 20 years and found that grizzly bears gradually move farther from the center of their mother's home range over the course of 1 to 4 years. Females established home ranges an average of 9.8 kilometers (km) (6.1 miles (mi)) away from the center of their mother's home range, whereas males generally strayed further, establishing home ranges roughly 29.9 km (18.6 mi) away from their mother's (McLellan and Hovey 2001). Similarly, Proctor et al. (2004) used genetic analyses to find that, on average, females disperse only 14.3 km (8.9 mi) and males disperse 42.0 km (26.0 mi) from the center of their mother's home range.
The home range of adult male grizzly bears is typically 3 to 5 times the size of an adult female's home range (LeFranc et al. 1987). The large home ranges of grizzly bears, particularly males, enhance genetic diversity in the population by enabling males to mate with numerous females (Blanchard and Knight 1991; Craighead et al. 1995). Grizzly bear population densities of 1 bear per 20 sq km (8 sq mi) have been reported in Glacier National Park (Martinka 1976), but most populations in the lower 48 States are much less dense (LeFranc et al. 1987). For example, estimates of grizzly bear densities in the Yellowstone area range from one bear per 50 sq km (20 sq mi) to one bear per 80 sq km (30 sq mi) (Blanchard and Knight 1980; Craighead and Mitchell 1982).
Grizzly bears have a promiscuous mating system (Hornocker 1962; Craighead and Mitchell 1982; Schwartz et al. 2003a) with genetic studies confirming that cubs from the same litter can have different fathers (Craighead et al. 1998). Mating occurs from May through July with a peak in mid-June (Craighead and Mitchell 1982; Nowak and Paradiso 1983)
chard and Knight 1980; Craighead and Mitchell 1982).
Grizzly bears have a promiscuous mating system (Hornocker 1962; Craighead and Mitchell 1982; Schwartz et al. 2003a) with genetic studies confirming that cubs from the same litter can have different fathers (Craighead et al. 1998). Mating occurs from May through July with a peak in mid-June (Craighead and Mitchell 1982; Nowak and Paradiso 1983). Age of first reproduction and litter size may be related to nutritional state (Stringham 1990; McLellan 1994; Hilderbrand et al. 1999). Age of first reproduction varies from 3 to 8 years of age, and litter size varies from one to four cubs (Schwartz et al. 2003a). For the Yellowstone grizzly bear population, the average age of first reproduction is approximately 6 years old, and the average litter size is 2.04 cubs (Schwartz et al. 2005). Cubs are born in a den in late January or early February and remain with the female for 2 to 3 years before the mother will again mate and produce another litter (Schwartz et al. 2003a). Grizzly bears have one of the slowest reproductive rates among terrestrial mammals, resulting primarily from the late age of first reproduction, small average litter size, and the long interval between litters (Nowak and Paradiso 1983; Schwartz et al. 2003a). Given the above factors and natural mortality, it may take a single female 10 years to replace herself in a population (Service 1993). Grizzly bear females cease breeding successfully some time in their mid-to late 20s (Schwartz et al. 2003b).
For 3 to 6 months during winter, grizzly bears across their range enter dens in an adaptive behavior which increases survival during periods of low food availability, deep snow, and low air temperature (Craighead and Craighead 1972). Grizzly bears in the lower 48 States spend up to 4 to 6 months in dens beginning in October or November (Linnell et al. 2000). During this period, they do not eat, drink, urinate, or defecate (Folk et al. 1976; Nelson 1980)
ir range enter dens in an adaptive behavior which increases survival during periods of low food availability, deep snow, and low air temperature (Craighead and Craighead 1972). Grizzly bears in the lower 48 States spend up to 4 to 6 months in dens beginning in October or November (Linnell et al. 2000). During this period, they do not eat, drink, urinate, or defecate (Folk et al. 1976; Nelson 1980). Hibernating grizzly bears exhibit a marked decline in heart and respiration rate, but only a slight drop in body temperature (Nowak and Paradiso 1983). Due to their relatively constant body temperature in the den, hibernating grizzly bears can be easily aroused and have been known to exit dens when disturbed by seismic or mining activity (Harding and Nagy 1980) or by human activity (Swenson et al. 1997). Both males and females have a tendency to use the same general area year after year but the same exact den is rarely used twice by an individual (Schoen et al. 1987; Linnell et al. 2000). Females display stronger area fidelity than males and generally stay in their dens longer, depending on reproductive status (Judd et al. 1986; Schoen et al. 1987; Linnell et al. 2000).
In preparation for hibernation, bears increase their food intake dramatically during a stage called hyperphagia. Hyperphagia is defined simply as overeating (in excess of daily metabolic demands) and occurs throughout the 2 to 4 months prior to den entry. During hyperphagia, excess food is deposited as fat, and grizzly bears may gain as much as 1.65 kg/day (3.64 lb/day) (Craighead and Mitchell 1982). Grizzly bears must consume foods rich in protein and carbohydrates in order to build up fat reserves to survive denning and post-denning periods (Rode and Robbins 2000). These layers of fat are crucial to the hibernating bear as they provide a source of energy and insulate the bear from cold temperatures and are equally important in providing energy to the bear upon emergence from the den when food is still sparse relative to metabolic requirements
carbohydrates in order to build up fat reserves to survive denning and post-denning periods (Rode and Robbins 2000). These layers of fat are crucial to the hibernating bear as they provide a source of energy and insulate the bear from cold temperatures and are equally important in providing energy to the bear upon emergence from the den when food is still sparse relative to metabolic requirements.
Although the digestive system of bears is essentially that of a carnivore, bears are successful omnivores, and in some areas may be almost entirely herbivorous (Jacoby et al. 1999; Schwartz et al. 2003a). Grizzly bears are opportunistic feeders and will consume almost any available food including living or dead mammals or fish, and, sometimes, garbage (Knight et al. 1988; Mattson et al. 1991a; Schwartz et al. 2003a). In areas where animal matter is less available, grasses, roots, bulbs, tubers, and fungi may be important in meeting protein requirements (LeFranc et al. 1987). High-quality foods such as berries, nuts, insects, and fish are important in some areas (Schwartz et al. 2003a).
The search for food has a prime influence on grizzly bear movements. In the Yellowstone area, four food sources have been identified as important to grizzly bear survival and reproductive success (Mattson et al. 2002). Winter-killed ungulates serve as an important food source in early spring before most vegetation is available (Greene et al. Oncorhynchus clarki ) are a source of nutrition for grizzly bears in the Yellowstone population (Mattson et al. 1991a; Mattson and Reinhart 1995; Felicetti et al. 2004). Grizzly bears feed on army cutworm moths ( Euxoa auxiliaris ) during late summer and early fall as they try to acquire sufficient fat levels for winter (Pritchard and Robbins 1990; Mattson et al. 1991b; French et al. 1994). Lastly, whitebark pine seeds ( Pinus albicaulis ) serve as a crucial fall food due to their high fat content and abundance as a pre-hibernation food (Mattson and Reinhart 1994)
Grizzly bears feed on army cutworm moths ( Euxoa auxiliaris ) during late summer and early fall as they try to acquire sufficient fat levels for winter (Pritchard and Robbins 1990; Mattson et al. 1991b; French et al. 1994). Lastly, whitebark pine seeds ( Pinus albicaulis ) serve as a crucial fall food due to their high fat content and abundance as a pre-hibernation food (Mattson and Reinhart 1994). The distribution and abundance of these grizzly bear foods vary naturally among seasons and years. In some years, whitebark pine seeds are an important food and in other years, few seeds are available and bears switch to alternate foods.
On average, approximately 79 percent of the diet of adult male and 45 percent of the diet of adult female grizzly bears in the Greater Yellowstone Area (GYA) is terrestrial meat (Jacoby et al. 1999). In contrast, in Glacier National Park, over 95 percent of the diets of both adult male and female grizzly bears is vegetation (Jacoby et al. 1999). Ungulates rank as the second highest source of net digestible energy available to grizzly bears in the GYA (Mealey 1975; Pritchard and Robbins 1990; Craighead et al. 1995). Ungulates provide a high-quality food source in early spring before most plant foods become available. Grizzly bears with home ranges in areas with few plant foods depend extensively on ungulate meat (Harting 1985). Grizzly bears in the Yellowstone area feed on ungulates primarily as winter-killed carrion from March through May although they also depredate elk calves for a short period in early June (Gunther and Renkin 1990; Green et al. 1997; Mattson 1997). Carcass availability fluctuates with winter severity because fewer ungulates die during mild winters.
Due to their high digestibility and protein and lipid content, spawning cutthroat trout are one of the highest sources of digestible energy available to bears during early summer in Yellowstone National Park (Mealey 1975; Pritchard and Robbins 1990)
Renkin 1990; Green et al. 1997; Mattson 1997). Carcass availability fluctuates with winter severity because fewer ungulates die during mild winters.
Due to their high digestibility and protein and lipid content, spawning cutthroat trout are one of the highest sources of digestible energy available to bears during early summer in Yellowstone National Park (Mealey 1975; Pritchard and Robbins 1990). Grizzly bears are known to prey on cutthroat trout in at least 36 different streams tributary to Yellowstone Lake (Reinhart and Mattson 1990). From 1997 to 1999, Haroldson et al. (2000) identified 85 different grizzly bears that had likely fished spawning streams tributary to Yellowstone Lake. While importance varies by season and year, few bears develop a dependence on this food source. Only four individuals visited spawning streams consistently every year, suggesting that this resource is used opportunistically. Fishing activity can occur any time during the spawning runs but generally coincides with peak spawning numbers in mid-June through mid-July. In contrast to earlier studies which used different assumptions and methods (Reinhart and Mattson 1990; Mattson and Reinhart 1995), Felicetti et al. (2004) showed that male grizzly bears are the primary consumers of cutthroat trout, accounting for 92 percent of all trout consumed by Yellowstone grizzly bears.
Alpine moth aggregations are an important food source for a considerable portion of the Yellowstone grizzly bear population (Mattson et al. 1991b). As many as 35 different grizzly bears with cubs-of-the-year have been observed feeding at moth sites in a single season (Ternent and Haroldson 2000). Some bears may feed almost exclusively on moths for a period of over 1 month (French et al. 1994). Moths have the highest caloric content per gram of any other bear food (French et al. 1994). Moths are available during late summer and early fall when bears consume large quantities of foods in order to acquire sufficient fat levels for winter (Mattson et al. 1991b)
son (Ternent and Haroldson 2000). Some bears may feed almost exclusively on moths for a period of over 1 month (French et al. 1994). Moths have the highest caloric content per gram of any other bear food (French et al. 1994). Moths are available during late summer and early fall when bears consume large quantities of foods in order to acquire sufficient fat levels for winter (Mattson et al. 1991b). A grizzly bear feeding extensively on moths over a 30-day period may consume up to 47 percent of its annual energy budget of 960,000 calories (White et al. 1999). Moths are also valuable to bears because they are located in remote areas, thereby reducing the potential for grizzly bear/human conflicts during the late-summer tourist months.
Due to their high fat content and potential abundance as a pre-hibernation food, whitebark pine seeds are an important fall food for bears in the GYA (Mattson and Jonkel 1990; Mattson et al. 1991a). Yellowstone grizzly bears consume whitebark pine seeds extensively when whitebark cones are available. Bears may feed predominantly on whitebark pine seeds when production exceeds 22 cones per tree (Mattson et al. 1992). During years of low whitebark pine seed availability, grizzly bears often seek alternate foods at lower elevations in association with human activities (Mattson et al. 1992; Knight and Blanchard 1995; Gunther et al. 1997, 2004).
