Thursday, March 29, 2007

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Grizzly Bears; Yellowstone Distinct Population; Notice of Petition Finding; Final Rule

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DEPARTMENT OF THE INTERIOR under the Act and to designate critical Parks will manage habitat in accordance habitat. We find that the petition and with those habitat standards. Fish and Wildlife Service additional information in our files did Species Description not present substantial scientific 50 CFR Part 17 information indicating that listing the Grizzly bears are generally larger and RIN 1018–AT38 Yellowstone grizzly bear population as more heavily built than other bears endangered may be warranted. (Craighead and Mitchell 1982, p. 517; Endangered and Threatened Wildlife Therefore, we are not initiating a status Schwartz et al. 2003b, p. 558). Grizzly and Plants; Final Rule Designating the review in response to this petition. bears can be distinguished from black Greater Yellowstone Area Population DATES: This rule becomes effective April bears, which also occur in the lower 48 of Grizzly Bears as a Distinct 30, 2007. States, by longer, curved claws, humped Population Segment; Removing the shoulders, and a face that appears to be ADDRESSES: Comments and materials Yellowstone Distinct Population concave (Craighead and Mitchell 1982, received, as well as supporting Segment of Grizzly Bears From the p. 517). A wide range of coloration from documentation used in preparation of Federal List of Endangered and light brown to nearly black is common this final rule, are available for Threatened Wildlife; 90-Day Finding on (LeFranc et al. 1987, pp. 17–18). Spring inspection, by appointment, during a Petition To List as Endangered the shedding, new growth, nutrition, and normal business hours, at our Missoula Yellowstone Distinct Population coat condition all affect coloration. office, Grizzly Bear Recovery Segment of Grizzly Bears Guard hairs (long, course outer hair Coordinator, University Hall, Room forming a protective layer over the soft AGENCY: Fish and Wildlife Service, #309, University of Montana, Missoula, underfur) are often pale in color at the Interior. Montana 59812. Call (406) 243–4903 to tips; hence the name ‘‘grizzly’’ ACTION: make arrangements. In addition, certain Final rule; notice of petition (Craighead and Mitchell 1982, p. 517). documents such as the Strategy and finding. In the lower 48 States, the average information appended to the recovery weight of grizzly bears is generally 200 SUMMARY: The U.S. Fish and Wildlife plan are available at http://mountain- to 300 kilograms (kg) (400 to 600 Service (Service, we or us), hereby prairie.fws.gov/species/mammals/ pounds (lb)) for males and 110 to 160 establish a distinct population segment grizzly/yellowstone.htm. (DPS) of the grizzly bear (Ursus arctos kg (250 to 350 lb) for females (Craighead horribilis) for the Greater Yellowstone FOR FURTHER INFORMATION CONTACT: Dr. and Mitchell 1982, pp. 518–520). Area (GYA) and surrounding area Christopher Servheen, Grizzly Bear Grizzly bears are long-lived mammals, (hereafter referred to as the Yellowstone Recovery Coordinator, U.S. Fish and generally living to be around 25 years DPS, Yellowstone grizzly bear DPS, or Wildlife Service, at our Missoula office old (LeFranc et al. 1987, pp. 47, 51). (see ADDRESSES above) or telephone Yellowstone grizzly bear population) Taxonomy and remove this DPS from the List of (406) 243–4903. Individuals who are Threatened and Endangered Wildlife. hearing-impaired or speech-impaired Grizzly bears (Ursus arctos horribilis) The Yellowstone grizzly bear may call the Federal Relay Service at 1– are vertebrates that belong to the Class population is no longer an endangered 800–877–8337 for TTY assistance. Mammalia, Order Carnivora, and Family or threatened population pursuant to SUPPLEMENTARY INFORMATION: Ursidae. The grizzly bear is a member of the brown bear species (U. arctos) that the Endangered Species Act of 1973, as Background amended (Endangered Species Act or occurs in North America, Europe, and the Act) (16 U.S.C. 1531 et seq.), based Prior to publication of this final rule, Asia; the subspecies U. a. horribilis is on the best scientific and commercial we—(1) Finalized the Conservation limited to North America (Rausch 1963, data available. Robust population Strategy (Strategy) that will guide post- p. 43; Servheen 1999, pp. 50–53). Early growth, coupled with State and Federal delisting monitoring and management of taxonomic descriptions of U. arctos cooperation to manage mortality and the grizzly bear in the GYA; (2) based primarily on skull measurements habitat, widespread public support for appended the habitat-based recovery described more than 90 subspecies grizzly bear recovery, and the criteria to the 1993 Recovery Plan and (Merriam 1918, pp. 9–16), but this was development of adequate regulatory the Strategy; and (3) appended an later revised to 2 subspecies in North mechanisms has brought the updated and improved methodology for America (U. a. middendorfi on the Yellowstone grizzly bear population to calculating total population size, known islands of the Kodiak archipelago in the point where making a change to its to unknown mortality ratios, and Alaska and U. a. horribilis in the rest of status is appropriate. sustainable mortality limits for the North America) (Rausch 1963, p. 43). The delisting of the Yellowstone DPS Yellowstone grizzly bear population to The two North American subspecies does not change the threatened status of the 1993 Recovery Plan and the approach of Rausch (1963, p. 43) is the remaining grizzly bears in the lower Strategy. Additionally, the U.S. generally accepted by most taxonomists 48 States, which remain protected by Department of Agriculture (USDA) today, and is the approach we use. the Act. In an upcoming but separate Forest Service finalized the Forest Plan Additional discussion of this issue can notice, we will initiate a 5-year status Amendment for Grizzly Bear Habitat be found in the proposed rule (70 FR review of the grizzly bear as listed under Conservation for the GYA National 69854–69855, November 17, 2005). The the Act based on additional scientific Forests and made a decision to original 1975 listing (40 FR 31734– information that is currently being incorporate this Amendment into the 31736, July 28, 1975) had been collected and analyzed. Finally, we affected National Forests’ Land inadvertently modified in the List of announce a 90-day finding on a petition Management Plans. Yellowstone and Endangered and Threatened Wildlife to (submitted during the public comment Grand Teton National Parks also U. arctos with a historic holarctic range. period for the proposed rule) to list the appended the habitat standards With this final rule, we have corrected Yellowstone grizzly bear population as described in the Strategy to their Park this error to reflect the original listed endangered on the Federal List of Superintendent’s Compendiums, entity of U. arctos horribilis with a Threatened and Endangered Wildlife thereby assuring that these National historic range of North America.

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Behavior reproduction is approximately 6 years as 1.65 kg/day (3.64 lb/day) (Craighead Although adult bears are normally old, and the average litter size is 2.04 and Mitchell 1982, p. 544). Grizzly bears solitary (Nowak and Paradiso 1983, p. cubs (Schwartz et al. 2006a, p. 19). Cubs must consume foods rich in protein and 971), home ranges of adult bears are born in a den in late January or early carbohydrates in order to build up fat frequently overlap (Schwartz et al. February and remain with the female for reserves to survive denning and post- 2003b, pp. 565–566). Grizzly bears 2 to 3 years before the mother will again denning periods (Rode and Robbins display a behavior called natal mate and produce another litter 2000, pp. 1643–1644). These layers of philopatry in which dispersing young (Schwartz et al. 2003b, p. 564). Grizzly fat are crucial to the hibernating bear as establish home ranges within or bears have one of the slowest they provide a source of energy and overlapping their mother’s (Waser and reproductive rates among terrestrial insulate the bear from cold Jones 1983, p. 361; Schwartz et al. mammals, resulting primarily from the temperatures, and are equally important 2003b, p. 566). This type of movement late age of first reproduction, small in providing energy to the bear upon average litter size, and the long interval makes dispersal across landscapes a emergence from the den when food is between litters (Nowak and Paradiso slow process. Radio-telemetry and still sparse relative to metabolic 1983, p. 971; Schwartz et al. 2003b, p. genetics data suggests females establish requirements (Craighead and Mitchell 564). Given the above factors and home ranges an average of 9.8 to 14.3 1982, p. 544). natural mortality, it may take a single kilometers (km) (6.1 to 8.9 miles (mi)) Although the digestive system of female 10 years to replace herself in a away from the center of their mother’s bears is essentially that of a carnivore, population (U.S. Fish and Wildlife home range, whereas males generally bears are successful omnivores, and in Service 1993, p. 4). Grizzly bear females stray further, establishing home ranges some areas may be almost entirely cease breeding successfully some time roughly 29.9 to 42.0 km (18.6 to 26.0 mi) herbivorous (Jacoby et al. 1999, pp. in their mid-to-late 20s (Schwartz et al. away from their mother’s (McLellan and 924–926; Schwartz et al. 2003b, pp. 2003a, pp. 109–110). 568–569). Grizzly bears are Hovey 2001, p. 842; Proctor et al. 2004, For 3 to 6 months during winter, p. 1108). opportunistic feeders and will consume grizzly bears across their range enter almost any available food including The home range of adult male grizzly dens in an adaptive behavior which bears is typically three to five times the living or dead mammals or fish, and, increases survival during periods of low sometimes, garbage (Knight et al. 1988, size of an adult female’s home range food availability, deep snow, and low (LeFranc et al. 1987, pp. 27–30). The p. 121; Mattson et al. 1991a, pp. 1620– air temperature (Craighead and 1624; Schwartz et al. 2003b, pp. 568– large home ranges of grizzly bears, Craighead 1972, pp. 33–34). Grizzly 569). In areas where animal matter is particularly males, enhance genetic bears in the lower 48 States spend less available, grasses, roots, bulbs, diversity in the population by enabling between 4 and 6 months in dens tubers, and fungi may be important in males to mate with numerous females beginning in October or November meeting protein requirements (LeFranc (Blanchard and Knight 1991, pp. 46–51; (Linnell et al. 2000, p. 401). During this et al. 1987, pp. 111–114). High-quality Craighead et al. 1995, pp. 303–305). period, they do not eat, drink, urinate, foods such as berries, nuts, insects, and Grizzly bear population densities of one or defecate (Folk et al. 1976, pp. 376– fish are important in some areas bear per 20 square kilometers (sq km) (8 377; Nelson 1980, p. 2955). Hibernating (Schwartz et al. 2003b, pp. 568–569). square miles (sq mi)) have been reported grizzly bears exhibit a marked decline in in Glacier National Park (Martinka 1976, heart and respiration rate, but only a The search for food has a prime p. 150), but most populations in the slight drop in body temperature (Nowak influence on grizzly bear movements Lower 48 States are much less dense and Paradiso 1983, p. 971). Due to their (Mattson et al. 1991a, pp. 1625–1626). (LeFranc et al. 1987, pp. 47, 52–53). For relatively constant body temperature in In the GYA, four food sources have been example, estimates of grizzly bear the den, hibernating grizzly bears can be identified as important to grizzly bear densities in the GYA range from one easily aroused and have been known to survival and reproductive success bear per 50 sq km (20 sq mi) to one bear exit dens when disturbed by seismic or (Mattson et al. 2002, p. 2). Winter-killed per 80 sq km (30 sq mi) (Blanchard and mining activity (Harding and Nagy ungulates serve as an important food Knight 1980, pp. 263–264; Craighead 1980, p. 278) or by human activity source in early spring before most and Mitchell 1982, pp. 537–538). (Swenson et al. 1997a, p. 37). Both vegetation is available (Green et al. Grizzly bears have a promiscuous males and females have a tendency to 1997, p. 140; Mattson 1997, p. 165). mating system (Hornocker 1962, p. 70; use the same general area year after During early summer, spawning Craighead and Mitchell 1982, p. 522; year, but the same exact den is rarely cutthroat trout (Oncorhynchus clarki) Schwartz et al. 2003b, p. 563) with used twice by an individual (Schoen et are a source of nutrition for grizzly bears genetic studies confirming that cubs al. 1987, p. 300; Linnell et al. 2000, p. in the Yellowstone population (Mattson from the same litter can have different 403). Females display stronger area et al. 1991a, p. 1623; Mattson and fathers (Craighead et al. 1998, p. 325). fidelity than males and generally stay in Reinhart 1995, p. 2072; Felicetti et al. Mating occurs from May through July their dens longer, depending on 2004, pp. 496, 499). Grizzly bears feed with a peak in mid-June (Craighead and reproductive status (Judd et al. 1986, on army cutworm moths (Euxoa Mitchell 1982, p. 522; Nowak and pp. 113–114; Schoen et al. 1987, p. 300; auxiliaris) during late summer and early Paradiso 1983, p. 971). Age of first Linnell et al. 2000, p. 403). fall as they try to acquire sufficient fat reproduction and litter size may be In preparation for hibernation, bears levels for winter (Mattson et al. 1991b, related to nutritional state (Stringham increase their food intake dramatically p. 2432; French et al. 1994, p. 394). 1990, p. 433; McLellan 1994, p. 20; during a stage called hyperphagia Lastly, in some years, whitebark pine Hilderbrand et al. 1999, pp. 135–136; (Craighead and Mitchell 1982, p. 544). (Pinus albicaulis) seeds serve as an Mattson 2000, p. 110). Age of first Hyperphagia is defined simply as important fall food due to their high fat reproduction varies from 3 to 8 years of overeating (in excess of daily metabolic content and abundance as a pre- age, and litter size varies from one to demands) and occurs throughout the 2 hibernation food (Mattson and Reinhart four cubs (Schwartz et al. 2003b, p. to 4 months prior to den entry. During 1994, p. 212). The distribution and 563). For the Yellowstone grizzly bear hyperphagia, excess food is deposited as abundance of these grizzly bear foods population, the average age of first fat, and grizzly bears may gain as much vary naturally among seasons and years.

