Feds Refine Grizzly Bear Protection Rules Again
Published Date: 7/17/2026
Proposed Rule
Summary
The U.S. Fish and Wildlife Service is updating the rules that protect grizzly bears in the lower 48 states and reopening the public comment period until August 17, 2026. These changes focus on how the bears are protected under the Endangered Species Act, with no new changes to the bear’s overall endangered status. This update invites everyone to share their thoughts on the new protection details before final decisions are made.
Analyzed Economic Effects
6 provisions identified: 4 benefits, 1 costs, 1 mixed.
Take of Grizzly Bears Mostly Prohibited
The rule proposes to prohibit “take” of grizzly bears in the lower-48 States (take includes harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect), unless an activity fits one of the specific exceptions in the 4(d) rule. Activities that would otherwise be prohibited may only proceed if they are authorized by an exception in the rule or by a permit under 50 CFR 17.32.
Authorized Deterrence and Hazing Allowed
The proposal excepts non-injurious deterrence (hazing) by individuals to discourage grizzly bears from using areas near homes or occupied areas, provided methods follow the Service's grizzly bear hazing guidance and do not intentionally cause lasting bodily injury or mortality. All grizzly bear mortalities or incidents resulting in lasting bodily injury must be reported to the Service within 48 hours or as soon as practical.
Management, Relocation, and Removal by Agencies
Authorized Federal, State, or Tribal agencies may, with prior authorization or under a Technical Letter of Assistance (TLA) or MOU, conduct management activities including relocation and timely removal of depredating or food-conditioned grizzly bears; lethal control of a bear involved in conflict requires prior authorization from the Service. Authorized agencies must submit annual reports to the Service on or by February 15.
Two-Tier Exceptions Expand Locally After Conditions
The proposal describes a dynamic two-tier approach (Tier 1 and Tier 2) where additional exceptions for management activities and incidental take by authorized agencies may apply in specific geographic areas once management plans and conservation strategies are finalized, population demographic objectives are achieved, and MOUs with the Service are complete. Tier 2 may, for example, allow certain actions (like handling orphaned cubs) without prior Service authorization in Tier 2 areas.
Self-Defense Exception with Reporting
Any person may take a grizzly bear in defense of their own life or the lives of others. If someone takes a grizzly bear in self-defense, they must report the incident to the Service within 48 hours or as soon as practical given remote conditions.
Permit Pathway for Authorized Activities
The rule states that any person may conduct activities that are authorized by a valid permit under 50 CFR 17.32, and that in the absence of a TLA or MOU, permits are required for activities like live-capture, handling, or sample collection. Take that results in mortality or lasting bodily injury must be reported to the Service within 48 hours or as soon as practical.
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Key Dates
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