The production and availability of these four major foods can have a positive effect on reproduction and survival rates of Yellowstone grizzly bears (Mattson et al. 2002). For example, during years when these food sources are abundant, there are few grizzly bear/human conflicts in the GYA (Mattson et al. 1992; Gunther et al. 1997; Gunther et al. 2004). Grizzly bear/human conflicts are incidents in which bears kill or injure people, damage property, kill or injure livestock, damage beehives, obtain anthropogenic foods, or damage or obtain garden and orchard fruits and vegetables (United States Department of Agriculture (USDA) 1986)
ere are few grizzly bear/human conflicts in the GYA (Mattson et al. 1992; Gunther et al. 1997; Gunther et al. 2004). Grizzly bear/human conflicts are incidents in which bears kill or injure people, damage property, kill or injure livestock, damage beehives, obtain anthropogenic foods, or damage or obtain garden and orchard fruits and vegetables (United States Department of Agriculture (USDA) 1986). In contrast, during years when there are shortages of natural food sources, grizzly bear/human conflicts are more frequent, resulting in higher numbers of human-caused grizzly bear mortalities due to defense of life or property and management removals of nuisance bears (Mattson et al. 1992; Gunther et al. 2004). A nuisance bear is one that seeks human food in human use areas, kills lawfully present livestock, or displays unnatural aggressive behavior towards people (USDA 1986). Introduced organisms ( e.g., white pine blister rust and lake trout), habitat loss, and other human activities can negatively impact the quantity and distribution of these four primary foods (Reinhart et al. 2001). The effects of invasive species on food supply and human/bear conflict are discussed in more detail in the five factor analysis.
Recovery
Prior to the arrival of Europeans, the grizzly bear occurred throughout the western half of the contiguous United States, central Mexico, western Canada, and most of Alaska (Roosevelt 1907; Wright 1909; Merriam 1922; Storer and Tevis 1955; Rausch 1963; Herrero 1972; Mattson et al. 1995; Schwartz et al. 2003a). Pre-settlement population levels for the western contiguous United States were believed to be in the range of 50,000 animals (Servheen 1999). With European settlement of the American west, grizzly bears were shot, poisoned, and trapped wherever they were found, and the resulting range and population declines were dramatic (Roosevelt 1907; Wright 1909; Storer and Tevis 1955; Leopold 1967; Koford 1969; Craighead and Mitchell 1982; Mattson et al. 1995)
iguous United States were believed to be in the range of 50,000 animals (Servheen 1999). With European settlement of the American west, grizzly bears were shot, poisoned, and trapped wherever they were found, and the resulting range and population declines were dramatic (Roosevelt 1907; Wright 1909; Storer and Tevis 1955; Leopold 1967; Koford 1969; Craighead and Mitchell 1982; Mattson et al. 1995). The range and numbers of grizzlies were reduced to less than 2 percent of their former range and numbers by the 1930s, approximately 125 years after first contact (Service 1993; Mattson et al. 1995; Servheen 1999). Of 37 grizzly populations present in 1922, 31 were extirpated by 1975 (Servheen 1999).
By the 1950s, with little or no conservation effort or management directed at maintaining grizzly bears anywhere in their range, the Yellowstone area population had been reduced in numbers and was restricted largely to the confines of Yellowstone et al. 1995; Schwartz et al. 2003a). High grizzly bear mortality in 1970 and 1971, following closure of the open-pit dumps in Yellowstone National Park (Gunther 1994; Craighead et al. 1995), and concern about grizzly population status throughout its remaining range prompted the 1975 listing of the grizzly bear as a threatened species in the lower 48 States under the ESA (40 FR 31734). When the grizzly bear was listed in 1975, the population estimate in the Yellowstone Ecosystem ranged from 229 (Craighead et al. 1974) to 312 (Cowan et al. 1974; McCullough 1981) individuals.
In 1981, the Service hired a grizzly bear recovery coordinator to direct recovery efforts and to coordinate all agency efforts on research and management of grizzly bears in the lower 48 States. In 1982, the first Grizzly bear recovery plan was completed (Service 1982). The 1982 Grizzly Bear Recovery Plan identified five ecosystems within the conterminous United States thought to support grizzly bears
981, the Service hired a grizzly bear recovery coordinator to direct recovery efforts and to coordinate all agency efforts on research and management of grizzly bears in the lower 48 States. In 1982, the first Grizzly bear recovery plan was completed (Service 1982). The 1982 Grizzly Bear Recovery Plan identified five ecosystems within the conterminous United States thought to support grizzly bears. Today, grizzly bear distribution is primarily within, but not limited to, the areas identified as Recovery Zones (Service 1993), including the Yellowstone area in northwest Wyoming, eastern Idaho, and southwest Montana (24,000 sq km (9,200 sq mi)) at more than 580 bears (Interagency Grizzly Bear Study Team (Study Team) 2005); the Northern Continental Divide Ecosystem (NCDE) of north central Montana (25,000 sq km (9,600 sq mi)) at more than 400 bears (70 FR 24870; May 11, 2005); the North Cascades area of north central Washington (25,000 sq km (9,500 sq mi)) at less than 20 bears (Almack et al. 1993); the Selkirk Mountains area of north Idaho, northeast Washington, and southeast British Columbia (5,700 sq km (2,200 sq mi)) at approximately 40 to 50 bears (64 FR 26725, May 17, 1999; 70 FR 24870, May 11, 2005); and the Cabinet-Yaak area of northwest Montana and northern Idaho (6,700 sq km (2,600 sq mi)) at approximately 30 to 40 bears (Kasworm and Manley 1988; Kasworm et al. 2004). There is an additional Recovery Zone known as the Bitterroot Recovery Zone in the Bitterroot Mountains of east-central Idaho and western Montana (14,500 sq km (5,600 sq mi)), but this area does not contain any grizzly bears at this time (Service 1996; 65 FR 69624, November 17, 2000; Service 2000). The San Juan Mountains of Colorado also were identified as an area of possible grizzly bear occurrence (40 FR 31734, July 28, 1975; Service 1982, 1993), but no evidence of grizzly bears has been found in the San Juan Mountains since a bear was killed there in 1979 (Service 1993)
this area does not contain any grizzly bears at this time (Service 1996; 65 FR 69624, November 17, 2000; Service 2000). The San Juan Mountains of Colorado also were identified as an area of possible grizzly bear occurrence (40 FR 31734, July 28, 1975; Service 1982, 1993), but no evidence of grizzly bears has been found in the San Juan Mountains since a bear was killed there in 1979 (Service 1993).
In the initial Grizzly Bear Recovery Plan, the Yellowstone Grizzly Bear Ecosystem, later called the Yellowstone Grizzly Bear Recovery Zone, was defined as an area large enough and of sufficient habitat quality to support a recovered grizzly bear population within which the population and habitat would be monitored (Service 1982, 1993). A revised Grizzly Bear Recovery Plan (Service 1993) included additional tasks and new information that increased the focus and effectiveness of recovery efforts.
Grizzly bear recovery has required cooperation among numerous Federal agencies, State agencies, non-government organizations (NGOs), local governments, and citizens. In recognition that grizzly bear populations were unsustainably low, the Interagency Grizzly Bear Study Team (hereafter referred to as the Study Team) was created in 1973 to provide detailed scientific information for the management and recovery of the grizzly bear in the Yellowstone area. Currently, members of the Study Team include scientists from the U.S. Geological Survey (USGS), U.S. Forest Service (USFS), the Service, academia, and each State game and fish agency involved in grizzly bear recovery. The Study Team has developed protocols to monitor grizzly bear populations and some important habitat parameters. These parameters have been used in demographic and habitat management.
In 1983, the Interagency Grizzly Bear Committee was created to coordinate management efforts and research actions across multiple Federal lands and States within the various Recovery Zones to recover the grizzly bear in the lower 48 States
ed protocols to monitor grizzly bear populations and some important habitat parameters. These parameters have been used in demographic and habitat management.
In 1983, the Interagency Grizzly Bear Committee was created to coordinate management efforts and research actions across multiple Federal lands and States within the various Recovery Zones to recover the grizzly bear in the lower 48 States. Its objective was to change land management practices to more effectively provide security and maintain or improve habitat conditions for the grizzly bear. The Interagency Grizzly Bear Committee is made up of upper level managers from all affected State and Federal agencies. Also in 1983, the Yellowstone Ecosystem Subcommittee, a subcommittee of the Interagency Grizzly Bear Committee, was formed to coordinate efforts specific to the Yellowstone area and to coordinate activities with the Interagency Grizzly Bear Committee. Members of the Yellowstone Ecosystem Subcommittee are mid-level managers and include representatives from the Shoshone National Forest; the Custer National Forest; the Beaverhead-Deerlodge National Forest; the Bridger-Teton National Forest; Gallatin National Forest; Targhee National Forest; Yellowstone National Park; Grand Teton National Park; the Wyoming Game and Fish Department (WGFD); the Montana Department of Fish, Wildlife, and Parks (MDFWP); the Idaho Department of Fish and Game (IDFG); the Bureau of Land Management (BLM); the Study Team; county government from each affected State; and the Service.
In 1994, The Fund for Animals, Inc., and 42 other organizations and individuals filed suit over the adequacy of the 1993 Recovery Plan. In 1995, the U.S
Fish Department (WGFD); the Montana Department of Fish, Wildlife, and Parks (MDFWP); the Idaho Department of Fish and Game (IDFG); the Bureau of Land Management (BLM); the Study Team; county government from each affected State; and the Service.
In 1994, The Fund for Animals, Inc., and 42 other organizations and individuals filed suit over the adequacy of the 1993 Recovery Plan. In 1995, the U.S. District Court for the District of Columbia issued an order that remanded for further study and clarification four issues that are relevant to the Yellowstone Ecosystem: (1) The method used to measure the status of bear populations; (2) the impacts of genetic isolation; (3) how mortalities related to livestock are monitored; and (4) the monitoring of disease ( Fund for Animals v. Babbitt , 903 F. Supp. 96 (D. D.C. 1995); 967 F. Supp. 6 (D. D.C. 1997)). Following this decision, all parties filed appeals. In 1996, the parties reached a settlement whereby the Service also agreed to append habitat-based recovery criteria to the Recovery Plan. These issues and the necessary supplements to the Recovery Plan as required by the court order and subsequent settlement are discussed in detail in this section and in the threats analysis.
Habitat Management and Habitat-based Recovery Criteria. In 1979, the Study Team developed the first comprehensive Guidelines for Management Involving Grizzly Bears in the Yellowstone area (hereafter referred to as the Guidelines) (Mealey 1979). The Service (1979) determined in a biological opinion that implementation of the Guidelines by Federal land management agencies would promote conservation of the grizzly bear. Beginning in 1979, the six affected National Forests (Beaverhead-Deerlodge, Bridger-Teton, Caribou-Targhee, Custer, Gallatin, and Shoshone), Yellowstone and Grand Teton National Parks, and BLM in the Yellowstone area began managing habitats for grizzly bears under direction specified in the Guidelines
he Guidelines by Federal land management agencies would promote conservation of the grizzly bear. Beginning in 1979, the six affected National Forests (Beaverhead-Deerlodge, Bridger-Teton, Caribou-Targhee, Custer, Gallatin, and Shoshone), Yellowstone and Grand Teton National Parks, and BLM in the Yellowstone area began managing habitats for grizzly bears under direction specified in the Guidelines.