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On average, approximately 79 percent single season (Ternent and Haroldson use areas, kills lawfully present of the diet of adult male and 45 percent 2000, p. 39). Some bears may feed livestock, or displays unnatural of the diet of adult female grizzly bears almost exclusively on moths for a aggressive behavior toward people in the GYA is terrestrial meat (Jacoby et period of over a month (French et al. (USDA Forest Service 1986, pp. 53–54). al. 1999, p. 925). In contrast, in Glacier 1994, p. 393). Moths have the highest Introduced organisms (e.g., white pine National Park, over 95 percent of the caloric content per gram of any other blister rust and lake trout), habitat loss, diets of both adult male and female bear food (French et al. 1994, p. 391). and other human activities can grizzly bears are vegetation (Jacoby et al. Moths are available during late summer negatively impact the quantity and 1999, p. 925). Ungulates rank as the and early fall when bears consume large distribution of these four primary foods second highest source of net digestible quantities of foods in order to acquire (Reinhart et al. 2001, pp. 285–286). energy available to grizzly bears in the sufficient fat levels for winter (Mattson Potential effects to food supply and GYA (Mealey 1975, pp. 84–86; Pritchard et al. 1991b, p. 2433). A grizzly bear human/bear conflict are discussed in and Robbins 1990, p. 1647; Craighead et feeding extensively on moths over a 30- more detail in the 5-factor analysis. al. 1995, pp. 250–251). Grizzly bears day period may consume up to 47 Recovery with home ranges in areas with few percent of its annual energy budget of plant foods depend extensively on 960,000 calories (White et al. 1999, pp. Prior to the arrival of Europeans, the ungulate meat (Harting 1985, pp. 69–70, 149–150). Moths also are valuable to grizzly bear occurred throughout the 85–87). Grizzly bears in the GYA feed bears because they are located in remote western half of the contiguous United on ungulates primarily as winter-killed areas, thereby reducing the potential for States, central Mexico, western Canada, carrion from March through May grizzly bear/human conflicts during the and most of Alaska (Roosevelt 1907, pp. although they also depredate elk calves late-summer tourist months (Gunther et 27–28; Wright 1909, pp. vii, 3, 185–186; for a short period in early June (Gunther al. 2004, p. 15). Merriam 1922, p. 1; Storer and Tevis and Renkin 1990, pp. 330–332; Green et Due to their high fat content and 1955, p. 18; Rausch 1963, p. 35; Herrero al. 1997, p. 1040; Mattson 1997, pp. potential abundance as a pre- 1972, pp. 224–227; Mattson et al. 1995, 165–166). Carcass availability fluctuates hibernation food, whitebark pine seeds p. 103; Schwartz et al. 2003b, pp. 557– with winter severity because fewer are an important fall food for bears in 558). Pre-settlement population levels ungulates die during mild winters the GYA (Mattson and Jonkel 1990, p. for the western contiguous United States (Mattson et al. 1991a, pp. 1622–1623). 223; Mattson et al. 1991a, p. 1623). are believed to be in the range of 50,000 Due to their high digestibility and Yellowstone grizzly bears consume animals (Servheen 1999, p. 50). With protein and lipid content, spawning whitebark pine seeds extensively when European settlement of the American cutthroat trout are one of the highest whitebark cones are available. Bears West, grizzly bears were shot, poisoned, sources of digestible energy available to may feed predominantly on whitebark and trapped wherever they were found, bears during early summer in pine seeds when production exceeds 20 and the resulting range and population Yellowstone National Park (Mealey cones per tree (Blanchard 1990, p. 362; declines were dramatic (Roosevelt 1907, 1975, pp. 84–86; Pritchard and Robbins Mattson et al. 1992, pp. 433, 436). pp. 27–28; Wright 1909, p. vii; Storer 1990, p. 1647). Grizzly bears are known During years of low whitebark pine seed and Tevis 1955, pp. 26–27; Leopold to prey on cutthroat trout in at least 36 availability, grizzly bears often seek 1967, p. 30; Koford 1969, p. 95; different streams tributary to alternate foods at lower elevations in Craighead and Mitchell 1982, p. 516; Yellowstone Lake (Reinhart and association with human activities Mattson et al. 1995, p. 103). The range Mattson 1990, pp. 345–346). From 1997 (Mattson et al. 1992, p. 436; Knight and and numbers of grizzlies were reduced to 1999, Haroldson et al. (2000, pp. 32– Blanchard 1995, p. 23; Gunther et al. to less than 2 percent of their former 35) identified 85 different grizzly bears 1997, pp. 9–11; Gunther et al. 2004, p. range and numbers by the 1930s, that had likely fished spawning stream 18). approximately 125 years after first tributaries to Yellowstone Lake. While The production and availability of contact (U.S. Fish and Wildlife Service importance varies by season and year, these four major foods can have a 1993, p. 9; Mattson et al. 1995, p. 103; few bears develop a dependence on this positive effect on reproduction and Servheen 1999, p. 51). Of 37 grizzly food source (Haroldson et al. 2005, pp. survival rates of Yellowstone grizzly populations present in 1922, 31 were 173–174). Only 23 individuals visited bears (Mattson et al. 2002, p. 5). For extirpated by 1975 (Servheen 1999, p. spawning streams more than 1 year out example, during years when whitebark 51). of the 4 years sampled, suggesting that pine seeds are abundant, there are fewer By the 1950s, with little or no this resource is used opportunistically grizzly bear/human conflicts in the GYA conservation effort or management (Haroldson et al. 2005, pp. 174–175). In (Mattson et al. 1992, p. 436; Gunther et directed at maintaining grizzly bears contrast to earlier studies which used al. 2004, pp. 13–15). Grizzly bear/ anywhere in their range, the GYA different assumptions and methods human conflicts are incidents in which population had been reduced in (Reinhart and Mattson 1990, pp. 345– bears kill or injure people, damage numbers and was restricted largely to 349; Mattson and Reinhart 1995, pp. property, kill or injure livestock, the confines of Yellowstone National 2078–2079), Felicetti et al. (2004, pp. damage beehives, obtain anthropogenic Park and some surrounding areas 496–499) found that male grizzly bears (man-made) foods, or damage or obtain (Craighead et al. 1995, pp. 41–42; are the primary consumers of cutthroat garden and orchard fruits and vegetables Schwartz et al. 2003b, pp. 575–579). trout, accounting for 92 percent of all (USDA Forest Service1986, pp. 53–54). High grizzly bear mortality in 1970 and trout consumed by Yellowstone grizzly During poor whitebark pine years, 1971, following closure of the open-pit bears. grizzly bear/human conflicts are more dumps in Yellowstone National Park Alpine moth aggregations are an frequent, resulting in higher numbers of (Gunther 1994, p. 550; Craighead et al. important food source for a considerable human-caused grizzly bear mortalities 1995, pp. 34–36), and concern about portion of the Yellowstone grizzly bear due to defense of life or property and grizzly population status throughout its population (Mattson et al. 1991b, p. management removals of nuisance bears remaining range prompted the 1975 2434). As many as 35 different grizzly (Mattson et al. 1992, p. 436; Gunther et listing of the grizzly bear as a threatened bears with cubs-of-the-year have been al. 2004, pp. 13–14). A nuisance bear is species in the lower 48 States under the observed feeding at moth sites in a one that seeks human food in human- Act (16 U.S.C. 1531 et seq.) (40 FR