In 1986, the Interagency Grizzly Bear Committee modified the Guidelines to more effectively manage habitat by mapping and managing according to three different management situations:
• Management Situation (1) Grizzly habitat maintenance and improvement, and grizzly bear/human conflict minimization receive the highest management priority;
• Management Situation (2) Grizzly bear use is important, but not the primary use of the area; or
• Management Situation (3) Grizzly habitat maintenance and improvement are not management considerations (USDA 1986).
Accordingly, the National Forests and National Parks delineated 18 different bear management units within the Recovery Zone to aid in managing habitat and monitoring population trends. Each bear management unit was further subdivided into subunits, resulting in a total of 40 subunits contained within the 18 bear management units. The bear management units are analysis areas that approximate the lifetime size of a female's home range, while subunits are analysis areas that approximate the annual home range size of adult females. Subunits provide the optimal scale for evaluation of seasonal feeding opportunities and landscape patterns of food availability for grizzly bears (Weaver et al. 1986). The bear management units and subunits were identified to provide enough quality habitat and to ensure that grizzly bears were well distributed across the recovery area.
Another tool employed to monitor habitat quality and assist in habitat management is the Yellowstone Grizzly Bear Cumulative Effects Model
ities and landscape patterns of food availability for grizzly bears (Weaver et al. 1986). The bear management units and subunits were identified to provide enough quality habitat and to ensure that grizzly bears were well distributed across the recovery area.
Another tool employed to monitor habitat quality and assist in habitat management is the Yellowstone Grizzly Bear Cumulative Effects Model. The model was designed to assess the inherent productivity of grizzly bear habitat and the cumulative effects of human activities on bear use of that habitat (Weaver et al. 1986; Dixon 1997; Mattson et al. 2002). The model uses GIS databases and relative value coefficients of human activities, vegetation, and key grizzly bear foods to calculate habitat value and habitat effectiveness (Weaver et al. 1986; Mattson et al. 2002). Habitat value is a relative measure of the average net digestible energy potentially available to bears in a subunit during each season. Habitat value is primarily a function of vegetation and major foods (Weaver et al. 1986; Dixon 1997). Habitat effectiveness is that part of the energy potentially derived from the area that is available to bears given their response to humans (Weaver et al. 1986; Dixon 1997; Mattson et al. 2002). More specifically, habitat effectiveness is a function of relative value coefficients of human activities, such as location, duration, and intensity of use for motorized access routes, non-motorized access routes, developed sites, and front- and back-country dispersed uses (Mattson et al. 2002). The Cumulative Effects Model is updated annually to reflect changes in vegetation, major foods, and the number and capacity of human activities.
As per a court settlement ( Fund for Animals v
uman activities, such as location, duration, and intensity of use for motorized access routes, non-motorized access routes, developed sites, and front- and back-country dispersed uses (Mattson et al. 2002). The Cumulative Effects Model is updated annually to reflect changes in vegetation, major foods, and the number and capacity of human activities.
As per a court settlement ( Fund for Animals v. Babbitt ) and as recommended by Recovery Plan Task Y423, the Service has worked to “establish a threshold of minimal habitat values to be maintained within each Cumulative Effects Analysis Unit in order to ensure that sufficient habitat is available to support a viable population” (Service 1993, p. 55). On June 17, 1997, the Service held a public workshop in Bozeman, Montana, to develop and refine habitat-based recovery criteria for the grizzly bear. A Federal Register notice notified the public of this workshop and provided interested parties an opportunity to participate and submit comments (62 FR 19777, April 23, 1997). After considering 1,167 written comments, the Service developed biologically-based habitat criteria with the overall goal of maintaining or improving habitat conditions at 1998 levels.
Recognizing that grizzly bears are opportunistic omnivores and that a landscape's ability to support grizzly bears is a function of overall habitat productivity, the distribution and abundance of major food sources, the levels and type of human activities, grizzly bear social systems, bear densities, and stochasticity, there is no known way to deductively calculate minimum habitat values. The Service instead inductively selected 1998 levels because it was known that these habitat values had adequately supported an increasing Yellowstone grizzly bear population throughout the 1990s (Eberhardt et al. 1994; Knight and Blanchard 1995; Knight et al. 1995; Boyce 2001) and that levels of secure habitat and the number and capacity of developed sites had changed little from 1988 to 1998 (USFS 2004)
ice instead inductively selected 1998 levels because it was known that these habitat values had adequately supported an increasing Yellowstone grizzly bear population throughout the 1990s (Eberhardt et al. 1994; Knight and Blanchard 1995; Knight et al. 1995; Boyce 2001) and that levels of secure habitat and the number and capacity of developed sites had changed little from 1988 to 1998 (USFS 2004). Specific habitat conditions or criteria include limiting road densities inside the Recovery Zone, maintaining or increasing levels of secure habitat, maintaining or improving habitat effectiveness values in secure habitat, and limiting further site development and livestock grazing allotments on public lands within the Yellowstone grizzly bear Recovery Zone. Additionally, the Service developed four general habitat-based parameters to monitor and relate to population information: (1) Productivity of the four major foods; (2) habitat effectiveness as measured by the Cumulative Effects Model; (3) grizzly bear mortality numbers, locations, and causes; grizzly bear/human conflicts; nuisance bear management actions; bear/hunter conflicts; and bear/livestock conflicts; and (4) development on private lands. A copy of the habitat-based criteria is available at http://mountain-prairie.fws.gov/species/mammals/grizzly/yellowstone.htm. This revised habitat-based recovery criteria will be appended to the Recovery Plan and is included in the Conservation Strategy. These habitat-based criteria have been maintained successfully at 1998 levels, and the Conservation Strategy ensures they will continue to be met in the foreseeable future (see Conservation Strategy).
Population and Demographic Management. Mortality control is a key part of any successful management effort; however, some mortality, including human-caused mortality, is unavoidable in a dynamic system where hundreds of bears inhabit thousands of square miles of diverse habitat with several million human visitors and residents
inue to be met in the foreseeable future (see Conservation Strategy).
Population and Demographic Management. Mortality control is a key part of any successful management effort; however, some mortality, including human-caused mortality, is unavoidable in a dynamic system where hundreds of bears inhabit thousands of square miles of diverse habitat with several million human visitors and residents. In 1977, Eberhardt documented that adult female survival was the most important of the vital rates influencing population trajectory. Low adult female survival was the critical factor causing decline in the Yellowstone area population prior to the mid-1980s (Knight and Eberhardt 1985). In the early 1980s, with the development of the first Grizzly Bear Recovery Plan (Service 1982), agencies began to control mortality and increase adult female survivorship (Interagency Grizzly Bear Committee 1983; USDA 1986; Knight et al. 1999). The Recovery Plan (Service 1982, revised 1993) established three demographic (population) goals to objectively measure and monitor recovery of the Yellowstone grizzly bear population:
Demographic Recovery Criterion 1 —Maintain a minimum of 15 unduplicated (only counted once) females with cubs-of-the-year over a running 6-year average both inside the Recovery Zone and within a 16-km (10-mi) area immediately surrounding the Recovery Zone. This recovery criterion has been met.
Demographic Recovery Criterion 2 —Sixteen of 18 bear management units within the Recovery Zone must be occupied by females with young, with no 2 adjacent bear management units unoccupied, during a 6-year sum of observations. This criterion is important as it ensures that reproductive females occupy the majority of the Recovery Zone and are not concentrated in one portion of the ecosystem. This recovery criterion has been met
on 2 —Sixteen of 18 bear management units within the Recovery Zone must be occupied by females with young, with no 2 adjacent bear management units unoccupied, during a 6-year sum of observations. This criterion is important as it ensures that reproductive females occupy the majority of the Recovery Zone and are not concentrated in one portion of the ecosystem. This recovery criterion has been met.
Demographic Recovery Criterion 3 —The running 6-year average for total known, human-caused mortality should not exceed 4 percent of the minimum population estimate in any 2
Although the Recovery Plan suggested calculating sustainable mortality as a percentage of the minimum population estimate (as outlined in Demographic Recovery Criterion 3), this method no longer represents the best scientific and commercial information available (see pages 9-11 of Study Team 2005). As per a court settlement ( Fund for Animals v. Babbit ) and as recommended by Recovery Plan Task Y11, the Service has worked to “determine population conditions at which the species is viable and self-sustaining,” and to “reevaluate and refine population criteria as new information becomes available” (Service 1993, p. 44). Beginning in 2000, the Study Team, at the request of the Service, began a comprehensive evaluation of the demographic data and the methodology used to estimate population size and establish the sustainable level of mortality to grizzly bears in the Yellowstone Ecosystem. Accordingly, the Study Team conducted a critical review of the current methods for calculating population size, estimating the known to unknown mortality ratio, and establishing sustainable mortality levels for the Yellowstone grizzly population (Study Team 2005)
odology used to estimate population size and establish the sustainable level of mortality to grizzly bears in the Yellowstone Ecosystem. Accordingly, the Study Team conducted a critical review of the current methods for calculating population size, estimating the known to unknown mortality ratio, and establishing sustainable mortality levels for the Yellowstone grizzly population (Study Team 2005). The product of this work is a 60-page report compiled by the Study Team that evaluates current methods, reviews recent scientific literature, examines alternative methods, and recommends the most valid technique based on these reviews (Study Team 2005) (accessible at http:// mountain-prairie.fws.gov/species/mammals/grizzly/yellowstone.htm ). The end result of this review is a revised method customized for the Yellowstone grizzly bear population for calculating total population size rather than minimum population size (Study Team 2005). This revised method will be appended to the Recovery Plan and included in the Conservation Strategy.
As with the previous method, the revised method uses counts of unduplicated females with cubs-of-the-year as the baseline data upon which the total population is calculated. From this, the total number of independent females (>2 years old) in the Yellowstone population is calculated (Keating et al. 2002). This number is then divided by the modeled sex ratio (Schwartz et al. 2005) of grizzly bears in the Yellowstone population to determine the total number of independent males (>2 years old) in the population. The last component of calculating a total population is to add the number of cubs less than 2 years old ( i.e. , dependent young.). This number is extrapolated from the number of females with cubs-of-the-year (Study Team 2005). Finally, by adding the number of independent males, independent females, and dependent young, the total population is determined
ent males (>2 years old) in the population. The last component of calculating a total population is to add the number of cubs less than 2 years old ( i.e. , dependent young.). This number is extrapolated from the number of females with cubs-of-the-year (Study Team 2005). Finally, by adding the number of independent males, independent females, and dependent young, the total population is determined. The revised method for calculating total population size produces a larger estimate than the current method which only calculates the minimum population size. For example, using the current method, the minimum population size in 2004 was 431 bears. Using the revised method, the total population estimate of Yellowstone grizzly bears in 2004 was 588 (Study Team 2005). The total population estimate is considered a more accurate representation of actual population size (Study Team 2005). Total population size is critical in determining sustainable mortality.
Also outdated is the Recovery Plan's total human-caused mortality limit and female human-caused mortality limit as outlined in Demographic Recovery Criterion 3. In 1986, Harris (1986) concluded that healthy grizzly bear populations could sustain approximately 6.5 percent human-caused mortality without population decline. To account for unknown/unreported deaths, the Service assumed that for every two bears known to be killed by human causes, there was one that was unknown. This approach on unknown mortalities resulted in the Service adopting a more conservative 4 percent limit on known human-caused grizzly bear mortalities in the Grizzly Bear Recovery Plan (Service 1993).