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31734–31736, July 28, 1975). When the area large enough and of sufficient created in 1973 to provide detailed grizzly bear was listed in 1975, the habitat quality to support a recovered scientific information for the population estimate in the GYA ranged grizzly bear population within which management and recovery of the grizzly from 136 to 312 individuals (Cowan et the population and habitat would be bear in the GYA. Current members of al. 1974, pp. 32, 36; Craighead et al. monitored (U.S. Fish and Wildlife the Study Team include scientists from 1974, p. 16; McCullough 1981, p. 175). Service 1982, pp. 55–58; U.S. Fish and the Service, U.S. Geological Survey, In 1981, we hired a grizzly bear Wildlife Service 1993, pp. 41). In 1993, USDA Forest Service, academia, and recovery coordinator to direct recovery we revised the Recovery Plan to include each State game and fish agency efforts and to coordinate all agency additional tasks and new information involved in grizzly bear recovery. The efforts on research and management of that increased the focus and Study Team has developed protocols to grizzly bears in the lower 48 States. In effectiveness of recovery efforts (U.S. monitor and manage grizzly bear 1982, the first Grizzly Bear Recovery Fish and Wildlife Service 1993, pp. 41– populations and important habitat Plan (Recovery Plan) was completed 58). parameters. (U.S. Fish and Wildlife Service 1982, p. However, recovery plans are not In 1983, the Interagency Grizzly Bear ii). The Recovery Plan identified five regulatory documents and are instead Committee was created to coordinate ecosystems within the conterminous intended to provide guidance to us, management efforts and research actions United States thought to support grizzly States, and other partners on methods of across multiple Federal lands and States bears. Today, grizzly bear distribution is minimizing threats to listed species and within the various Recovery Zones to primarily within, but not limited to, the on criteria that may be used to recover the grizzly bear in the lower 48 areas identified as Recovery Zones (U.S. determine when recovery is achieved. States (USDA and U.S. Department of Fish and Wildlife Service 1993, pp. 10– There are many paths to accomplishing the Interior 1983). Its objective was to 13, 17–18), including—the GYA in recovery of a species, and recovery may change land management practices to northwest Wyoming, eastern Idaho, and be achieved without all criteria being more effectively provide security and southwest Montana (24,000 sq km fully met. For example, one or more maintain or improve habitat conditions (9,200 sq mi)) at more than 500 bears criteria may have been exceeded while for the grizzly bear (USDA and U.S. (Interagency Grizzly Bear Study Team other criteria may not have been Department of the Interior 1983). The 2006, p. 15); the Northern Continental accomplished. In that instance, we may Interagency Grizzly Bear Committee is Divide Ecosystem (NCDE) of north judge that the threats have been made up of upper level managers from central Montana (25,000 sq km (9,600 sq minimized sufficiently, and the species all affected State and Federal agencies mi)) at more than 500 bears (Kendall is robust enough, to reclassify the (USDA and U.S. Department of the 2006); the North Cascades area of north species from endangered to threatened Interior 1983). Also in 1983, the central Washington (25,000 sq km or delist the species. In other cases, Yellowstone Ecosystem Subcommittee, (9,500 sq mi)) at less than 20 bears recovery opportunities may have been a subcommittee of the Interagency (Almack et al. 1993, p. 4); the Selkirk recognized that were not known at the Grizzly Bear Committee, was formed to Mountains area of north Idaho, time the Recovery Plan was finalized. coordinate recovery efforts specific to northeast Washington, and southeast These opportunities may be used the GYA (USDA and U.S. Department of British Columbia (5,700 sq km (2,200 sq instead of methods identified in the the Interior 1983, p. 3). Members of the mi)) at approximately 40 to 50 bears (64 Recovery Plan. Likewise, information on Yellowstone Ecosystem Subcommittee FR 26730, May 17, 1999; 70 FR 24870, the species may be learned that was not are mid-level managers and include— May 11, 2005); and the Cabinet-Yaak known at the time the Recovery Plan the Service; representatives from the six area of northwest Montana and northern was finalized. The new information may GYA National Forests (the Shoshone, Idaho (6,700 sq km (2,600 sq mi)) at change the extent that criteria need to be Custer, Beaverhead-Deerlodge, Bridger- approximately 30 to 40 bears (Kasworm met for recognizing recovery of the Teton, Gallatin, and Targhee); and Manley 1988, p. 21; Kasworm et al. species. Recovery of a species is a Yellowstone National Park; Grand Teton 2004, p. 2). There is an additional dynamic process requiring adaptive National Park; the Wyoming Game and Recovery Zone known as the Bitterroot management (defined as a 6-step Fish Department (WGFD); the Montana Recovery Zone in the Bitterroot feedback loop including assessment, Department of Fish, Wildlife, and Parks Mountains of east-central Idaho and design of management actions and (MTFWP); the Idaho Department of Fish western Montana (14,500 sq km (5,600 associated monitoring and research, and Game (IDFG); the Bureau of Land sq mi)), but this area does not contain implementation of management Management (BLM); the Study Team; any grizzly bears at this time (U.S. Fish according to the design, monitoring, county governments from each affected and Wildlife Service 1996, p. 1; 65 FR evaluation of outcomes, and adjustment State; the Northern Arapahoe Tribe; and 69624, November 17, 2000; U.S. Fish of management based on evaluation of the Eastern Shoshone Tribe (USDA and and Wildlife Service 2000, p. ix). The initial management actions) that may, or U.S. Department of the Interior 1983). San Juan Mountains of Colorado also may not, fully follow the guidance In 1994, The Fund for Animals, Inc., were identified as an area of possible provided in a recovery plan. In the end, and 42 other organizations and grizzly bear occurrence (40 FR 31734– any determination of whether a species individuals filed suit over the adequacy 31736, July 28, 1975; U.S. Fish and is no longer in need of the protections of the 1993 Recovery Plan (Fund for Wildlife Service 1982, p. 12; U.S. Fish of the Act must be based on an Animals v. Babbitt, 903 F. Supp. 96 (D. and Wildlife Service 1993, p. 11), but no assessment of the threats to the species. D.C. 1995); 967 F. Supp. 6 (D. D.C. confirmed sightings of grizzly bears Grizzly bear recovery has required 1997). In 1995, the U.S. District Court have been found in the San Juan cooperation among numerous Federal for the District of Columbia issued an Mountains since a bear was killed there agencies, State agencies, non- order that remanded for further study in 1979 (U.S. Fish and Wildlife Service government organizations, local and clarification four issues that are 1993, p. 11). governments, and citizens. In relevant to the GYA—(1) The method In the initial Recovery Plan, the recognition that grizzly bear populations used to measure the status of bear Yellowstone Grizzly Bear Ecosystem, were unsustainably low, the Interagency populations; (2) the impacts of genetic later called the Yellowstone Grizzly Grizzly Bear Study Team (hereafter isolation; (3) monitoring of the Bear Recovery Zone, was defined as an referred to as the Study Team) was mortalities related to livestock; and (4)

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the monitoring of disease (Fund for mammals/grizzly/yellowstone.htm). The As per the court settlement (Fund for Animals v. Babbitt, 903 F. Supp. 96 (D. bear management units are analysis Animals v. Babbitt) and as D.C. 1995); 967 F. Supp. 6 (D. D.C. areas that approximate the lifetime size recommended by the 1993 Grizzly Bear 1997)). Following this court decision, all of a female’s home range, while Recovery Plan’s Task Y423, we have parties filed appeals. In 1997, the parties subunits are analysis areas that worked to ‘‘establish a threshold of reached a settlement whereby we agreed approximate the annual home range size minimal habitat values to be maintained to append habitat-based recovery of adult females. Subunits provide the within each Cumulative Effects Analysis criteria to the Recovery Plan (Settlement optimal scale for evaluation of seasonal Unit in order to ensure that sufficient dated March 31, 1997, and approved by feeding opportunities and landscape habitat is available to support a viable the court on May 5, 1997, Fund for patterns of food availability for grizzly population’’ (U.S. Fish and Wildlife Animals v. Babbitt, 967 F. Supp. 6 (D. bears (Weaver et al. 1986, p. 236). The Service 1993, p. 55). On June 17, 1997, D.C. 1997)) (hereafter Fund for Animals bear management units and subunits we held a public workshop in Bozeman, v. Babbitt). These four issues and the were identified to provide enough Montana, to develop and refine habitat- necessary supplement to the Recovery quality habitat and to ensure that grizzly based recovery criteria for the grizzly Plan as required by the court order and bears were well distributed across the bear. A Federal Register notice notified subsequent settlement are discussed in recovery zone as per the Recovery Plan the public of this workshop and detail in this section and in the threats (U.S. Fish and Wildlife Service 2007, provided interested parties an analysis. pp. 20, 41, 44–46). Management opportunity to participate and submit Habitat Management and improvements made as a result of these comments (62 FR 19777, April 23, Development of Habitat-based Recovery Guidelines are discussed under Factor A 1997). After considering 1,167 written Criteria—In 1979, the Study Team below. comments, we developed biologically- developed the first comprehensive Another tool employed to monitor based habitat recovery criteria with the Guidelines for Management Involving habitat quality and assist in habitat overall goal of maintaining or improving Grizzly Bears in the GYA (hereafter management is the Yellowstone Grizzly habitat conditions at levels that existed referred to as the Guidelines) (Mealey Bear Cumulative Effects Model. The in 1998. 1979, pp. 1–4). We determined in a model was designed to assess the There is no published method to biological opinion that implementation inherent productivity of grizzly bear deductively calculate minimum habitat of the Guidelines by Federal land habitat and the cumulative effects of values required for a healthy and management agencies would promote recovered population. Recognizing that conservation of the grizzly bear (U.S. human activities on bear use of that grizzly bears are opportunistic Fish and Wildlife Service 1979, p. 1). habitat (Weaver et al. 1986, p. 234; omnivores and that a landscape’s ability Beginning in 1979, the six affected Dixon 1997, pp. 4–5; Mattson et al. to support grizzly bears is a function of National Forests (Beaverhead-Deerlodge, 2002, p. 5). The model uses Geographic overall habitat productivity, the Bridger-Teton, Caribou-Targhee, Custer, Information System (GIS) databases and distribution and abundance of major Gallatin, and Shoshone), Yellowstone relative value coefficients associated food sources, the levels and type of and Grand Teton National Parks, and with human activities, vegetation, and human activities, grizzly bear social the BLM in the GYA began managing key grizzly bear foods to calculate systems, bear densities, and habitats for grizzly bears under direction habitat value and habitat effectiveness stochasticity, we selected 1998 levels as specified in the Guidelines. (Weaver et al. 1986, p. 237; Mattson et In 1986, the Interagency Grizzly Bear al. 2002, p. 5). Habitat value is a relative our baseline level. We chose this year Committee modified the Guidelines to measure of the average net digestible because it was known that these habitat more effectively manage habitat by energy potentially available to bears in values had adequately supported an mapping and managing according to a subunit during each season. Habitat increasing Yellowstone grizzly bear three different management situations value is primarily a function of population throughout the 1990s (USDA Forest Service 1986, pp. 35–39). vegetation and major foods (Weaver et (Eberhardt et al. 1994, p. 362; Knight In areas governed by ‘‘Management al. 1986, p. 236; Dixon 1997, pp. 62–64). and Blanchard 1995, pp. 5, 9; Knight et Situation One,’’ grizzly habitat Habitat effectiveness is that part of the al. 1995, p. 247; Boyce et al. 2001, pp. maintenance and improvement and energy potentially derived from the area 10–11) and that levels of secure habitat grizzly bear/human conflict that is available to bears given their (defined as areas more than 500 meters minimization received the highest response to humans (Weaver et al. 1986, (m) (1650 feet (ft)) from a motorized management priority. In areas governed pp. 238–239; Dixon 1997, pp. 4–5; access route and greater than or equal to by ‘‘Management Situation Two,’’ Mattson et al. 2002, p. 5). More 4 hectares (ha) (10 acres (ac)) in size grizzly bear use was important, but not specifically, habitat effectiveness is a (U.S. Fish and Wildlife Service 2007, the primary use of the area. In areas function of relative value coefficients of pp. 41)) and the number and capacity of governed by ‘‘Management Situation human activities, such as location, developed sites had changed little from Three,’’ grizzly habitat maintenance and duration, and intensity of use for 1988 to 1998 (USDA Forest Service improvement were not management motorized access routes, non-motorized 2004, pp. 140–141, 159–162). considerations. access routes, developed sites, and The habitat-based recovery criteria lay Accordingly, the National Forests and front- and back-country dispersed uses out detailed management objectives and National Parks delineated 18 different (Mattson et al. 2002, p. 5). The approaches to manage motorized access, bear management units within the Cumulative Effects Model, which maintain or increase secure habitat, Recovery Zone to aid in managing represents the best available scientific limit increases in site development, and habitat and monitoring population information in providing managers with assure no increase in livestock trends. Each bear management unit was a comparative index of how much allotments. As each of these further subdivided into subunits, habitat values have changed through management objectives are central to resulting in a total of 40 subunits time, is updated annually to reflect potential present or threatened contained within the 18 bear changes in vegetation, major foods, and destruction, modification, or management units (see map at http:// the number and capacity of human curtailment of habitat or range, each of mountain-prairie.fws.gov/species/ activities. these criteria are discussed in detail

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under Factor A below. These habitat- Team 2006) were produced to respond within the next 100 years and a 4 based recovery criteria have been met. to the need to reevaluate and refine the percent chance of going extinct in the Additionally, we developed four population criteria. The Wildlife next 500 years (Boyce et al. 2001, pp. 1, general habitat-based parameters that Monograph is divided into separate 10–11). However, these analyses did not will be monitored and related to chapters (Haroldson et al. 2006b, pp. consider changes in habitat that may demographic and population 33–42; Harris et al. 2006, pp. 44–55; occur, so Boyce et al. (2001, pp. 33–34) monitoring results—(1) Productivity of Schwartz et al. 2006a, pp. 18–23; did not consider any of the PVAs to be the four major foods; (2) habitat Schwartz et al. 2006c, pp. 25–31; sufficient. Instead, they recommended effectiveness as measured by the Schwartz et al. 2006d, pp. 9–16; that a habitat-based PVA be developed Cumulative Effects Model; (3) grizzly Schwartz et al. 2006e, pp. 57–63), and that would link a grizzly bear bear mortality numbers, locations, and we reference these chapters individually population model with a resource causes; grizzly bear/human conflicts; as applicable. Relevant portions of the selection function rigorously derived nuisance bear management actions; authors’ analyses are summarized from the existing GIS databases bear/hunter conflicts; and bear/livestock below, as well as relevant findings on compiled for the Cumulative Effects conflicts; and (4) development on the likelihood of population persistence Model. However, given the uncertainty private lands (U.S. Fish and Wildlife (as defined in a population viability in parameterizing the habitat databases Service 2007, pp. 25–60). The agencies analysis (PVA)) into the foreseeable and the relationships between food will monitor, and the Study Team will future for the Yellowstone grizzly bear availability and grizzly bear vital rates, annually analyze and report on the population. we do not believe such an exercise, if relationships between grizzly bear Harris et al. (2006, pp. 44–45) used it is ever possible to complete, is population and demographic data, and the survival rates calculated by necessary to make informed the availability and distribution of the Haroldson et al. (2006b, p. 35) and management decisions and maintain a four most important bear foods, habitat Schwartz et al. (2006c, p. 27), and the recovered grizzly bear population in the effectiveness, nuisance bear control reproductive rates calculated by GYA in the foreseeable future. Such actions, numbers and distribution of Schwartz et al. (2006a, p. 19) to model uncertainty could result in a model that bear/human and bear/livestock population trajectory for the is even less indicative or representative conflicts, hunter numbers, and Yellowstone grizzly bear population of potential responses of bears to habitat development on private lands. This between 1983 and 2002. Because the variation than what is available now. information will be used to calculate an fates of some radio-collared bears were This rule relies upon the best scientific index of habitat sufficiency and to unknown, Harris et al. (2006, p. 48) and commercial information available, monitor relationships between calculated two separate estimates of which we view as more than adequate decreases in foods or increases in population growth rate (see our to support this action. human activity, and increasing bear response to Issue 5 under subheading B Mortality control is a key part of any mortality or changes in bear distribution in the Responses to Public Comments successful management effort; however, that might impact the Yellowstone section for additional detail on this some mortality, including human- grizzly bear population. These analyses methodology). They found that the caused mortality, is unavoidable in a will use the demographic values of a Yellowstone grizzly bear population dynamic system where hundreds of stable to increasing population as a increased at a rate between 4.2 and 7.6 bears inhabit large areas of diverse benchmark to be maintained. The percent per year between 1983 and 2002 habitat with several million human current habitat-based recovery criteria (Harris et al. 2006, p. 48). visitors and residents. In 1977, have been appended to the Recovery Schwartz et al. (2006c, p. 29) Eberhardt documented that adult female Plan and are included in the Strategy. concluded that grizzly bears are survival was the most important vital Population and Demographic probably approaching carrying capacity rate influencing population trajectory Management—In 2000, we began a inside Yellowstone National Park. Their (Eberhardt 1977, p. 210). Low adult process to reevaluate the methods used conclusion resulted from the analysis of female survival was the critical factor to measure the status of the bear survivorship of cubs and yearlings, and causing decline in the GYA population population, the methods used to of independent bears, inside prior to the mid-1980s (Knight and estimate population size, and the Yellowstone National Park, outside the Eberhardt 1985, p. 331). In the early sustainable level of mortality in the Park but inside the Primary 1980s, with the development of the first GYA. This process was initiated both in Conservation Area (PCA), and outside Recovery Plan (U.S. Fish and Wildlife response to the 1995 court order (Fund the PCA, as well as the analysis of bear Service 1982, pp. 21–24), agencies for Animals v. Babbitt) and Task Y11 of distribution in those three zones of began to control mortality and increase the 1993 Grizzly Bear Recovery Plan residency. adult female survivorship (USDA Forest (U.S. Fish and Wildlife Service 1993, p. Population viability analyses are often Service 1986, pp. 1–2; Knight et al. 44), which suggested that we used to describe a population’s 1999, pp. 56–57). The 1982 and 1993 ‘‘Reevaluate and refine population likelihood of persistence in the future. Revised Recovery Plan (U.S. Fish and criteria as new information becomes We consider the findings of Boyce et al. Wildlife Service 1982, pp. 33–34, U.S. available.’’ The Wildlife Monograph: (2001, pp. 1–11) in the following Fish and Wildlife Service 1993, pp. 20– Temporal, Spatial, and Environmental paragraphs because they reviewed the 21) established three demographic Influences on the Demographics of existing published PVAs for (population) goals to objectively Grizzly Bears in the Greater Yellowstone Yellowstone grizzly bears, and updated measure and monitor recovery of the Ecosystem, and the report entitled these previous analyses using data Yellowstone grizzly bear population: Reassessing Methods To Estimate collected since the original analyses Demographic Recovery Criterion 1— Population Size and Sustainable were completed. They also conducted Maintain a minimum of 15 Mortality Limits for the Yellowstone new PVAs using two software packages unduplicated (only counted once) Grizzly Bear (hereafter referred to as the that had not been available to previous females with cubs-of-the-year over a Reassessing Methods Document) investigators. They found that the running 6-year average both inside the (Interagency Grizzly Bear Study Team Yellowstone grizzly bear population had Recovery Zone and within a 16-km (10- 2005; Interagency Grizzly Bear Study a 1 percent chance of going extinct mi) area immediately surrounding the

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Recovery Zone. Status: This recovery and, therefore, this criterion has been the reassessment work began, that the criterion has been met (Haroldson met (Schwartz, in press). 1993 criterion was not met (Haroldson 2006b, p. 12). We no longer consider 1993 and Frey 2006, p. 35). Demographic Recovery Criterion 2— Demographic Recovery Criterion 3 to Although the 1993 Recovery Plan Sixteen of 18 bear management units represent the best scientific and suggested calculating sustainable within the Recovery Zone (see map at commercial data available, nor the best mortality as a percentage of the http://mountain-prairie.fws.gov/species/ technique to assess recovery of the minimum population estimate (as mammals/grizzly/yellowstone.htm) Yellowstone grizzly bear population outlined in Demographic Recovery must be occupied by females with because—(1) There is now a method to Criterion 3), this method no longer young, with no 2 adjacent bear calculate the total number of represents the best scientific and management units unoccupied, during a independent females from sightings and commercial data available (Interagency 6-year sum of observations. Status: This resightings of females with cubs Grizzly Bear Study Team 2005, pp. 8– criterion is important as it ensures that (Keating et al. 2002, p. 173), and this 9). The Study Team conducted a critical reproductive females occupy the method allows calculation of total review of both current and alternative majority of the Recovery Zone and are population size (Interagency Grizzly methods for calculating population size, not concentrated in one portion of the Bear Study Team 2005, pp. 12–26) estimating the known to unknown ecosystem. This recovery criterion has instead of minimum population size as mortality ratio, and establishing been met (Podruzny 2006, p. 17). used in the old method (U.S. Fish and sustainable mortality levels for the 1993 Demographic Recovery Criterion Wildlife Service 1993, pp. 41–44); (2) Yellowstone grizzly population 3—The running 6-year average for total There is now a method to calculate the (Interagency Grizzly Bear Study Team known, human-caused mortality should unknown and unreported mortalities 2005, pp. 13–41). The product of this not exceed 4 percent of the minimum (Cherry et al. 2002, pp. 176–181), and work is the aforementioned Reassessing population estimate in any 2 this method allows more conservative Methods Document, which evaluates consecutive years; and human-caused mortality management based on current methods, reviews recent annually updated information rather scientific literature, examines female grizzly bear mortality should not than the estimate of unknown and alternative methods, and recommends exceed 1.2 percent of the minimum unreported mortality used in the the most scientifically valid techniques population estimate in any 2 Recovery Plan (U.S. Fish and Wildlife based on these reviews (Interagency consecutive years. Status: The 4 percent Service 1993, p. 20, 43); and (3) There Grizzly Bear Study Team 2005, pp. 41– limit on total human-caused mortality are now improved and updated data on 45). This Reassessing Methods has not been exceeded since 1995. reproductive performance of Document was sent out to three peer Because female mortality averaged 7.5 Yellowstone grizzly bears (Schwartz et reviewers, and the comments of the female bears per year for the time period al. 2006a, pp. 19–23), updated data on reviewers were incorporated into the from 2001 to 2004 (Haroldson and Frey survival of cub and yearling final document that was released to the 2006, p. 30), even though there were Yellowstone grizzly bears (Schwartz et public in November of 2005 (70 FR only 2 female mortalities in 2005 and 3 al. 2006c, pp. 25–28), updated data on 70632, November 22, 2005). These peer female mortalities in 2006, the high survival of independent Yellowstone reviews are available in the mortality in the preceding years made grizzly bears (Haroldson et al. 2006b, administrative record for this final rule. the 6-year average exceed the 1.2 pp. 33–35), updated data on the We requested public comment on the percent limit in 2004, 2005, and 2006. trajectory of the Yellowstone grizzly Reassessing Methods Document (70 FR This means that this component of 1993 bear population under alternate survival 70632–70633, Nov. 22, 2005). In Demographic Recovery Criterion 3 was rates (Harris et al. 2006, pp. 44–54), and response to the comments received, the not met in the last consecutive 2-year new data on the impacts of spatial and Study Team prepared a Supplement to period of 2005 to 2006. environmental heterogeneity on the Reassessing Methods Document, 2007 Demographic Recovery Criterion Yellowstone grizzly bear demographics which addresses many of the concerns 3—For independent females (at least 2 (Schwartz et al. 2006e, pp. 58–61). raised during the public comment years old), the current annual mortality These improved data and analyses, period (Interagency Grizzly Bear Study limit, not to be exceeded in 2 since the development of the 1993 Team 2006). This Supplement also consecutive years and including all Demographic Recovery Criterion 3 (U.S. underwent peer review. Both the sources of mortality, is 9 percent of the Fish and Wildlife Service 1993, pp. 41– Reassessing Methods Document and its total number of independent females. 44), allow improved mortality Supplement are accessible at http:// For independent males (at least 2 years management based on more accurate mountain-prairie.fws.gov/species/ old), the current annual mortality limit calculations of total population size, mammals/grizzly/yellowstone.htm. not to be exceeded in 3 consecutive and the establishment of sustainable The end result of this critical review years and including all sources of mortality for independent females, and analysis are revised methods for mortality, is 15 percent of the total independent males, and dependent calculating population size, estimating number of independent males. For young. the known to unknown mortality ratio, dependent young (less than 2 years old), As stated above, the update to 1993 and establishing sustainable mortality the current annual mortality limit, not Demographic Recovery Criterion 3 levels for the Yellowstone grizzly to be exceeded in 3 consecutive years began in 2000, as per Task Y11 of the population based on the best available and including known and probable 1993 Recovery Plan (U.S. Fish and science. These methods and the 2007 human-caused mortalities only, is 9 Wildlife Service 1993, p. 44) and the Demographic Recovery Criterion 3 were percent of the total number of court remand to the Service for further appended to the Recovery Plan as a dependent young (Interagency Grizzly study and clarification (Fund for supplement and included in the Bear Study Team 2005, pp. 36–38). Animals v. Babbitt). When this review Strategy (72 FR 11376; 72 FR 11376– Status: Applying the current began in 2000, the 1993 Demographic 11377). methodology to the 1999 to 2006 data, Recovery Criterion 3 had been achieved The current method is a much more mortality limits have not been exceeded since 1998 (Haroldson and Frey 2006, p. comprehensive mortality management for consecutive years for any bear class 35). It was only since 2004, 4 years after approach. Between 1980 and 2002,