After critically reviewing the current method of establishing human-caused mortality limits, alternative methods, and scientific literature, the Study Team concluded that Harris' (1986) method was no longer the best available nor the most biologically valid (Study Team 2005)
servative 4 percent limit on known human-caused grizzly bear mortalities in the Grizzly Bear Recovery Plan (Service 1993).
After critically reviewing the current method of establishing human-caused mortality limits, alternative methods, and scientific literature, the Study Team concluded that Harris' (1986) method was no longer the best available nor the most biologically valid (Study Team 2005). As a result of this effort, the Study Team recommended revising the sustainable mortality limits for the Yellowstone population (Study Team 2005). The revised mortality limits are derived from a more accurate model for establishing sustainable mortality limits for grizzly bear populations (Schwartz et al. 2005).
The refined method resulted in new, calculated mortality limits for independent females, males, and dependent young. Unlike the previous method, which only counted human-caused mortalities against a 4 percent limit, the revised method counts all deaths of grizzly bears from any source against the limits. This includes: (1) Known and probable human-caused mortalities; (2) reported deaths due to natural and undetermined causes; and (3) calculated unreported human-caused mortalities. This new method is a much more comprehensive mortality management approach. Between 1980 and 2002, approximately 21 percent of all known grizzly bear deaths were from undetermined causes (Servheen et al. 2004). These deaths could not be counted against the 4 percent human-caused mortality limit using the previous method because the cause of death could not be confirmed. The previous method also assumed a 2-to-1 known-to-unknown mortality ratio. Many researchers hypothesize that the ratio of known-to-unknown mortality is much higher than 2-to-1 (Knight and Eberhardt 1985; McLellan et al. 1999). After careful consideration and using the best available science, the Study Team adopted a known-to-unknown mortalities ratio of 1-to-1.7 (Cherry et al. 2002; Study Team 2005)
previous method also assumed a 2-to-1 known-to-unknown mortality ratio. Many researchers hypothesize that the ratio of known-to-unknown mortality is much higher than 2-to-1 (Knight and Eberhardt 1985; McLellan et al. 1999). After careful consideration and using the best available science, the Study Team adopted a known-to-unknown mortalities ratio of 1-to-1.7 (Cherry et al. 2002; Study Team 2005).
For independent females, the revised annual mortality limit, not to be exceeded in 2 consecutive years, which includes all sources of mortality, is 9 percent of the total number of independent females. Simulations have shown that a 9 percent adult female mortality rate allows populations to increase at 3 percent per year with a stable to increasing population 95 percent of the time (Schwartz et al. 2005).
The revised mortality limit for independent males (≥2 years old), not to be exceeded in 3 consecutive years, is 15 percent of the total number of independent males and, like the limit for independent females, includes all sources of mortality. This level of mortality was sustainable under different population growth model scenarios simulated by Schwartz et al. (2005). The Study Team chose this limit because it approximates the level of male mortality in the GYA from 1983 to 2001, a period when population size was calculated to have increased at 4 to 7 percent each year (Schwartz et al. 2005). Independent males can endure a relatively high mortality rate without affecting the overall stability or trajectory of the population because they contribute little to overall population growth (Mace and Waller 1998; Wielgus 2002; Study Team 2005; Schwartz et al. 2005).
For dependent young (<2 years old), the mortality limit, not to be exceeded in 3 consecutive years, is 9 percent of the total number of dependent young (Study Team 2005). However, this only includes known and probable human-caused mortalities
of the population because they contribute little to overall population growth (Mace and Waller 1998; Wielgus 2002; Study Team 2005; Schwartz et al. 2005).
For dependent young (<2 years old), the mortality limit, not to be exceeded in 3 consecutive years, is 9 percent of the total number of dependent young (Study Team 2005). However, this only includes known and probable human-caused mortalities. This limit is less
Annual allowable mortality limits for each bear class (independent female, independent male, dependent young) are calculated as a running 3-year average based on total population estimates of each bear class for the current year and the 2 preceding years (Study Team 2005). This dampens variability and provides managers with inter-annual stability in the threshold number of mortalities allowed. The Study Team calculates both the total population size and the mortality limits within an area designated by the Conservation Strategy (see The Conservation Strategy section) that overlaps and extends beyond suitable habitat (Figure 1, see Application of the Distinct Population Segment Policy section). Future changes to either of these methods will be based on the best scientific information available. This revised methodology for calculating total population size and establishing sustainable mortality limits will be appended to the Recovery Plan prior to our making a final determination on this proposed action and included in the Conservation Strategy. Applying this method to 1999 to 2004 data, these mortality limits have not been exceeded for consecutive years for any bear class.
Maintaining Genetic Diversity . As per a court settlement ( Fund for Animals v. Babbitt ), measurable criteria to assess genetic isolation will be appended to the existing Yellowstone chapter of the 1993 Grizzly Bear Recovery Plan (Service 1993) before we make a final determination on this proposed action
ta, these mortality limits have not been exceeded for consecutive years for any bear class.
Maintaining Genetic Diversity . As per a court settlement ( Fund for Animals v. Babbitt ), measurable criteria to assess genetic isolation will be appended to the existing Yellowstone chapter of the 1993 Grizzly Bear Recovery Plan (Service 1993) before we make a final determination on this proposed action. Changes in genetic diversity must be monitored over time in order to make sound decisions regarding the need for augmentation of new individuals to increase diversity if it is being lost. When the Recovery Plan was revised in 1993, many of the genetic techniques and markers commonly used today to assess genetic diversity and isolation were just being developed. Following direction from the Court, the Service reviewed the best available and most recent scientific information pertaining to genetic monitoring and established measurable genetic criteria based on this review. This document was made available for public review in 1997 (62 FR 47677; September 10, 1997). A draft of this document is available for viewing online at http://mountain-prairie.fws.gov/species/mammals/grizzly/yellowstone.htm . This revised genetics recovery criteria will be appended to the Recovery Plan and included in the Conservation Strategy. Long-term management of genetic diversity is discussed in more detail under Factor E.
The Conservation Strategy. In order to ensure the long-term preservation of a viable population, the Recovery Plan calls for the development of “a conservation strategy to outline habitat and population monitoring that will continue in force after recovery” (Recovery Plan Task Y426) (Service 1993, p. 55). To accomplish this goal, in 1993, the Service created the Interagency Conservation Strategy Team which included biologists from the National Park Service (NPS), the USFS, the Service, the IDFG, the WGFD, and MTFWP
for the development of “a conservation strategy to outline habitat and population monitoring that will continue in force after recovery” (Recovery Plan Task Y426) (Service 1993, p. 55). To accomplish this goal, in 1993, the Service created the Interagency Conservation Strategy Team which included biologists from the National Park Service (NPS), the USFS, the Service, the IDFG, the WGFD, and MTFWP.
In March 2000, a draft Conservation Strategy for the GYA was released for public review and comment (65 FR 11340; March 2, 2000). Also in 2000, a Governors' Roundtable was organized to provide recommendations from the perspectives of the three States that would be involved with grizzly bear management after delisting. In 2002, the draft Final Conservation Strategy for the Grizzly Bear in the Greater Yellowstone Area (hereafter referred to as the Strategy) was released, along with drafts of State grizzly bear management plans (all accessible at http:// mountain-prairie.fws.gov/species/mammals/grizzly/yellowstone.htm ). The Service will sign the Strategy, and it will go into effect if we finalize this proposed action.
The purpose of the Strategy and associated State and Federal implementation plans is to—(1) describe, summarize, and implement the coordinated efforts to manage the grizzly bear population and its habitat to ensure continued conservation of the Yellowstone grizzly bear population; (2) specify and implement the population, habitat, and nuisance bear standards to maintain a recovered grizzly bear population for the foreseeable future; (3) document the regulatory mechanisms and legal authorities, policies, management, and monitoring programs that exist to maintain the recovered grizzly bear population; and (4) document the actions which the participating agencies have agreed to implement.
The Strategy identifies and provides a framework for managing two areas, the Primary Conservation Area (PCA) and adjacent areas of suitable habitat where occupancy by grizzly bears is anticipated
ities, policies, management, and monitoring programs that exist to maintain the recovered grizzly bear population; and (4) document the actions which the participating agencies have agreed to implement.
The Strategy identifies and provides a framework for managing two areas, the Primary Conservation Area (PCA) and adjacent areas of suitable habitat where occupancy by grizzly bears is anticipated. The PCA boundaries (containing 23,853 sq km (9,210 sq mi)) correspond to those of the Yellowstone Recovery Zone (Service 1993) and will replace the Recovery Zone boundary if this proposed delisting is finalized (Figure 1 (see Application of the Distinct Population Segment Policy section)). The PCA contains adequate seasonal habitat components needed to support the recovered Yellowstone grizzly bear population for the foreseeable future and to allow bears to continue to expand outside the PCA. The PCA includes approximately 51 percent of the suitable habitat within the DPS and approximately 90 percent of the population of female grizzly bears with cubs (Schwartz 2005, unpublished data).
The Strategy will be implemented and funded by both Federal and State agencies within the Yellowstone DPS. These Federal agencies will cooperate with the State wildlife agencies, MTFWP, IGFD, and WDFG, to implement the Strategy and its protective habitat and population standards. The USFS and NPS (which own and manage approximately 98 percent of the PCA) will be responsible for maintaining or improving habitat standards inside the PCA and monitoring population criteria. Specifically, Yellowstone National Park; Grand Teton National Park; and the Shoshone, the Beaverhead-Deerlodge, the Bridger-Teton, the Caribou-Targhee, the Custer, and the Gallatin National Forests are the primary areas with Federal agencies responsible for implementing the Strategy
ill be responsible for maintaining or improving habitat standards inside the PCA and monitoring population criteria. Specifically, Yellowstone National Park; Grand Teton National Park; and the Shoshone, the Beaverhead-Deerlodge, the Bridger-Teton, the Caribou-Targhee, the Custer, and the Gallatin National Forests are the primary areas with Federal agencies responsible for implementing the Strategy. Affected National Forests and National Parks are currently in the process of incorporating the habitat standards and criteria into their Forest Plans and National Park management plans via appropriate amendment processes so that they are legally applied to these public lands within the proposed Yellowstone DPS boundaries. The Service would not finalize this proposed action until these amendments to current management plans are completed.
Outside of the PCA, grizzly bears will be allowed to expand into suitable habitat. Here the objective is to maintain existing resource management and recreational uses and to allow agencies to respond to demonstrated problems with appropriate management actions. The key to successful management of grizzly bears outside of the PCA lies in their successfully utilizing lands not managed solely for bears, but in which their needs are considered along with other uses. Currently, approximately 10
This differential management standard (one standard inside the PCA and another standard for suitable habitat outside the PCA) has been successful in the past (see USFS 2004, p. 19). Lands within the PCA/Recovery Zone are currently managed primarily to maintain grizzly bear habitat, whereas lands outside of the PCA/Recovery Zone boundaries are managed with more consideration for human uses (Service 1993). Such flexible management promotes communication and tolerance for grizzly bear recovery. As grizzly bear populations within the Recovery Zone have rebounded in response to recovery efforts, there has been a gradual natural recolonization of suitable habitat outside of the PCA/Recovery Zone
utside of the PCA/Recovery Zone boundaries are managed with more consideration for human uses (Service 1993). Such flexible management promotes communication and tolerance for grizzly bear recovery. As grizzly bear populations within the Recovery Zone have rebounded in response to recovery efforts, there has been a gradual natural recolonization of suitable habitat outside of the PCA/Recovery Zone. Today, most suitable habitat outside of the Recovery Zone is occupied by grizzly bears (68 percent).