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approximately 21 percent of all known and expansion (Interagency Grizzly Bear conservation strategy to outline habitat grizzly bear deaths were from Study Team 2005, pp. 9, 36–38). and population monitoring that will undetermined causes (Servheen et al. Although it is known that dependent continue in force after recovery’’ 2004, p. 15). These deaths could not be bears experience far higher natural (Recovery Plan Task Y426) (U.S. Fish counted against the 4 percent human- mortality rates than independent bears and Wildlife Service 1993, p. 55). To caused mortality limit using the (Schwartz et al. 2006c, p. 30), there is accomplish this goal, in 1993, we previous method because the cause of no known way to sample these created the Interagency Conservation death could not be confirmed. The mortalities directly in the field. Instead, Strategy Team. This team included previous method also assumed a 2-to-1 these rates are calculated from biologists from the Service, the National ‘‘known-to-unknown’’ mortality ratio. consecutive years of observing radio- Park Service, the USDA Forest Service, Many researchers hypothesize that collared females with cubs-of-the-year. the IDFG, the WGFD, and the MTFWP. unknown mortality is much higher than These mortality limits can be reduced In March 2000, a draft Conservation that suggested by a ratio of ‘‘known-to- by individual management agencies of Strategy for the GYA was released for unknown’’ of 2-to-1 (Knight and the multi-agency Yellowstone Grizzly public review and comment (65 FR Eberhardt 1985, pp. 332–333; McLellan Coordinating Committee (hereafter 11340, March 2, 2000). Also in 2000, a et al. 1999, p. 916). After careful referred to as the Coordinating Governors’ Roundtable was organized to consideration and using the best Committee and further described in provide recommendations from the available science, the Study Team Factor D below) within their perspectives of the three States that adopted a new more conservative jurisdictions, as part of the Coordinating would be involved with grizzly bear ‘‘known-to-unknown’’ mortality ratio of Committee management process to meet management after delisting. In 2003, the approximately 1-to-2 that is recalculated the Strategy and the State plans’ draft Final Conservation Strategy for the each year based on the number of management objectives. These mortality Grizzly Bear in the GYA was released, known, reported deaths (Cherry et al. limits, as described above in the along with drafts of State grizzly bear 2002, p. 179; Interagency Grizzly Bear Conservation Strategy Management Area management plans (all accessible at Study Team 2005, pp. 39–41). (Figure 1), cannot be increased above http://mountain-prairie.fws.gov/species/ the limits of 9 percent for independent mammals/grizzly/yellowstone.htm). We Annual allowable mortality limits for females, 15 percent for independent have responded to all public comments each bear class (independent female, males, and 9 percent for dependent received on the Strategy and finalized independent male, and dependent young, unless such an increase is the Strategy (72 FR 11376). The Strategy young) are calculated annually based on justified or supported by new scientific will become effective once this final total population estimates of each bear findings using the best available rule takes effect. class for the current year (Interagency science, and the basis for this increase The purpose of the Strategy and Grizzly Bear Study Team 2005, pp. 5– is documented by the Study Team in a associated State and Federal 9). The Study Team calculates both the report to the Coordinating Committee. implementation plans is to—(1) total population size and the mortality Any such recommendation to increase Describe, summarize, and implement limits within an area designated by the mortality limits would be considered an the coordinated efforts to manage the Strategy (see The Conservation Strategy amendment to the Strategy open for grizzly bear population and its habitat to section of the rule below) that overlaps public comment, and requiring a ensure continued conservation of the and extends beyond suitable habitat (see majority vote by the Coordinating Yellowstone grizzly bear population; (2) Figure 1 below). For independent Committee before finalization (U.S. Fish specify and implement the population, females, a 9 percent limit was and Wildlife Service 2007, p. 63). habitat, and nuisance bear standards to considered sustainable because The Study Team will reevaluate maintain a recovered grizzly bear simulations have shown that this level mortality limits every 8 to 10 years, or population for the foreseeable future; (3) of adult female mortality rate allows a as new scientific information becomes document the regulatory mechanisms stable to increasing population 95 available (Interagency Grizzly Bear and legal authorities, policies, percent of the time (Harris et al. 2006, Study Team 2005, p. 45), or at the management, and monitoring programs p. 50). For independent males, a 15 request of the Coordinating Committee. that exist to maintain the recovered percent limit was considered Allocation of mortality limits within the grizzly bear population; and (4) sustainable because it approximates the Conservation Strategy Management Area document the actions which the level of male mortality in the GYA from (see Figure 1 below) among management participating agencies have agreed to 1983 to 2001 (Haroldson et al. 2006b, p. jurisdictions is the responsibility of the implement (U.S. Fish and Wildlife 38), a period when the mean growth rate Coordinating Committee, but total Service 2007, pp. 5–6). of the population was estimated at 4 to mortality for independent females, The Strategy identifies and provides a 7 percent per year (Harris et al. 2006, p. independent males, and dependent framework for managing two areas, the 48). Independent males can endure a young within the Conservation Strategy PCA and adjacent areas of suitable higher rate of mortality compared to Management Area (see Figure 1 below) habitat where occupancy by grizzly females without affecting the overall must remain at or below the sustainable bears is anticipated as per the State stability or trajectory of the population mortality limits established by the plans. The PCA boundaries (containing because they contribute little to overall Study Team. This allocation process 23,853 sq km (9,210 sq mi)) correspond population growth (Mace and Waller may be used to adjust mortality to those of the Yellowstone Recovery 1998, pp. 1009–1013; Interagency numbers among jurisdictions to achieve Zone (U.S. Fish and Wildlife Service Grizzly Bear Study Team 2005, p. 39). management objectives while staying 1993, p. 41) and will replace the Similarly, the 9 percent limit on human- within the overall mortality limits. Recovery Zone boundary (see Figure 1 caused mortality for dependent young The Conservation Strategy—In order below). The PCA contains adequate was chosen because this level of to provide adequate regulatory seasonal habitat components needed to mortality is less than the 15 percent mechanisms after delisting and ensure support the recovered Yellowstone human-caused mortality documented the long-term maintenance of a grizzly bear population for the for each sex of this age group from 1983 recovered population, the Recovery Plan foreseeable future and to allow bears to to 2001, a period of population growth calls for the development of ‘‘a continue to expand outside the PCA.

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The PCA includes approximately 51 management direction for areas outside responses summary. A 90-day finding percent of the suitable habitat within of the PCA. on whether the petition presented the DPS and approximately 84 to 90 This differential management substantial information indicating percent of the population of female standard (one standard inside the PCA whether the petitioned action may be grizzly bears with cubs (Schwartz et al. and another standard for suitable habitat warranted is included below. Similarly, 2006b, pp. 64–66). outside the PCA) has been successful in this final rule addresses the 2004 The Strategy will be implemented and the past (USDA Forest Service 2004, p. Administrative Procedure Act petition funded by both Federal and State 19). Lands within the PCA/Recovery from the Wyoming Farm Bureau agencies within the Yellowstone DPS. Zone are currently managed primarily to Federation to designate the grizzly bear The USDA Forest Service, National Park maintain grizzly bear habitat, whereas in the GYA as a DPS (Hamilton et al. Service, and BLM will cooperate with lands outside of the PCA/Recovery Zone 2004). Finally, between 1991 and 1999, the State wildlife agencies (MTFWP, boundaries are managed with more we issued warranted-but-precluded IDFG, and WGFD) to implement the consideration for human uses (U.S. Fish findings to reclassify grizzly bears in the Strategy and its protective habitat and and Wildlife Service 1993, pp. 17–18). North Cascades (56 FR 33892–33894, population standards. The USDA Forest Such flexible management promotes July 24, 1991; 63 FR 30453–30454, June Service and National Park Service communication and tolerance for grizzly 4, 1998), the Cabinet-Yaak (58 FR 8250– (which collectively own and manage bear recovery. 8251, February 12, 1993; 64 FR 26725– approximately 98 percent of the PCA) As the grizzly bear population within 26733, May 17, 1999), and the Selkirk are responsible for maintaining or the Recovery Zone has rebounded in Ecosystems (64 FR 26725–26733, May improving habitat standards inside the response to recovery efforts, there has 17, 1999) from threatened to PCA and monitoring population criteria. been a gradual natural recolonization of endangered. These uplisting actions suitable habitat outside of the PCA/ Specifically, Yellowstone National Park, remain precluded by higher priority Recovery Zone (Pyare et al. 2004, p. 6). Grand Teton National Park, and the actions. We hope to further evaluate Today, most suitable habitat within the Shoshone, Beaverhead-Deerlodge, each of these ecosystems during our DPS boundaries is occupied by grizzly Bridger-Teton, Caribou-Targhee, Custer, upcoming 5-year review. Please refer to bears (68 percent) but approximately and Gallatin National Forests are the the proposed rule for more detailed 14,500 sq km (5,600 sq mi) are still primary areas with Federal information on previous Federal actions available for recolonization (see suitable responsibility for implementing the (70 FR 69861, November 17, 2005). habitat analysis in Factor A of this final Strategy. Affected National Forests and rule below). Distinct Vertebrate Population Segment National Parks have incorporated the The Strategy is an adaptive, dynamic Policy Overview habitat standards and criteria into their document that establishes a framework Pursuant to the Act, we shall consider Forest Plans and National Park to incorporate new and better scientific for listing or delisting any species, management plans via appropriate information as it becomes available or as subspecies, or, for vertebrates, any DPS amendment processes so that they are necessary in response to environmental of these taxa if there is sufficient legally applied to these public lands changes. Ongoing review and evaluation information to indicate that such action within the Yellowstone DPS boundaries of the effectiveness of the Strategy is the may be warranted. To interpret and (Grand Teton National Park 2006, p. 1; responsibility of the State and Federal implement the DPS provision of the Act USDA Forest Service 2006b, p. 4; managers and will be updated by the and congressional guidance, the Service Yellowstone National Park 2006, p. 12). management agencies every 5 years, or and the National Marine Fisheries Outside of the PCA, grizzly bears will more frequently as necessary. Public Service published, on December 21, be allowed to expand into suitable comments will be sought on all updates 1994, a draft Policy Regarding the habitat as per direction in the State to the Strategy (U.S. Fish and Wildlife Recognition of Distinct Vertebrate management plans. Here, the objective Service 2007, p. 14). Population Segments under the Act is to maintain existing resource (DPS Policy) and invited public Previous Federal Actions management and recreational uses, and comments on it (59 FR 65884–65885). to allow agencies to respond to On July 28, 1975, the grizzly bear was After review of comments and further demonstrated problems with designated as threatened in the consideration, the Services adopted the appropriate management actions. The conterminous (lower 48) United States interagency policy as issued in draft key to successful management of grizzly (40 FR 31734–31736). On November 17, form, and published it in the Federal bears outside of the PCA lies in their 2005, we proposed to designate the GYA Register on February 7, 1996 (61 FR successfully utilizing lands not population of grizzly bears as a DPS and 4722–4725). This policy addresses the managed solely for bears, but in which to remove this DPS from the Federal List establishment of DPSs for potential their needs are considered along with of Endangered and Threatened Wildlife. listing and delisting actions. other uses. Currently, approximately 10 This notice was followed by a 120-day Under our DPS policy, three factors to 16 percent of female grizzly bears comment period (70 FR 69854, are considered when determining with cubs occupy habitat outside of the November 17, 2005; 71 FR 8251, whether or not a population can be PCA (Schwartz et al. 2006b, pp. 64–66). February 16, 2006), during which we considered a DPS. These are applied The area of suitable habitat outside of held two public hearings and four open similarly for additions to the list of the PCA is roughly 83 percent Federally houses (70 FR 69854, November 17, endangered and threatened species, owned; 6.0 percent Tribally owned; 1.6 2005; 71 FR 4097–4098, January 25, reclassification, and removal from the percent State-owned; and 9.5 percent 2006). Included in the public comments list. They are—(1) discreteness of the privately owned. State grizzly bear was a petition to uplist the Yellowstone population segment in relation to the management plans (Idaho’s Yellowstone DPS to endangered status. All assertions remainder of the taxon (i.e., Ursus Grizzly Bear Delisting Advisory Team of this petition are addressed either in arctos horribilis); (2) the significance of 2002; MTFWP 2002; WGFD 2005), the the Summary of Public Comments the population segment to the taxon to Forest Plan Amendment (USDA Forest section below, in the 5-factor analysis which it belongs (i.e., Ursus arctos Service 2006a), and other appropriate that follows, or in the Reassessing horribilis); and (3) the population planning documents provide specific Methods Document’s issues and segment’s conservation status in relation

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to the Act’s standards for listing (i.e., is Montana that is east of Interstate contiguous portions of the Shoshone, the population segment endangered or Highway 15 and south of Interstate Bridger-Teton, Targhee, Gallatin, threatened). Highway 90; and that portion of Beaverhead-Deerlodge, and Custer Wyoming south of Interstate Highway Application of the Distinct Population National Forests; BLM lands; and 90, west of Interstate Highway 25, Segment Policy surrounding State and private lands Wyoming State Highway 220, and U.S. (U.S. Fish and Wildlife Service 1993, p. Although the DPS Policy does not Highway 287 south of Three Forks (at 39). As grizzly bear populations have allow State or other intra-national the 220 and 287 intersection), and north rebounded and densities have governmental boundaries to be used as of Interstate Highway 80 and U.S. increased, bears have expanded their the basis for determining the Highway 30 (see Figure 1 below). Due range beyond the Recovery Zone, into discreteness of a potential DPS, an to the use of highways as easily other suitable habitat. Grizzly bears in artificial or manmade boundary may be described boundaries, large areas of used to clearly identify the geographic unsuitable habitat were included in the this area now occupy about 36,940 sq area included within a DPS designation. DPS. km (14,260 sq mi) in and around the Easily identifiable manmade projects, The core of the Yellowstone DPS is Yellowstone Recovery Zone (Schwartz such as the center line of interstate the Yellowstone Recovery Zone (24,000 et al. 2002, p. 207; Schwartz et al. highways, Federal highways, and State sq km (9,200 sq mi)) (U.S. Fish and 2006b, pp. 64–66). No grizzly bears highways are useful for delimiting DPS Wildlife Service 1993, p. 39). The originating from the Yellowstone boundaries. Thus, the Yellowstone DPS Yellowstone Recovery Zone includes Recovery Zone have been suspected or consists of—that portion of Idaho that is Yellowstone National Park; a portion of confirmed beyond the borders of the east of Interstate Highway 15 and north Grand Teton National Park; John D. Yellowstone DPS. of U.S. Highway 30; that portion of Rockefeller Memorial Parkway; sizable BILLING CODE 4310–55–P

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Analysis for Discreteness ecological, or behavioral factors 4(a)(1)(D) (‘‘the inadequacy of existing (quantitative measures of genetic or regulatory mechanisms’’) of the Act. Our Under our DPS Policy, a population morphological discontinuity may DPS policy does not require complete segment of a vertebrate species may be provide evidence of this separation); or reproductive isolation among considered discrete if it satisfies either (2) it is delimited by international populations in order to determine that one of the following conditions—(1) It is governmental boundaries within which a population is markedly separated from markedly separated from other differences in control of exploitation, other populations, and allows for some populations of the same taxon (i.e., management of habitat, conservation limited interchange among population Ursus arctos horribilis) as a status, or regulatory mechanisms exist segments considered to be discrete (61 consequence of physical, physiological, that are significant in light of section FR 4722).