The Strategy is an adaptive, dynamic document that establishes a framework to incorporate new and better scientific information as it becomes available or as necessary in response to environmental changes. Ongoing review and evaluation of the effectiveness of the Strategy is the responsibility of the State and Federal managers and will be updated by the management agencies every 5 years or as necessary, allowing public comment in the updating process.
Previous Federal Actions
On July 28, 1975, the grizzly bear was designated as threatened in the conterminous (lower 48) United States (40 FR 31734). On November 5, 1976, the Service proposed critical habitat for the grizzly bear (41 FR 48757). This proposed rule was never finalized and we withdrew this proposed designation in 1979 because the 1978 amendments to the ESA (16 U.S.C. 1531 et seq. ) imposed additional obligations on the Service, such as economic analysis, that had not been adequately addressed in the proposal.
At the time of listing, special regulations were issued in conjunction with the listing determination, and were incorporated into 50 CFR 17.40(b). These rules provided general protection to the species, but allowed take under certain conditions to defend human life, to eliminate nuisance animals, and to carry out research
economic analysis, that had not been adequately addressed in the proposal.
At the time of listing, special regulations were issued in conjunction with the listing determination, and were incorporated into 50 CFR 17.40(b). These rules provided general protection to the species, but allowed take under certain conditions to defend human life, to eliminate nuisance animals, and to carry out research. Legal grizzly bear mortality has been almost entirely due to removal of chronic nuisance bears by government bear managers due to repeated human/bear conflicts or to killing by humans in self-defense or defense of others (Gunther et al. 2004; Servheen et al. 2004). In addition, a limited sport hunting season was authorized in a specified portion of northwestern Montana; these rules were modified in 1985 (50 FR 35086; August 29, 1985) and 1986 (51 FR 33753; September 23, 1986). A similar, limited hunt was proposed for the Yellowstone Ecosystem in October of 1989 (54 FR 42524; October 17, 1989), but this rule was never finalized. The Service withdrew the hunt provisions of 50 CFR 17.40(b) (see 57 FR 37478) in response to a court decision that declared 50 CFR 17.40(b)(1)(i)(E) invalid and enjoined the Service from authorizing a grizzly bear hunt ( Fund for Animals, Inc. , v. Turner , Civil No. 91-2201 (MB), September 27, 1991) (57 FR 37478; August 19, 1992).
According to the Grizzly Bear Recovery Plan (Service 1982, 1993), individual populations could be delisted as recovery goals were achieved (Service 1982, 1993). In the 1990s, the Service received a number of petitions to change the status of several grizzly bear populations. The Service issued warranted-but-precluded petition findings to reclassify the grizzly bear in the North Cascade Ecosystems as endangered in 1991 and 1998 (56 FR 33892, July 24, 1991; 63 FR 30453, June 4, 1998)
ns could be delisted as recovery goals were achieved (Service 1982, 1993). In the 1990s, the Service received a number of petitions to change the status of several grizzly bear populations. The Service issued warranted-but-precluded petition findings to reclassify the grizzly bear in the North Cascade Ecosystems as endangered in 1991 and 1998 (56 FR 33892, July 24, 1991; 63 FR 30453, June 4, 1998). The Service also issued warranted-but-precluded petition findings to reclassify the grizzly bear in the Cabinet-Yaak Ecosystems as endangered in 1993 and 1999 (58 FR 8250, February 12, 1993; 64 FR 26725, May 17, 1999). Finally, the Service issued a not warranted petition finding to uplist the Selkirk Ecosystem bears in 1993 (58 FR 8250; February 12, 1993), followed by a warranted-but-precluded petition finding in 1999 (64 FR 26725; May 17, 1999). The Service reviewed these warranted-but-precluded findings in the 1999 (64 FR 57533; October 25, 1999), 2001 (66 FR 54808; October 30, 2001), 2002 (67 FR 40657; June 13, 2002), 2003 (69 FR 24876; May 4, 2004), and 2004 (70 FR 24870; May 11, 2005) Candidate Notices of Review. These actions remain precluded by higher priority actions. The Service's decision to manage each population separately, including each population's listing status, predated our DPS policy (61 FR 4722; February 7, 1996). None of the above decisions included formal DPS analysis, although the warranted uplisting petition finding in 1999 (64 FR 26725; May 17, 1999) included a preliminary DPS analysis. In preparation for future application of the DPS policy, beyond this action, including that required to implement warranted-but-precluded uplistings or any additional reclassification proposals, we are currently collecting additional genetic and bear movement information. The Service expects that this information will be available within the next few years
999) included a preliminary DPS analysis. In preparation for future application of the DPS policy, beyond this action, including that required to implement warranted-but-precluded uplistings or any additional reclassification proposals, we are currently collecting additional genetic and bear movement information. The Service expects that this information will be available within the next few years. In anticipation of this information, the Service intends to initiate a 5-year review of all listed grizzly bear populations in the conterminous States, including an evaluation of the appropriate application of the DPS policy and the threats facing each listable entity should this proposed rule be finalized. Adequate information of this type already exists for the Yellowstone grizzly bear population.
This proposed delisting action was not prompted by a petition. However, there was a March 31, 2004, petition from the Wyoming Farm Bureau Federation requesting that we declare the grizzly bear in the GYA as a DPS (Hamilton et al. in litt. 2004). This petition did not seek to change the status of grizzly bears as a threatened species in any or all of the species' range. On May 17, 2004, the Service responded that section 4 of the ESA limits petitionable actions to listing, delisting, designation or modification of critical habitat, or reclassification of the status of a species (meaning whether a species is classified as endangered or threatened) and that this petition did not fit any of these categories (Blankenship in litt. 2004). Instead, petitioners were informed that the requested action falls within the authority of the Administrative Procedures Act; that the Service was currently considering the Yellowstone population for delisting; and that an evaluation of the Yellowstone grizzly bear recovery area as a potential DPS was a part of this process. The Administrative Procedures Act provides no statutory time periods for processing petitions, but this action, if finalized, will address this petition
uthority of the Administrative Procedures Act; that the Service was currently considering the Yellowstone population for delisting; and that an evaluation of the Yellowstone grizzly bear recovery area as a potential DPS was a part of this process. The Administrative Procedures Act provides no statutory time periods for processing petitions, but this action, if finalized, will address this petition.
Distinct Vertebrate Population Segment Policy Overview
Pursuant to the ESA, we shall consider for listing any species, subspecies, or, for vertebrates, any DPS of these taxa if there is sufficient information to indicate that such action may be warranted. To interpret and implement the DPS provision of the ESA and congressional guidance, the Service and the National Marine Fisheries Service published, on December 21, 1994, a draft Policy Regarding the Recognition of Distinct Vertebrate Population Segments under the ESA and invited public comments on it (59 FR 65884). After review of comments and further consideration, the Services adopted the interagency policy as issued in draft form, and published it in the Federal Register on February 7, 1996 (61 FR 4722). This policy addresses the establishment of DPSs for potential listing actions.
Under our DPS policy, three factors are considered in a decision regarding the establishment of a possible DPS. These are applied similarly for additions to the list of endangered and threatened species, reclassification, and removal from the list. They are—(1) discreteness of the population segment in relation to the remainder of the taxon ( i.e., U. a. horribilis); (2) the significance of the population segment to the taxon to which it belongs ( i.e., U. a. horribilis); and (3) the population segment's conservation status in relation to the ESA's standards for listing ( i.e. , is the population segment, when treated as if it were a species, endangered or threatened)
f the population segment in relation to the remainder of the taxon ( i.e., U. a. horribilis); (2) the significance of the population segment to the taxon to which it belongs ( i.e., U. a. horribilis); and (3) the population segment's conservation status in relation to the ESA's standards for listing ( i.e. , is the population segment, when treated as if it were a species, endangered or threatened).
Application of the Distinct Population Segment Policy
Although the Vertebrate Population Policy does not allow State or other intra-national governmental boundaries to be used in determining the discreteness of a potential DPS, an artificial or manmade boundary may be used as a boundary of convenience in order to clearly identify the geographic area included within a DPS designation. Easily identifiable manmade projects, such as interstate highways, Federal highways, and State highways, also can serve as a boundary of convenience for delineating a DPS. Thus, the proposed Yellowstone DPS consists of: That portion of Idaho that is east of Interstate Highway 15 and north of U.S. Highway 30; and that portion of Montana that is east of Interstate Highway 15 and south of Interstate Highway 90; that portion of Wyoming south of Interstate Highway 90, west of Interstate Highway 25, Wyoming State Highway 220, and U.S. Highway 287 south of Three Forks (at the 220 and 287 intersection), and north of Interstate Highway 80 and U.S. Highway 30 (Figure 1, below).
The core of the proposed Yellowstone DPS is the Yellowstone Recovery Zone (24,000 sq km (9,200 sq mi)) (Service 1982, 1993). The Yellowstone Recovery Zone includes Yellowstone National Park; Grand Teton National Park; John D. Rockefeller Memorial Parkway; sizable contiguous portions of the Shoshone, Bridger-Teton, Targhee, Gallatin, Beaverhead-Deerlodge, and Custer National Forests; BLM lands; and surrounding State and private lands (Service 1993)
lowstone Recovery Zone (24,000 sq km (9,200 sq mi)) (Service 1982, 1993). The Yellowstone Recovery Zone includes Yellowstone National Park; Grand Teton National Park; John D. Rockefeller Memorial Parkway; sizable contiguous portions of the Shoshone, Bridger-Teton, Targhee, Gallatin, Beaverhead-Deerlodge, and Custer National Forests; BLM lands; and surrounding State and private lands (Service 1993). As grizzly bear populations have rebounded and densities have increased, bears have expanded their range beyond the Recovery Zone, into other suitable habitat. Grizzly bears in this area now occupy about 36,940 sq km (14,260 sq mi) in and around the Yellowstone Recovery Zone (Schwartz et al. 2002; Schwartz 2005, unpublished data). No grizzly bears originating from the Yellowstone Recovery Zone have been suspected or confirmed beyond the borders of the proposed Yellowstone DPS.
BILLING CODE 4310-55-U EP17NO05.000
BILLING CODE 4310-55-C Analysis for Discreteness
Under our Policy Regarding the Recognition of Distinct Vertebrate Population Segments, a population segment of a vertebrate species may be considered discrete if it satisfies either one of the following conditions—(1) It is markedly separated from other populations of the same taxon ( i.e. , U. a. horribilis ) 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 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) (“the inadequacy of existing regulatory mechanisms”) of the ESA.
The Yellowstone grizzly bear population is the southernmost population remaining in the conterminous States and has been physically separated from other areas where grizzly bears occur for at least 100 years (Merriam 1922; Miller and Waits 2003)
tus, or regulatory mechanisms exist that are significant in light of section 4(a)(1)(D) (“the inadequacy of existing regulatory mechanisms”) of the ESA.