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The Yellowstone grizzly bear loci show 55 percent heterozygosity in species in its genetic characteristics. population is the southernmost the GYA grizzly bears compared to 69 Below we address Factors 1, 2, and 4. population remaining in the percent in the NCDE bears (Paetkau et Factor 3 does not apply to the conterminous States and has been al. 1998, pp. 421–424). Heterozygosity is Yellowstone grizzly bear population. physically separated from other areas a useful measure of genetic diversity, Unusual or Unique Ecological where grizzly bears occur for at least with higher values indicative of greater Setting—Grizzly bears in the GYA exist 100 years (Merriam 1922, pp. 1–2; genetic variation and evolutionary in an unusual and unique ecosystem Miller and Waits 2003, p. 4334). The potential. High levels of genetic that has greater access to large-bodied nearest population of grizzly bears is variation are indicative of high levels of ungulates such as bison (Bison bison), found in the NCDE. These populations connectivity among populations or high elk (Cervus elaphus), and moose (Alces are separated by land ownership, numbers of breeding animals. By alces), and less access to fall berries vegetation, and topographic patterns comparing heterozygosity of extant than any other interior North American, unsuitable for grizzly bears. The end bears to samples from Yellowstone European, or Asian grizzly bear result is a functional barrier to grizzly grizzlies of the early 1900s, Miller and populations (Stroganov 1969, p. 128; bear movement across the landscape Waits (2003, p. 4338) concluded that Mattson et al. 1991a, p. 1623; Jacoby et and connectivity between the GYA and gene flow and, therefore, population al. 1999, p. 925; Schwartz et al. 2003b, the NCDE. Grizzly bears from the GYA connectivity between the GYA grizzly pp. 568–569). The GYA ecosystem have not migrated north of the current population and populations to the north contains extensive populations of location of Interstate 90 (the northern was very low historically, even prior to ungulates with an estimated 100,000 boundary of the DPS), probably for at the arrival of settlers. The reasons for elk, 29,500 mule deer (Odocoileus least the last century (Miller and Waits this historic limitation of gene flow are hemionus) and white-tailed deer (O. 2003, p. 4334). Meanwhile, during the unclear. Increasing levels of human virginianus), 5,800 moose, 4,000 bison last decade, there have been periodic activity and settlement in this and, relative to other ungulate reports of grizzly bears from the NCDE intervening area over the last century populations in the area, a small as far south as Highway 12 near Helena, further limited grizzly bear movements population of pronghorn antelope Montana. In the last 25 years, two male into and out of the GYA, resulting in the (Antilocapra americana) (U.S. Fish and grizzly bears have been killed near current lack of connectivity. Wildlife Service 1994, p. ix; Toman et Anaconda, Montana, and the Flint Creek Based on our analysis of the best al. 1997, p. 56; Smith et al. 2003, pp. mountains southwest of the NCDE. Both available scientific data, we find that the 337–338). Although grizzly bears are of these reports are approximately 120 GYA grizzly population and other successful omnivores, grizzlies in the km (75 mi) northwest of the most remaining grizzly bear populations are rest of the conterminous States (Jacoby northerly Yellowstone grizzly bears. markedly separated from each other. et al. 1999, p. 925), most of Europe This distance is too far for normal This contention is supported by (Berducou et al. 1983, pp. 154–155; grizzly bear dispersal distances of evidence of physical separation between Clevenger et al. 1992, pp. 416–417; roughly 10 to 40 km (6 to 25 mi) populations (both current and Dahle et al. 1998, pp. 152–153), and (McLellan and Hovey 2001, pp. 841– historical) and evidence of genetic 842; Proctor et al. 2004, p. 1108) to discontinuity. Therefore, the Siberia (Stroganov 1969, p. 128) rely on effectively connect the NCDE Yellowstone DPS meets the criterion of plant and insect materials for the population or other neighboring discreteness under our DPS Policy. majority of their diet. In contrast, grizzlies in the GYA rely on terrestrial populations with the Yellowstone DPS. Analysis for Significance There is currently no connectivity, nor mammals as their primary source of are there any known resident grizzly If we determine a population segment nutrition, as indicated by bear scat bears in this area between these two is discrete, its biological and ecological (Mattson 1997, p. 162), feed site analysis grizzly bear populations. significance will then be considered in (Mattson 1997, p. 167), and bear hair Because the Yellowstone Ecosystem light of congressional guidance that the isotope analysis (Jacoby et al. 1999, p. represents the most southerly authority to list DPS’s be used sparingly 925). Concentration of isotopic nitrogen population of grizzly bears, connectivity while encouraging the conservation of (15N) in grizzly bear hair from further south is not an issue. genetic diversity. In carrying out this Yellowstone grizzly bears suggests that Connectivity to the east also is examination, we consider available meat constitutes 45 percent and 79 irrelevant to this action as grizzly bears scientific evidence of the population’s percent of the annual diet for females in the lower 48 States no longer exist importance to the taxon (i.e., Ursus and males, respectively (Jacoby et al. east of the GYA, and most of the habitat arctos horribilis) to which it belongs. 1999, p. 925). These high percentages of is unsuitable for grizzly bears. Finally, Our DPS policy states that this meat in Yellowstone grizzly bears’ diet connectivity west into the Bitterroot consideration may include, but is not are in contrast to the 0 to 33 percent of Mountains is irrelevant to this action limited to, the following—(1) meat in the diet of bears in the NCDE because no bears have been documented Persistence of the discrete population and 0 to 17 percent of meat in the diet in this ecosystem in the past 25 years segment in an ecological setting unusual of bears from the Cabinet-Yaak (U.S. Fish and Wildlife Service 1993, p. or unique for the taxon; (2) Evidence Ecosystem (Jacoby et al. 1999, p. 925). 12; 65 FR 69624, November 17, 2000; that loss of the discrete population Furthermore, the source of this animal U.S. Fish and Wildlife Service 2000, p. segment would result in a significant meat is primarily large-bodied viii). gap in the range of the taxon; (3) ungulates, not fish, as in other Genetic data also support the Evidence that the discrete population populations of brown bears in Alaska conclusion that grizzly bears from the segment represents the only surviving and Siberia (Stroganov 1969, p. 128; GYA are demographically markedly natural occurrence of a taxon that may Hilderbrand et al. 1996, pp. 2086–2087). separated from other grizzly bears. be more abundant elsewhere as an Of particular relevance is the Genetic studies involving heterozygosity introduced population outside its Yellowstone grizzly bears’ use of wild (which provides a measure of genetic historic range; and/or (4) Evidence that bison, a species endemic to North variation in either a population or the discrete population segment differs America, but eradicated in most of the individual) estimates at 8 microsatellite markedly from other populations of the lower 48 States except the GYA by the

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end of the 19th century (Steelquist 1998, berries as a significant portion of their these areas has resulted in a markedly pp. 16, 30). Although bison numbers diets. different genetic situation for the have increased since this time, the vast Significant Gap in the Range of the Yellowstone population. majority of today’s bison are found in Taxon—Loss of the Yellowstone DPS We conclude that the Yellowstone managed or ranched herds (Steelquist would represent a significant gap in the grizzly population is significant because 1998, pp. 33–37). Their habitat, range of the taxon. As noted above, it exists in an unusual and unique bunchgrass prairie (tallgrass, mixed- grizzly bears once lived throughout the ecological setting; the loss of this grass, and shortgrass prairie), has been North American Rockies from Alaska population would result in a significant almost entirely converted to agricultural and Canada, and south into central gap in the range of the taxon; and this lands (Steelquist 1998, p. 11), leaving Mexico. Grizzly bears have been population’s genetic characteristics little opportunity for existence in areas extirpated from most of the southern differ markedly from other grizzly bear outside of the isolated refuges and portions of their historic range. Today, populations. the Yellowstone DPS represents the ranches where they are commonly Conclusion of Distinct Population southernmost reach of the grizzly bear. found today. Mattson (1997, p. 167) Segment Review The loss of this population would be found that wild bison comprised the significant because it would Based on the best scientific and second largest source of ungulate meat substantially curtail the range of the commercial data available, as described (24 percent) consumed by Yellowstone grizzly bear by moving the range above, we find that the Yellowstone grizzly bears, second only to elk (53 approximately 4 degrees of latitude to grizzly bear population is discrete from percent). the north. Thus, the loss of this other grizzly populations and significant The Yellowstone grizzly population population would result in a significant to the remainder of the taxon (i.e., Ursus also exists in a unique ecological setting gap in the current range of the taxon. arctos horribilis). Because the because it is able to use whitebark pine Given the grizzly bear’s historic Yellowstone grizzly bear population is seeds as a major food source. Whitebark occupancy of the conterminous States discrete and significant, it warrants pine, a tree species found only in North and the portion of the historic range the recognition as a DPS under the Act. America (Schmidt 1994, p. 1), exhibits conterminous States represent, recovery It is important to note that the DPS annual variation in seed crops, with in the lower 48 States where the grizzly Policy does not require complete high seed production in some years and bear existed in 1975 when it was listed separation of one DPS from other very low seed production in other years has long been viewed as important to populations, but instead requires (Weaver and Forcella 1986, p. 70; the taxon (40 FR 31734–31736, July 28, ‘‘marked separation.’’ Thus, if Morgan and Bunting 1992, p. 71). 1975). The Yellowstone DPS is occasional individual grizzly bears During these years of high seed significant in achieving this objective, as disperse among populations, the Yellowstone grizzly bear DPS would production, Yellowstone grizzly bears it is 1 of only 5 known occupied areas still display the required level of derive as much as 51 percent of their and constitutes approximately half of discreteness per the DPS Policy. And, as protein from pine nuts (Felicetti et al. the remaining grizzly bears in the stated in the 1993 Recovery Plan, we 2003, p. 767). In fact, grizzly bear conterminous 48 States. Finally, the recognize that natural connectivity is consumption of ungulates decreases Yellowstone DPS represents the only important to long-term grizzly bear during years of high whitebark pine grizzly bear population not connected to conservation and we will continue seed production (Mattson 1997, p. 169). bears in Canada. Marked Genetic Differences—Several efforts to work toward this goal In most areas of North America where genetics studies have confirmed the independent of the delisting of the whitebark pine distribution overlaps uniqueness of grizzly bears in the GYA. Yellowstone DPS (U.S. Fish and with grizzly bear populations, bears do The GYA population has been isolated Wildlife Service 1993, p. 53). This issue not consistently use this potential food from other grizzly bear populations for is discussed further under Factor E source (Mattson and Reinhart 1994, pp. approximately 100 years or more (Miller below. In addition, the conclusion 212–214). This may be due to different and Waits 2003, p. 4334). Yellowstone regarding the conservation status (step 3 climatic regimes that sustain berry- grizzly bears have the lowest relative of the DPS analysis) of the Yellowstone producing shrubs or simply the scarcity heterozygosity of any continental grizzly DPS follows the 5-factor analysis of whitebark pines in some areas of the population yet investigated (Paetkau et discussion below. bear’s range (Mattson and Reinhart al. 1998, pp. 421–424; Waits et al. 1994, p. 214). Dependence of 1998a, p. 310). Only Kodiak Island Summary of Public Comments Yellowstone grizzly bears on whitebark grizzly bears, a different subspecies In our proposed rule, we requested pine is unique because in most areas of (Ursus arctos middendorfi), have lower that all interested parties submit its range, whitebark pine has been heterozygosity scores (26.5 percent), information, data, and comments significantly reduced in numbers and reflecting as much as 12,000 years of concerning the status of grizzly bears in distribution due to the introduced separation from mainland populations the GYA, their habitat, and their pathogen white pine blister rust (Paetkau et al. 1998, p. 421; Waits et al. management (70 FR 69882, November (Cronartium ribicola) (Kendall and 1998b, pp. 412–413). Miller and Waits 17, 2005). The comment period was Keane 2001, pp. 228–232). While there (2003, p. 4338) conclude that gene flow open from November 17, 2005, through is evidence of blister rust in whitebark between the GYA and the closest March 20, 2006 (70 FR 69854, pines in the GYA, the pathogen has remaining population was limited prior November 17, 2005; 71 FR 8251, been present for more than 50 years to the arrival of European settlers but February 16, 2006). During this time, we (McDonald and Hoff 2001, p. 210) and could only speculate as to the reasons held two formal public hearings and relatively few trees have been severely behind this historical separation. The four informational meetings (70 FR impacted (see Factor E below). Also, apparent long-term difference in 69854, November 17, 2005; 71 FR 4097– although several berry-producing shrubs heterozygosity between Yellowstone 4098, January 25, 2006). In addition, occur in the area, these are relatively and other Montana populations there were numerous press releases, a limited by climatic factors and most indicates a unique set of circumstances press conference with the Secretary of grizzly bears in the GYA do not rely on in which limited movement between the Interior, and a conference call with