The Yellowstone grizzly bear population is the southernmost population remaining in the conterminous States and has been physically separated from other areas where grizzly bears occur for at least 100 years (Merriam 1922; Miller and Waits 2003). The nearest population of grizzly bears is found in the NCDE. These populations are separated by land ownership, vegetation, and topographic patterns which have promoted human occupation, development, and land uses in the intervening valleys between large blocks of mountainous, public lands (Servheen et al. 2003). These human activities increase grizzly bear mortality risk by increasing the frequency of encounters with humans, which increases the chances for grizzly bear/human conflicts (Mattson et al. 1996). The end result of this increased mortality risk in the intervening valleys is a functional barrier to grizzly bear movement across the landscape and connectivity between the GYA and the NCDE.
As of 2005, grizzly bears from the Yellowstone area have not migrated north across Interstate 90 (the northern boundary of the proposed DPS), probably for at least the last century (Miller and Waits 2003). Meanwhile, during the last decade, there have been occasional anecdotal reports of grizzly bears from the NCDE as far south as Highway 12 near Helena, Montana. These unverified reports are approximately 130 km (80 mi) north of the most northerly Yellowstone grizzly bears. This distance is too far for normal grizzly bear dispersal distances of roughly 10 to 40 km (6 to 25 mi) (McLellan and Hovey 2001; Proctor et al. 2004) to effectively connect the NCDE population with the proposed Yellowstone DPS. There is currently no connectivity, nor are there any resident grizzly bears in the area, between these two separate grizzly bear populations
y Yellowstone grizzly bears. This distance is too far for normal grizzly bear dispersal distances of roughly 10 to 40 km (6 to 25 mi) (McLellan and Hovey 2001; Proctor et al. 2004) to effectively connect the NCDE population with the proposed Yellowstone DPS. There is currently no connectivity, nor are there any resident grizzly bears in the area, between these two separate grizzly bear populations. Although future connectivity through this area may be possible as grizzly bear populations expand, grizzly bears in the Yellowstone area remain an island population separated from other grizzly bears further north by about 210 km (130 mi).
Because the Yellowstone Ecosystem represents the most southerly population of grizzly bears, connectivity further south is not an issue. Additionally, connectivity east also is irrelevant to this action as grizzly bears in the lower 48 States no longer exist east of the Yellowstone area, and most of the habitat is unsuitable for grizzly bears. Finally, connectivity west into the Bitterroot Mountains is irrelevant to this action because no bears have been documented in this ecosystem in the past 30 years (Service 1993; 65 FR 69624, November 17, 2000; Service 2000).
Genetic data also support the conclusion that grizzly bears from the Yellowstone area are markedly separated from other grizzly bears. Genetic studies involving heterozygosity (provides a measure of genetic variation in either a population or individual) estimates at 8 microsatellite loci show 55 percent heterozygosity in the Yellowstone area grizzly bears compared to 69 percent in the NCDE bears (Paetkau et al. 1998). Heterozygosity is a useful measure of genetic diversity with higher values indicative of greater genetic variation and evolutionary potential. High levels of genetic variation are indicative of high levels of connectivity among populations or high numbers of breeding animals
percent heterozygosity in the Yellowstone area grizzly bears compared to 69 percent in the NCDE bears (Paetkau et al. 1998). Heterozygosity is a useful measure of genetic diversity with higher values indicative of greater genetic variation and evolutionary potential. High levels of genetic variation are indicative of high levels of connectivity among populations or high numbers of breeding animals. By comparing heterozygosity of extant bears to samples from Yellowstone grizzlies of the early 1900s, Miller and Waits (2003) concluded that gene flow and therefore population connectivity, between the Yellowstone area grizzly population and populations to the north was very low historically, even prior to the arrival of settlers. The reasons for this historic limitation of gene flow are unclear. Increasing levels of human activity and settlement in this intervening area over the last century further limited grizzly bear movements into and out of the Yellowstone area, resulting in even less connectivity than in the past.
Based on our analysis of the best available scientific information, we find that the Yellowstone area grizzly population and other remaining grizzly bears populations are markedly separated from each other. This contention is supported by evidence of physical separation between populations and evidence of genetic discontinuity. Therefore, the proposed Yellowstone DPS meets the criterion of discreteness under our Policy Regarding the Recognition of Distinct Vertebrate Population Segments.
Analysis for Significance
If we determine a population segment is discrete, we next consider available scientific evidence of its significance to the taxon ( i.e. , U. a. horribilis ) to which it belongs
nce of genetic discontinuity. Therefore, the proposed Yellowstone DPS meets the criterion of discreteness under our Policy Regarding the Recognition of Distinct Vertebrate Population Segments.
Analysis for Significance
If we determine a population segment is discrete, we next consider available scientific evidence of its significance to the taxon ( i.e. , U. a. horribilis ) to which it belongs. Our DPS policy states that this consideration may include, but is not limited to, the following—(1) Persistence of the discrete population segment in an ecological setting unusual or unique for the taxon; (2) Evidence that loss of the discrete population segment would result in a significant gap in the range of the taxon; (3) Evidence that the discrete population segment represents the only surviving natural occurrence of a taxon that may be more abundant elsewhere as an introduced population outside its historic range; and/or (4) Evidence that the discrete population segment differs markedly from other populations of the species in its genetic characteristics. Below we address Factors 1, 2, and 4. Factor 3 does not apply to the Yellowstone grizzly bear population because it is not the only surviving wild population of the species and, therefore, this factor is not included in our analysis for significance.
Unusual or Unique Ecological Setting. Grizzly bears in the Yellowstone area exist in a unique ecosystem that has greater access to large-bodied ungulates such as bison ( Bison bison ), elk ( Cervus elaphus ), and moose ( Alces alces ) and less access to fall berries than any other interior North American, European, or Asian grizzly bear population (Stroganov 1969; Mattson et al. 1991a; Jacoby et al. 1999; Schwartz et al. 2003). Unlike most other areas in the world where brown or grizzly bears still exist, the Yellowstone area ecosystem contains extensive populations of ungulates with an estimated 100,000 elk, 29,500 mule ( Odocoileus hemionus ) and white-tailed deer ( O
her interior North American, European, or Asian grizzly bear population (Stroganov 1969; Mattson et al. 1991a; Jacoby et al. 1999; Schwartz et al. 2003). Unlike most other areas in the world where brown or grizzly bears still exist, the Yellowstone area ecosystem contains extensive populations of ungulates with an estimated 100,000 elk, 29,500 mule ( Odocoileus hemionus ) and white-tailed deer ( O. virginianus ), 5,800 moose, 4,000 bison and relatively smaller population of pronghorn antelope ( Antilocapra americana ) (Service 1994; Toman et al. 1997; Smith et al. 2003). Although grizzly bears are successful omnivores, grizzlies in the rest of the conterminous States (Jacoby et al. 1999), most of Europe (Berducou et al. 1983; Clevenger et al. 1992; Dahle et al. 1998), and in Siberia (Stroganov 1969) rely on plant and insect materials et al. 1999). Concentration of isotopic nitrogen ( 15 N) in grizzly bear hair from Yellowstone grizzly bears suggests that meat constitutes 45 percent and 79 percent of the annual diet for females and males, respectively (Jacoby et al. 1999). These high percentages of meat in the diet for Yellowstone grizzly bears are in contrast to the 0 to 33 percent of meat in the diet of bears in the NCDE and 0 to 17 percent of meat in the diet in bears from the Cabinet-Yaak Ecosystem (Jacoby et al. 1999). Furthermore, the source of this animal meat is primarily large-bodied ungulates, not fish, as in other populations of brown bears in Alaska and Siberia (Stroganov 1969; Hilderbrand et al. 1996). Of particular relevance is grizzly bear use of wild bison, a species endemic to North America, but eradicated in most of the 48 States except the GYA by the end of the 19th century (Steelquist 1998). Although bison numbers have increased since this time, the vast majority of bison are found in managed or ranched herds (Steelquist 1998)
Alaska and Siberia (Stroganov 1969; Hilderbrand et al. 1996). Of particular relevance is grizzly bear use of wild bison, a species endemic to North America, but eradicated in most of the 48 States except the GYA by the end of the 19th century (Steelquist 1998). Although bison numbers have increased since this time, the vast majority of bison are found in managed or ranched herds (Steelquist 1998). Their habitat, bunchgrass prairie (tallgrass, mixed-grass, and shortgrass prairie), has been almost entirely converted to agricultural lands (Steelquist 1998), leaving little opportunity for existence in areas outside of the isolated refuges and ranches they are commonly found today. Mattson (1997) found that wild bison comprised the second largest source of ungulate meat (24 percent) consumed by Yellowstone grizzly bears, second only to elk (53 percent).
The Yellowstone grizzly population also exists in a unique ecological setting because it is able to use whitebark pine seeds as a major food source. Whitebark pine, a tree species found only in North America (Schmidt 1994), exhibits annual variation in seed crops with high seed production in some years and very low seed production in other years (Weaver and Forcella 1986; Morgan and Bunting 1992). During these years of high seed production, Yellowstone grizzly bears derive as much as 51 percent of their protein from pine nuts (Felicetti et al. 2003). In fact, grizzly bear consumption of ungulates decreases during years of high whitebark pine seed production (Mattson 1997). In most areas of North America where whitebark pine distribution overlaps with grizzly bear populations, bears do not consistently use this potential food source (Mattson and Reinhart 1994). This may be due to different climatic regimes which sustain berry-producing shrubs or simply the scarcity of whitebark pines in some areas of its range (Mattson and Reinhart 1994)
ed production (Mattson 1997). In most areas of North America where whitebark pine distribution overlaps with grizzly bear populations, bears do not consistently use this potential food source (Mattson and Reinhart 1994). This may be due to different climatic regimes which sustain berry-producing shrubs or simply the scarcity of whitebark pines in some areas of its range (Mattson and Reinhart 1994). Dependence of Yellowstone grizzly bears on whitebark pine is unique because in most areas of its range, whitebark pine has been significantly reduced in numbers and distribution due to the introduced pathogen whitepine blister rust ( Cronartium ribicola ) (Kendall and Keane 2001). While there is evidence of blister rust in whitebark pines in the Yellowstone area, the pathogen has been present for more than 50 years (McDonald and Hoff 2001) but very few trees have been infected (see Factor E). Due to this dependency of Yellowstone grizzly bears on animal and plant species endemic to North America and currently limited to the GYA, the population is significant to the taxon because of its unique ecological setting.
Significant Gap in the Range of the Taxon. Loss of the proposed Yellowstone DPS would represent a significant gap in the range of the taxon. As noted above, grizzly bears once lived throughout the North American Rockies from Alaska and Canada, and south into central Mexico. Grizzly bears have been extirpated from most of the southern portions of their historic range. Today, the proposed Yellowstone DPS represents the southernmost reach of the grizzly bear. The loss of this population would be significant because it would substantially curtail the range of the grizzly bear by moving the range approximately 4 degrees of latitude to the north. Thus, the loss of this population would result in a significant gap in the current range of the taxon
eir historic range. Today, the proposed Yellowstone DPS represents the southernmost reach of the grizzly bear. The loss of this population would be significant because it would substantially curtail the range of the grizzly bear by moving the range approximately 4 degrees of latitude to the north. Thus, the loss of this population would result in a significant gap in the current range of the taxon.
Given the grizzly bear's historic occupancy of the conterminous States and the portion of the historic range the conterminous States represent, recovery in the lower 48 States where the grizzly bear existed in 1975 when it was listed has long been viewed as important to the taxon (40 FR 31734). The proposed Yellowstone DPS is significant in achieving this objective as it is 1 of only 5 known occupied areas and constitutes approximately half of the remaining grizzly bears in the conterminous 48 States. Finally, the proposed Yellowstone DPS represents the only grizzly bear population not connected to bears in Canada.
Marked Genetic Differences. Several genetics studies have confirmed the uniqueness of grizzly bears in the Yellowstone area. The Yellowstone area population has been isolated from other grizzly bear populations for approximately 100 years or more (Miller and Waits 2003). Yellowstone grizzly bears have the lowest relative heterozygosity of any continental grizzly population yet investigated (Paetkau et al. 1998; Waits et al. 1998b). Only Kodiak Island grizzly bears, a different subspecies ( Ursus arctos middendorfi ), have lower heterozygosity scores (26.5 percent), reflecting as much as 12,000 years of separation from mainland populations (Paetkau et al. 1998; Waits et al. 1998b). Miller and Waits (2003) conclude that gene flow between the Yellowstone area and the closest remaining population was limited prior to the arrival of European settlers but could only speculate as to the reasons behind this historical separation
heterozygosity scores (26.5 percent), reflecting as much as 12,000 years of separation from mainland populations (Paetkau et al. 1998; Waits et al. 1998b). Miller and Waits (2003) conclude that gene flow between the Yellowstone area and the closest remaining population was limited prior to the arrival of European settlers but could only speculate as to the reasons behind this historical separation. The apparent long-term difference in heterozygosity between Yellowstone and other Montana populations indicates a unique set of circumstances in which limited movement between these areas has resulted in a markedly different genetic situation for the Yellowstone population.
We conclude that the Yellowstone grizzly population is significant because it exists in a unique ecological setting; the loss of this population would result in a significant gap in the range of the taxon; and this population's genetic characteristics differ markedly from other grizzly bear populations.
Conclusion of Distinct Population Segment Review
Based on the best available scientific information, as described above, we find that the Yellowstone grizzly bear population is discrete from other grizzly populations and significant to the remainder of the taxon ( i.e. , U. a. horribilis ). Because the Yellowstone grizzly bear population is discrete and significant, it warrants recognition as a DPS under the ESA. Therefore, the remainder of this proposed rule will focus on the Yellowstone DPS.
Summary of Factors Affecting the Species
Section 4 of the ESA and regulations promulgated to implement the listing provisions of the ESA (50 CFR part 424) set forth the procedures for listing, reclassifying, and delisting species. A species may be delisted, according to 50 CFR 424.11(d), if the best scientific and commercial data available demonstrate that the species is no longer endangered or threatened because of (1) Extinction; (2) recovery; or (3) error in the original data used for classification of the species
ons of the ESA (50 CFR part 424) set forth the procedures for listing, reclassifying, and delisting species. A species may be delisted, according to 50 CFR 424.11(d), if the best scientific and commercial data available demonstrate that the species is no longer endangered or threatened because of (1) Extinction; (2) recovery; or (3) error in the original data used for classification of the species. The analysis for a delisting due to recovery must be based on the five factors outlined in section 4(a)(1) of the ESA. This analysis must include an
A recovered population is one that no longer meets the ESA's definition of threatened or endangered. The ESA defines an endangered species as one that is in danger of extinction throughout all or a significant portion of its range. A threatened species is one that is likely to become an endangered species in the foreseeable future throughout all or a significant portion of its range.
The ESA defines “species” to also include any subspecies or, for vertebrates, any DPS. Because the Yellowstone grizzly bear population is discrete and significant, as defined above, it warrants recognition as a DPS under the ESA and our policy (61 FR 4722). Therefore, our analysis only covers the DPS.
For the purposes of this proposed rule, “foreseeable future” shall refer to approximately 100 years. This definition is based on 10 grizzly bear generations where a single female may take 10 years to replace herself in a population. This time period is also commonly used in population viability analyses of grizzly bear populations (Boyce 1995; Saether et al. 1998; Boyce et al. 2001).
For the purposes of this proposed rule, the “range” of this grizzly bear DPS is the area within the DPS boundaries where viable populations of the species now exist. As previously noted, we have defined the overall DPS boundary by existing roads for ease in determining its location
in population viability analyses of grizzly bear populations (Boyce 1995; Saether et al. 1998; Boyce et al. 2001).
For the purposes of this proposed rule, the “range” of this grizzly bear DPS is the area within the DPS boundaries where viable populations of the species now exist. As previously noted, we have defined the overall DPS boundary by existing roads for ease in determining its location. Bears occupy or can occupy all suitable habitat within the DPS boundary and a few individual bears occasionally occupy or pass through the areas we define as unsuitable habitat. Suitable habitat provides food, seasonal foraging opportunities, cover, denning areas, and security. We have defined suitable habitat for grizzly bears as areas having three characteristics—(1) being of adequate habitat quality and quantity to support grizzly bear reproduction and survival; (2) contiguous with the current distribution of Yellowstone grizzly bears such that natural re-colonization is possible; and (3) having low mortality risk as indicated through reasonable and manageable levels of grizzly bear/human conflicts. Unsuitable habitat consists of those areas within the DPS boundary that cannot support viable populations of grizzly bears.
The Statutory standard is whether the species is threatened in “all or a significant portion” of its range. Because the grizzly bear occupies all of its range within this DPS, we conducted the following threats assessment over the entire current range of the grizzly bear and throughout all suitable habitat within the DPS.
A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range
Habitat destruction and modification were major contributing factors leading to the ‘listing of the grizzly bear as a threatened species under the ESA in 1975 (40 FR 1734). Both the dramatic decreases in historical range and land management practices in formerly secure grizzly bear habitat lead to the 1975 listing (40 FR 1734)
ned Destruction, Modification, or Curtailment of Its Habitat or Range
Habitat destruction and modification were major contributing factors leading to the ‘listing of the grizzly bear as a threatened species under the ESA in 1975 (40 FR 1734). Both the dramatic decreases in historical range and land management practices in formerly secure grizzly bear habitat lead to the 1975 listing (40 FR 1734). To address this source of population decline, the Study Team was created in 1973 to collect, manage, analyze, and distribute science-based information regarding habitat and demographic parameters upon which to base management and recovery. Then, in 1983, the Interagency Grizzly Bear Committee was created to coordinate management efforts across multiple Federal lands and different States within the various Recovery Zones ultimately working to achieve recovery of the grizzly bear in the lower 48 States. Its objective was to change land management practices on Federal lands that supported grizzly bear populations at the time of listing to provide security and maintain or improve habitat conditions for the grizzly bear. Since 1986, National Forest and National Park plans have incorporated the Guidelines for Management Involving Grizzly Bears in the Yellowstone area (USDA 1986) to manage grizzly bear habitat in the Yellowstone Recovery Zone. The Service considers implementation of these Guidelines to be a primary factor contributing to the Yellowstone grizzly bear population’s recovery in the last 2 decades
bear. Since 1986, National Forest and National Park plans have incorporated the Guidelines for Management Involving Grizzly Bears in the Yellowstone area (USDA 1986) to manage grizzly bear habitat in the Yellowstone Recovery Zone. The Service considers implementation of these Guidelines to be a primary factor contributing to the Yellowstone grizzly bear population’s recovery in the last 2 decades.
Management improvements made as a result of the Guidelines include, but are not limited to—(1) Federal and State agency coordination to produce nuisance bear guidelines that allow a quick response to resolve and minimize grizzly bear/human confrontations; (2) reduced motorized access route densities through restrictions, decommissioning, and closures; (3) highway design considerations to facilitate population connectivity; (4) closure of some important habitat areas to all human access in National Parks during certain seasons that are particularly important to grizzlies; (5) closure of many areas in the GYA to oil and gas leasing or implementing restrictions such as no surface occupancy; (6) elimination of two sheep allotments on the Caribou-Targhee National Forest in 1998, resulting in a 46 percent decrease in total sheep animal months inside the Yellowstone Recovery Area; and (7) expanded Information and Education (IE) programs in the Yellowstone Recovery Area to help reduce the number of grizzly mortalities caused by big-game hunters. Overall, adherence to the Guidelines has changed land management practices on Federal lands to provide security and to maintain or improve habitat conditions for the grizzly bear. Implementation of these Guidelines has led to the successful rebound of the Yellowstone grizzly bear population, allowing it to significantly increase in size and distribution since its listing in 1975
tion was increasing at a rate of 4 to 7 percent per year between 1983 and 2001, and 1998 was within the time that this rate of increase was occurring. Because levels of secure habitat and developed sites remained relatively constant in the 10 years preceding 1998 (USFS 2004), the selection of 1998 assured that the habitat conditions that allowed this rate of population increase would be maintained. For each of the 40 bear management subunits, the 1998 baseline was determined through a GIS analysis of the amount of secure habitat, open and closed road densities, the number and capacity of livestock allotments, the number of developed sites on public lands, and habitat effectiveness.
Secure habitat refers to those areas with no motorized access that are at least 4 hectares (10 acres) in size and more than 500 meters (550 yards) from a motorized access route or reoccurring helicopter flight line (USFS 2004). Grizzly bear habitat security is primarily achieved by managing motorized access which—(1) minimizes human interaction and reduces potential grizzly bear mortality risk, (2) minimizes displacement from important habitat, (3) minimizes habituation to humans, and (4) provides habitat where energetic requirements can be met with limited disturbance from humans (Mattson et al. 1987; McLellan and Shackleton 1988; McLellan 1989; Mace et al. 1996; Mattson et al. 1996). Secure habitat is especially important to the survival and reproductive success of grizzly bears, especially adult female grizzly bears (Mattson et al. 1987; Interagency Grizzly Bear Committee 1994). In the 1998 baseline, secure habitat comprised 45.4 to 100 percent of the total area within a given subunit with an average of 86.2 percent throughout the entire PCA (Table 2 in Appendix F of the Strategy). These levels of secure habitat have been successfully maintained and will continue to be maintained and improved, where possible, as directed by the Conservation Strategy (Service 2003)
1994). In the 1998 baseline, secure habitat comprised 45.4 to 100 percent of the total area within a given subunit with an average of 86.2 percent throughout the entire PCA (Table 2 in Appendix F of the Strategy). These levels of secure habitat have been successfully maintained and will continue to be maintained and improved, where possible, as directed by the Conservation Strategy (Service 2003).
Open road densities of more than 1.6 km/2.6 sq km (1 mi/sq mi) were calculated for two seasons to account for seasonal road closures. The percentage of land within each subunit containing road density values higher than 1.6 km/2.6 sq km (1 mi/sq mi) in 1998 ranged from 0 to 46.1 percent, although the average for all subunits was only 10.7 percent. Lands containing total road density values of more than 3.2 km/2.6 sq km (2 mi/sq mi) in 1998 comprised 0 to 28.1 percent of the total area within each subunit, with the average for all subunits of 5.3 percent (Table 2 in Appendix F of the Strategy). These levels of motorized access have been effectively maintained or improved from 1998 levels, as per the habitat-based recovery criteria. The Conservation Strategy assures that they will continue to be managed at 1998 levels if this proposed delisting action is finalized (Service 2003).