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numerous environmental groups and grizzly bears originating from the NCDE remaining unoccupied suitable habitat non-government organizations have been documented near Anaconda, in the next few decades. discussing the proposed rule. Comments Montana, and one grizzly bear Issue 4—Several commenters noted could be hand delivered to us or originating from the Yellowstone DPS that our definition of suitable habitat submitted to us via e-mail, mail, or was sighted north of Bozeman, does not consider Wyoming’s habitat public hearing testimony. Montana, in the Bridger Mountains. criteria of ‘‘socially acceptable.’’ They During the 120-day comment period, Furthermore, one commenter noted that request that this inconsistency in we received comments from 164,486 the Tobacco Root Vegetation definitions be remedied. individuals, organizations, and Management Plan Final Environmental Response—Our definition of suitable government agencies. Those comments Impact Statement (USDA Forest Service habitat is based on biological criteria. arrived in 193,578 letters, form letters, 2001, p. 44) describes the Tobacco Roots Some considerations of social public hearing testimonies, and email as habitat occupied by grizzlies on both acceptance entered into the messages. Numerous respondents a resident and transient basis. This puts considerations of suitable habitat in the submitted multiple comments, so the the two populations only 72 km (45 mi) Wyoming plan. The Wyoming plan does total number of comments received apart. not restrict grizzly bears from areas (193,578) is greater than the total Response—We know of two records of outside their definition of suitable number of people/groups responding grizzly bears near Anaconda, Montana. habitat. Instead, it establishes (164,486). Twelve of these letters were In one case, the carcass of a subadult management objectives in these areas to signed as ‘‘petitions’’ with 974 male grizzly bear was discovered by a minimize conflicts between bears and signatures. Finally, one of the above hunter in 1980. The other report notes human activities. Because most grizzly comment letters also formally petitioned a 2005 incident in which a hunter bears do not come into conflict with the Service to list the Yellowstone mistakenly shot a grizzly bear 11 km (7 humans, the impact of this difference in grizzly bear DPS as endangered under mi) west of Anaconda that was designation of suitable habitat between the Act and designate critical habitat. determined to be from the NCDE with the Service and Wyoming will have All assertions of this petition are DNA analysis. There are no other little functional impact on grizzly bear addressed either in this section, in the verified reports of grizzly bears within occupancy or mortality. 5-factor analysis that follows, or the 76 km (45 mi) of Anaconda. The Study B. Population Concerns Reassessing Methods Document’s issues Team has no record of any grizzly bears and responses summary. in the Bridger Mountains or in the Issue 1—Several commenters noted We have read and considered all Tobacco Root Mountains. Despite what their concern about the occurrence of comments received. A content analysis the Final Environmental Impact high levels of female mortality since of these comments is available upon Statement for the Tobacco Root 2000 and requested that the impact of request (see ADDRESSES section above) Vegetation Management Plan may this trend be analyzed. It was noted that or online at: http://mountain- identify as occupied habitat, a study the allowable adult female mortality prairie.fws.gov/species/mammals/ conducted in the Tobacco Roots in 1999 was exceeded in 2004 and 2005; grizzly/yellowstone.htm. We updated and 2000 failed to document grizzly therefore, the recovery goal that adult the proposed rule where it was bear presence (Lukins et al. 2004, p. female mortality cannot be exceeded in appropriate, and we respond to all 171). In the final rule, we corrected the 2 consecutive years has not been met. substantive issues received, below. We distance between the Yellowstone These commenters asked that we have grouped similar comments grizzly bear population and the nearest explain why delisting is being proposed together in ‘‘Issues,’’ each of which is bears to account for these two records when one of the recovery goals has not followed by our ‘‘Response.’’ near Anaconda, Montana. This resulted been met. in the closest possible distance between Response—Recovery plans are A. General Comments the Yellowstone population and the intended to provide guidance and are Issue 1—Numerous comments nearest record of a grizzly bear as 120 subject to revision as new data are suggesting corrections to facts and data km (75 mi) instead of 130 km (80 mi) reported. They are not regulatory in the proposed rule such as correcting as reported in the proposed rule. documents. Recovery of species requires typographical errors, including omitted Issue 3—One commenter disputed our adaptive management that may, or may cooperators, and modifying the claim that 30 percent of suitable habitat not, fully follow the guidance provided presentation of statistical results. One outside the PCA within the DPS is in a recovery plan. That said, we no commenter noted our reference to the protected by official Wilderness Area longer consider 1993 Demographic DPS as both a ‘‘population’’ and an designation, instead suggesting only 15 Recovery Criterion 3 to represent the ‘‘area.’’ This commenter also noted percent of occupied habitat outside the best scientific and commercial data inconsistencies in our use of the words PCA within the DPS is protected as available nor the best technique to ‘‘population’’ and ‘‘populations’’ in the Wilderness. assess recovery of the Yellowstone proposed rule and asked if there is one Response—This numeric disparity grizzly bear population. Therefore, the population or multiple populations centers around a difference in our frame 1993 mortality management system for within the DPS boundaries. of reference. Our calculation is the the Yellowstone grizzly bear population Response—There is one population percentage of ‘‘suitable habitat’’ outside has been reevaluated and revised using within the DPS boundaries and the the PCA within the DPS (6,799 sq km a recent and more accurate model appropriate changes have been made in (2,625 sq mi)) that is protected by (Harris et al. 2006, pp. 51–55). This the text of the final rule to clarify this, Wilderness Area designation (22,783 sq approach was consistent with a 1995 as well as the other matters raised in km (8,797 sq mi)). In contrast, this court order to reevaluate this issue Issue 1. comment is referring to ‘‘occupied (Fund for Animals v. Babbitt) and Issue 2—A few commenters disputed habitat’’ outside the PCA within the Recovery Plan Task Y11, which the Service’s claim that the nearest DPS protected by Wilderness Area suggested we work to ‘‘determine grizzly bear population to the designation. We considered suitable population conditions at which the Yellowstone DPS is 130 km (80 mi) habitat because we expect grizzly bears species is viable and self sustaining,’’ away. According to these commenters, to naturally recolonize much of the and to ‘‘reevaluate and refine

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population criteria as new information major foods and environmental also carefully considered the matter of becomes available’’ (U.S. Fish and variables, allowing managers to uncertainty and its implications to Wildlife Service 1993, p. 44). Under the implement actions that respond to management decisions. For additional revised methods for calculating changes in ecological conditions and/or discussion about sources of stochasticity sustainable mortality, female mortality vital rates. The continued monitoring of and their effects on population was not exceeded in either 2004 or these multiple indices will allow rapid persistence, see our response to Issue 5 2005. These changes have been feedback on the success of management under subheading R below. appended to the Recovery Plan and the actions in maintaining a viable Issue 5—One commenter noted that Strategy. population. In addition, please see our the Service presents the estimated Issue 2—Some commenters felt that response to Issue 12 under subheading annual population growth rate as delisting was premature without a PVA F in the Summary of Peer Review between 4 and 7 percent per year. This based on future habitat conditions and Comments section below for more presentation deceptively makes it seem that PVAs based simply on past information on the models the Study that these are the upper and lower population trends are inadequate. A Team is pursuing. bounds of a confidence interval, not habitat-based PVA could determine how Issue 3—One commenter stated that merely two point estimates based on future habitat conditions such as the the Yellowstone DPS range has not different assumptions; and, the Service availability of major food sources, expanded as much as we claim claims that the total population size in climate change, increasing human according to the 1980 Study Team 2004 was 588 individuals but does not populations, and resource extraction report of verified sightings near disclose the confidence intervals around may affect the long-term persistence of Ketchum, Idaho, and Cody, Wyoming. this estimate. the Yellowstone DPS. One commenter Response—Because the cited 1980 Response—The 4 to 7 percent annual referred to a similar PVA conducted by Study Team report provides no population growth rate is based on ‘‘Boyce et al. (2005)’’ on grizzly bears in information regarding the verification of analyses conducted by Harris et al. Alberta, Canada, and suggested that the reported sighting near Ketchum, (2006, p. 48) using survival estimates of Boyce be contracted to do this analysis Idaho, it is impossible to make any grizzly bears determined by Haroldson for the Yellowstone DPS. conclusions on the sighting’s credibility. et al. (2006b, p. 36). Haroldson et al. Response—When we contacted the There is no reason to connect this (2006b, p. 34–35) used a data set of 323 commenter who suggested we consider supposed sighting to the Yellowstone independent (greater than 2 years old) employing a technique similar to ecosystem or to indicate that a bear radio-collared bears, but analyzed the ‘‘Boyce et al. (2005)’’, we were told that sighted there might have come from data two different ways to address the the correct citation for that article was Yellowstone. We did not rely solely on bears with unknown fates. Specifically, Nielsen et al. 2006. Nielsen et al. (2006, sightings of grizzly bears to make the they estimated the survival rate for each pp. 219–221) predicted adult female statement that the population’s range of those data sets, assuming bears whose grizzly bear occupancy and mortality had expanded. Instead, we used peer- fates were unknown either all lived or across the landscape. Their exercise did reviewed literature that documented all died, to establish the most not make any attempt to predict the this range expansion through multiple conservative and most optimistic long-term viability of the grizzly bear data sources, including initial survival rates. The true estimate must be population in Alberta and, in this sense, observations of unduplicated females bracketed by those two bounds. The was not a habitat-based PVA. Instead, with young, locations of radio-collared resulting annual survival rates of Nielson et al. (2006, pp. 226–227) bears, and locations of grizzly bear/ independent female bears were either attempted to provide a useful tool to human conflicts (Schwartz et al. 2002, 92.2 percent or 95.0 percent depending managers that linked not only p. 204; Schwartz et al. 2006b, p. 63). We on which interpretation of unknown occupancy, but also survival, to habitat are confident that the Yellowstone fate is used. conditions. grizzly bear population’s range has Harris et al. (2006, p. 48) then used In our view, a PVA based on possible expanded significantly since 1980 and the two survival estimates produced by future habitat conditions relies upon too the sightings from this time do not Haroldson et al. (2006b, p. 35) to many speculative variables to be relied contradict the conclusions established estimate the growth rate of the GYA upon to determine long-term by Schwartz et al. (2002, p. 207) and grizzly population from 1983 to 2002. persistence. Given the compound Schwartz et al. (2006b, p. 66). For the estimate of population growth uncertainties associated with Issue 4—One commenter noted that rate based on the assumption that all projections of possible future habitat because ‘‘persistence time depends females with unknown fates died at last changes, and the grizzly bear’s strongly on the magnitude of the contact, the mean value of lambda is corresponding responses to those variance in population growth rate’’ and 1.042, with an approximate 95 percent changes, it is unlikely that a habitat- the Yellowstone population size confidence interval of 0.969–1.093. For based PVA would provide an accurate estimates are extremely variable, we the estimate of population growth rate representation of future population should consider this and other sources when adult survival was estimated viability for Yellowstone grizzly bears. of stochasticity in our decision. assuming females with unknown fates The management system outlined in the Response—These variations have survived, the mean value is 1.076, with Strategy depends on monitoring of been considered in detail. The an approximate 95 percent confidence multiple indices including production considerations of the variation of results interval of 1.003–1.113. and availability of all major foods; and is thoroughly evaluated and discussed These population growth rates mean monitoring of grizzly bear vital rates in Harris et al. (2006, p. 46), Schwartz that the Yellowstone grizzly bear including survival, age at first et al. (2006d, p. 14), Schwartz et al. population was increasing at a rate of reproduction, reproductive rate, (2006e, pp. 62–63), the Reassessing 4.2 percent or 7.6 percent per year mortality cause and location, dispersal, Methods Document (Interagency Grizzly between 1983 and 2002 (Harris et al. and human/bear conflicts. These data Bear Study Team 2005, pp. 25, 35–36), 2006, p. 48). Those estimates are often will be used in an adaptive management and its Supplement (Interagency Grizzly reported as ‘‘a growth rate between 4 system to monitor the real-time status of Bear Study Team 2006, pp. 2–10). percent and 7 percent.’’ That does not the population and its relationship with Throughout the rulemaking process we refer to a 95 percent confidence interval.