Several subunits within the boundaries of the Gallatin National Forest (Henry's Lake No. 2, Gallatin No. 3, and Madison No. 2) within the PCA have been identified as needing improvement in access parameters. However, the high road density values and subsequently low levels of secure habitat in these subunits is primarily due to motorized access on private land (Appendix G in the Strategy). The Gallatin National Forest is working on several land exchange efforts with private parties in these subunits. These land exchanges allow management of the roads on these private parcels and increase the secure habitat in these subunits
density values and subsequently low levels of secure habitat in these subunits is primarily due to motorized access on private land (Appendix G in the Strategy). The Gallatin National Forest is working on several land exchange efforts with private parties in these subunits. These land exchanges allow management of the roads on these private parcels and increase the secure habitat in these subunits.
All the above-mentioned subunits on the Gallatin National Forest have the potential for improvement in the long term. The timing and amount of improvement will be determined through the Gallatin National Forest travel management planning process. The Travel Plan will amend the Gallatin Forest Plan and set a 1998 baseline for access values in these subunits. This travel Plan for the Gallatin National Forest is in revision as of 2005.
The Gallatin Range Consolidation and Protection Act of 1993 (Pub. L. 103-91) and the Gallatin Range Consolidation Act of 1998 (Pub. L. 105-267) will result in trading timber for land in the Gallatin No. 3 and Hilgard No. 1 subunits. The private land involved will become public land under the jurisdiction of the Gallatin National Forest. In order to complete the exchange, access values in these two subunits will temporarily decline below 1998 values. However, upon completion of this sale and land exchange, secure habitat and motorized access route density in these subunits will improve from the 1998 baseline (see Appendix F in the Strategy).
The Strategy identified several subunits within the boundaries of the Targhee National Forest within the PCA in need of improvement in terms of motorized access (Plateau No. 1, Plateau No. 2, and Henry's Lake No. 1). The Strategy states that upon full implementation of the access management changes in the revised 1997 Targhee Forest Plan, those subunits will have acceptable levels of road densities and secure habitat due to the decommissioning of roughly 433 miles of roads within the PCA (Service 2003)
A in need of improvement in terms of motorized access (Plateau No. 1, Plateau No. 2, and Henry's Lake No. 1). The Strategy states that upon full implementation of the access management changes in the revised 1997 Targhee Forest Plan, those subunits will have acceptable levels of road densities and secure habitat due to the decommissioning of roughly 433 miles of roads within the PCA (Service 2003). As of June 2005, the Targhee National Forest has completed approximately 80 percent of this decommissioning work with the remaining 20 percent likely to be completed in 2005, after site-specific National Environmental Policy Act analyses are completed (USDA Forest Service 2005). The 1998 baseline (see Appendix F in the Strategy) for these subunits was modified to reflect increased road closures with the full implementation of the 1997 Targhee Forest Plan. Henry's Lake subunit No. 1 still has high levels of motorized access density and a low secure habitat level due to motorized access routes on private lands (see Appendix F of the Strategy).
Habitat standards described in the Strategy regarding livestock require that the number of commercial livestock allotments and permitted sheep animal months within the PCA not increase above 1998 levels (Service 2003). Livestock allotments, particularly sheep allotments, decrease habitat security ( i.e. , habitat effectiveness) as grizzly bears occupying lands with sheep are more likely to come into conflict with these sheep. This increase in encounters between bears and livestock or their human owners decreases survival rates of grizzly bears in areas of active sheep allotments as repeat depredators are removed from the population. Additionally, sheep and cattle can compete directly to some degree with grizzly bears during late spring and early summer for desired foods such as grasses, sedges, and forbs (Jonkel 1980)
This increase in encounters between bears and livestock or their human owners decreases survival rates of grizzly bears in areas of active sheep allotments as repeat depredators are removed from the population. Additionally, sheep and cattle can compete directly to some degree with grizzly bears during late spring and early summer for desired foods such as grasses, sedges, and forbs (Jonkel 1980). Due to the higher prevalence of grizzly bear conflicts associated with sheep grazing, existing sheep allotments will be phased out as the opportunity arises with willing permittees.
A total of 88 livestock allotments existed inside the PCA in 1998. Of these 1998 allotments within the PCA, there were 71 active and 2 vacant cattle allotments and 11 active and 4 vacant sheep allotments with a total of 17,279 animal months for sheep (Service 2003). Sheep animal months are calculated by multiplying the permitted number of animals by the permitted number of months. Any use of vacant allotments will only be permitted after an analysis is completed to evaluate impacts on grizzly bears. Since 1998, the Caribou-Targhee National Forest has closed five sheep allotments within the PCA while the Shoshone National Forest has closed two sheep allotments (USDA Forest Service 2005). This has resulted in a reduction of 7,889 sheep animal months under the total calculated for 1998 within the PCA and is a testament to the commitment land management agencies have to the ongoing success of the grizzly bear population in the Yellowstone area. As of 2005, there are a total of four active sheep allotments within the PCA: Two on Targhee National Forest and two on the Gallatin National Forest. The permittee of the two allotments on the Gallatin National Forest has agreed to waive the grazing permit back to the Gallatin National Forest without preference. The Gallatin National Forest plans to close these two allotments along with three other vacant allotments when they revise their current Forest Plan
within the PCA: Two on Targhee National Forest and two on the Gallatin National Forest. The permittee of the two allotments on the Gallatin National Forest has agreed to waive the grazing permit back to the Gallatin National Forest without preference. The Gallatin National Forest plans to close these two allotments along with three other vacant allotments when they revise their current Forest Plan. This Forest Plan revision process is scheduled to be
The National Parks and National Forests within the PCA will manage developed sites at 1998 levels within each bear management subunit, with some exceptions for administrative and maintenance needs. Developed sites refer to sites on public land developed or improved for human use or resource development. Examples include campgrounds, trailheads, lodges, summer homes, restaurants, visitor centers, oil and gas exploratory wells, production wells, and work camps. The primary concerns related to developed sites are direct mortality from bear/human encounters, food conditioning, and habituation of bears to humans (Mattson et al. 1987). Habituation occurs when grizzly bears encounter humans or developed sites frequently, and without negative consequences, so that the bears no longer avoid humans and areas of human activity. Habituation does not necessarily involve human-related food sources. Food conditioning occurs when grizzly bears receive human-related sources of food and thereafter seek out humans and human use areas as feeding sites. In areas of suitable habitat inside the PCA, the NPS and the USFS enforce food storage rules aimed at decreasing grizzly bear access to human foods. These regulations will continue to be enforced and will be applied to all suitable habitat within the Yellowstone DPS boundaries
n grizzly bears receive human-related sources of food and thereafter seek out humans and human use areas as feeding sites. In areas of suitable habitat inside the PCA, the NPS and the USFS enforce food storage rules aimed at decreasing grizzly bear access to human foods. These regulations will continue to be enforced and will be applied to all suitable habitat within the Yellowstone DPS boundaries.
Gunther (1994) noted that grizzly bear management in Yellowstone National Park has shifted from problems involving food-conditioned bears to problems involving habituated (but not food-conditioned) bears seeking natural foods within developed areas or along roadsides. New or expanded developed sites can impact bears through temporary or permanent habitat loss and displacement, increased length of time of human use, increased human disturbance to surrounding areas, and, potentially unsecured bear attractants.
Developed sites on public lands are currently inventoried in existing GIS databases and are input in the Yellowstone Grizzly Bear Cumulative Effects Model. As of 1998, there were 598 developed sites on public land within the PCA (USDA Forest Service 2005). All changes in developed sites since 1998 have been evaluated against the baseline and have been determined acceptable under the standard for developed sites identified in the Strategy (Service 2003). For a new developed site to be determined acceptable, it must be demonstrated that it will have no effect on grizzly bears. For example, a cell phone tower would fit this criteria because there is no human occupancy, nor human attractants such as garbage or other potential food sources. However, campgrounds, trailheads, lodges, summer homes, restaurants, visitor centers, oil and gas exploratory wells, production wells, and work camps would not be considered acceptable. No changes in the 1998 baseline have occurred in terms of site developments
tower would fit this criteria because there is no human occupancy, nor human attractants such as garbage or other potential food sources. However, campgrounds, trailheads, lodges, summer homes, restaurants, visitor centers, oil and gas exploratory wells, production wells, and work camps would not be considered acceptable. No changes in the 1998 baseline have occurred in terms of site developments.
Management of oil, gas, mining, and timber development also are tracked as part of the developed site monitoring effort. There were no oil and gas leases inside the PCA as of 1998. There are approximately 552 sq km (213 sq mi) of secure habitat potentially available for oil, gas, or timber projects within the PCA. This comprises only 2 percent of all suitable habitat within the PCA. Additionally, 1,354 mining claims existed in 10 of the subunits inside the PCA (Table 1 in Appendix F of the Strategy), but only 27 of these mining claims had operating plans. These operating plans are included in the 1998 developed site baseline. Under the conditions of the Strategy, any new project will be approved only if it conforms to secure habitat and developed site standards (Service 2003). For instance, any project that reduces the amount of secure habitat permanently will have to provide replacement secure habitat of equivalent habitat quality (as measured by the Cumulative Effects Model or equivalent technology) and any change in developed sites will require mitigation equivalent to the type and extent of the impact. For projects that temporarily change the amount of secure habitat, only one project is allowed in any subunit at any time. Mitigation of any project will occur within the same subunit and will be proportional to the type and extent of the project.
Finally, the Service established a habitat effectiveness baseline by documenting habitat effectiveness values using the Cumulative Effects Model and 1998 habitat data (Service 2003)
hange the amount of secure habitat, only one project is allowed in any subunit at any time. Mitigation of any project will occur within the same subunit and will be proportional to the type and extent of the project.
Finally, the Service established a habitat effectiveness baseline by documenting habitat effectiveness values using the Cumulative Effects Model and 1998 habitat data (Service 2003). Habitat effectiveness values reflect the relative amount of energy (derived from natural foods) that is available to grizzly bears given their response to human activities. Important foods are key habitat-based criteria. The inverse relationship between whitebark pine cone production and grizzly conflicts in the Yellowstone Ecosystem has been documented (Mattson et al. 1992; Knight and Blanchard 1995; Gunther et al. 1997, 2004). However, the relationship between other important foods such as spring ungulate carcasses, cutworm moths, and cutthroat trout is not as clear cut. Therefore, it is important to monitor foods and continue to relate major food abundance to demographics and human/bear conflicts. Monitoring habitat effectiveness using the Cumulative Effects Model is valuable in understanding and maintaining important habitats for grizzly bears. Should we finalize delisting, the Study Team would continue coordinating with the National Forests and National Parks within the PCA to update and evaluate habitat effectiveness against the 1998 baseline.
To establish the 1998 baseline for habitat effectiveness values, the Forest Service calculated habitat effectiveness within each subunit for four important bear seasons: Spring (March 1-May 15); estrus (May 16-July 15); early hyperphagia (July 16-August 31); and late hyperphagia (September 1-November 30) (Table 6 in Appendix F of the Strategy). High habitat effectiveness values during estrus are associated with cutthroat trout spawning streams
ctiveness values, the Forest Service calculated habitat effectiveness within each subunit for four important bear seasons: Spring (March 1-May 15); estrus (May 16-July 15); early hyperphagia (July 16-August 31); and late hyperphagia (September 1-November 30) (Table 6 in Appendix F of the Strategy). High habitat effectiveness values during estrus are associated with cutthroat trout spawning streams. Similarly, high habitat effectiveness values during early hyperphagia and late hyperphagia are associated with moth aggregation sites and whitebark pine, respectively. Habitat effectiveness values

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_05-22784. Check the current official text before relying on it. Not legal advice.