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Instead, it refers to an estimate based on size has become more common in recent perceived interpretation has led us to the assumption that all bears whose years (Mowat and Strobeck 2000, p. 183; focus on reducing mortality within fates were unknown died at the time Bellemain et al. 2005, p. 150; Solberg et occupied habitat rather than restoring their radio transmissions stopped (4.2 al. 2006, p. 158), the method used to formerly wide-ranging species to percent), and an estimate based on the make a one-time total population historically occupied habitat. This assumption that all bears whose fates estimate for the NCDE would be less commenter noted that the courts have were unknown were alive at the time useful in the GYA than current repeatedly rejected this interpretation their radio transmissions stopped (7.6 methods. DNA was chosen as the and that true recovery requires percent). Those assumptions result in population estimate system in the NCDE connectivity or linkage, protection and conservative bounds, because some because this ecosystem did not have the enhancement of existing populations, bears assumed to have died in the 4 long-term consistent sampling data that meaningful habitat protections, percent growth rate data set were exists in Yellowstone. The final point adequate regulatory mechanisms, and probably still alive, and because some estimate for population size in the recolonization of historic suitable bears assumed to be alive in the 7 NCDE will be available in early 2007 habitat such that ecological percent growth rate data set were and will be a one-time estimate for effectiveness (Trombulak 2006) is probably dead. The true population 2004—the year the sampling was done. restored. growth rate from 1983 to 2002 was Once completed, this DNA-based Response—We disagree with the probably between 4 and 7 percent. system will have taken 4 years and cost assertion that we have focused on Regarding the confidence interval $4.5 million, to produce a 2004 viability instead of recovery. The around the total population estimate, population estimate. Given that the principal goal of the Act is to return the index of total population size is long-term intensive data were available listed species to a point at which produced using the total number, an in Yellowstone, population size protection under the Act is no longer estimate of the total number of females estimates based upon peer-reviewed, required (50 CFR 424.11(d)(2)). A with cubs-of-the-year (Interagency published methods existed, and because species may be delisted on the basis of Grizzly Bear Study Team 2005, pp. 24– the methods used in Yellowstone allow recovery only if the best scientific and 26), and the proportions of females in continuously updated population commercial data available indicate that the population applied to the indices rather than a one-time estimate, it is no longer endangered or threatened proportions of sex and age classes in the the application of a DNA-based system within all or a significant portion of its population. The Chao2 estimator, a was unnecessary for the Yellowstone range (50 CFR 424.11(d)). As described statistical tool used to correct sighting ecosystem. later in this rule, we believe the variability, was chosen by the Study Issue 7—One commenter noted that Yellowstone DPS meets neither of these Team to estimate the number of females we violated the Administrative definitions for listing, thereby justifying with cubs-of-the-year (Keating et al. Procedure Act and the Endangered delisting due to recovery. 2002, p. 170; Interagency Grizzly Bear Species Act by not disclosing the We also disagree with the claim that Study Team 2005, pp. 25–26) because it apparent ‘‘population crash’’ that we have over-emphasized mortality consistently returns results that are occurred in 2005 using the revised control at the expense of other recovery correct or biased low (Interagency methods described in the Reassessing goals. To date, recovery efforts have Grizzly Bear Study Team 2005, p. 20). Methods Document (2004 = 588, 2005 = focused on sufficient mortality control, Confidence intervals for the total 350) and discussing its implications for habitat monitoring, population levels, population index from years 1983 to the population. distribution, management of habitat 2005 are reported in the Supplement to Response—No population crash effectiveness and habitat security, the Reassessing Methods Document occurred in 2005. In 2004, a large monitoring of all grizzly bear/human (Interagency Grizzly Bear Study Team number of females had cubs. Because conflicts, genetic analyses, and linkage 2006, p. 15). For 2005, the total female grizzly bears usually produce zone maintenance. This comprehensive population index is 546 bears with a 95 litters once every 3 years, high cub approach to recovery has led to reduced percent confidence interval between 491 production years are typically followed mortality, increasing population and 602 (Interagency Grizzly Bear Study by years with fewer cubs because less of numbers, and significant increases in Team 2006, p. 15). the adult female population is available range, allowing grizzly bears to Issue 6—Several commenters for breeding. The index of total reoccupy habitat they have been absent questioned why we were not using population size described in the from for decades, as well as deoxyribonucleic acid (DNA) based Reassessing Methods Document demographic and habitat security into methods, like the survey conducted in (Interagency Grizzly Bear Study Team the foreseeable future. Grizzly bears the NCDE during the summer of 2004, 2005, pp. 5–9) is not equivalent to an now occupy 68 percent of suitable to get an accurate estimate of total exact number of animals in the habitat within the DPS and will likely population size. They considered DNA population due to this natural biological occupy the remainder within the to be the best available method and variation associated with cub foreseeable future. However, the Service wondered why this method was not production in grizzly bear populations does not believe that restoration of employed before proposing to delist this (Interagency Grizzly Bear Study Team grizzly bears to all historic habitats population. 2006, pp. 1–2). Fluctuations in the (particularly those no longer capable of Response—The methods developed estimate of population size are expected supporting grizzly bear populations) for producing a population index in the and addressed through the use of a within the DPS boundaries is necessary Yellowstone ecosystem are based on the modeling average technique to estimate or possible. best available science and built on the total number of females with cubs- While some have suggested intensive sampling of this population of-the-year (Interagency Grizzly Bear recolonization of historically suitable for almost 26 years. These methods Study Team 2006, pp. 2–7). habitat to achieve ‘‘ecological produce annually updated population Issue 8—One commenter stated that effectiveness’’ (Trombulak 2006), the size indices and continuously updated we claim that the Act only mandates Act neither requires us to consider population trend estimates. Although that a species be ‘‘viable,’’ rather than ecological effectiveness, nor do we have the use of DNA to estimate population ‘‘recovered.’’ They believed that this any objective way of measuring this

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type of success currently. We do not National Forests) have been finalized certainty of death, if the bear was believe the restoration of the grizzly does not allow the public to know what marked or not, and location are bear as a top predator and scavenger they are commenting on; furthermore, published annually in the Study Team’s throughout all historically occupied the Act requires an analysis of existing annual reports, available at: http:// habitat is feasible or required. Instead, regulatory mechanisms, not those that www.nrmsc.usgs.gov/research/igbst- we have restored grizzly bears to most will be added in the future. home.htm. However, requests received of their suitable habitat within the DPS Response—The Strategy and the for exact locations of grizzly bears and anticipate the State management Habitat-Based Recovery Criteria obtained via radio-telemetry and GPS plans will lead to re-occupancy of the supplement to the Recovery Plan have radio-collars (i.e., ‘‘raw data’’) could not remaining suitable habitat in the near been finalized (72 FR 11376; 72 FR be honored because this information future. Other issues such as linkage are 11376–11377). There have been no was not in our possession. Additionally, only relevant to this rulemaking to the significant changes from the drafts of without the permission of the Secretary extent that they impact the Yellowstone Habitat-Based Recovery Criteria, the of the Interior, the Omnibus Parks and DPS. For example, connectivity or a lack Strategy, and the Forest Plan Public Lands Act of 1998 (16 U.S.C. thereof, has the potential to impact this Amendment for Grizzly Bear Habitat 5937) prohibits the release of specific population’s genetic fitness. As such, Conservation for the GYA National locations of threatened species that this issue is discussed and addressed in Forests. All the supporting documents spend any part of their lives within our five factor analysis (see Factor E have been available for full public National Parks. below) and in the Strategy. review, in accordance with the Administrative Procedure Act (62 FR D. Compliance With Court Settlements C. Public Involvement 47677, September 10, 1997; 64 FR Issue 1—Some commenters claimed Issue 1—Several commenters believe 38464, July 16, 1999; 64 FR 38465, July that the Service violated the Fund for that the Service did not provide 16, 1999; 70 FR 70632, November 22, Animals court settlement (Fund for meaningful ways for the public in areas 2005). The proposed rule also noted that Animals v. Babbitt), by publishing the other than Bozeman, Montana, Cody these draft documents were available proposed rule to delist before finalizing and Jackson, Wyoming, and Idaho Falls, online at—http://mountain- the Habitat Based Recovery Criteria. Idaho, to participate in a dialogue about prairie.fws.gov/species/mammals/ They noted that the Fund for Animals this national issue, except via Web sites grizzly/yellowstone.htm. As envisioned settlement stated that ‘‘Prior to and mail. Numerous commenters at by the Administrative Procedure Act, publishing any proposed rule to delist public hearings, in letters, and in emails changes to the Reassessing Methods any grizzly bear population, the Service encouraged the Service to give greater Document were made in response to will establish habitat-based recovery consideration to opinions of people that public comments. These changes did criteria for that population’s ecosystem live in grizzly bear country than not affect our final determination from ***. In any such rulemaking to opinions of those that do not have to that described in the draft rule. We delist a grizzly bear population, the deal with grizzlies in their daily lives. responded to comments in the final Service will utilize the Habitat Based Conversely, many argued that the documents. The Strategy and the Forest Recovery Criteria, as well as all other grizzly bear is a national and Plan Amendment are existing regulatory pertinent recovery criteria that have international treasure and that all mechanisms that are currently in been established, when addressing the 5 Americans should have an equal voice existence and take effect upon factors set forth in section 4(a)(1) of the in how they are to be managed. implementation of this final rule. Act.’’ Response—The public comment Therefore, we considered these Response—In 1994, The Fund for process considers all comments equally mechanisms when determining if the Animals, Inc., and 42 other and gives no preference based on where regulatory mechanisms were sufficient organizations and individuals filed suit commenters live or what format to protect the Yellowstone DPS’ over the adequacy of the 1993 Recovery commenters use to comment. We recovered status. Plan (Fund for Animals v. Babbitt). The believe that providing multiple formats Issue 3—Some commenters stated that court remanded the Recovery Plan to us for commenting on the proposed rule, the Service violated the Endangered for further study, and in 1996 the parties including hand delivery, e-mail, and Species Act and Administrative reached a settlement agreement. As part U.S. mail lessened the need for formal Procedure Act by not providing the raw of the settlement we agreed to hold a hearings throughout the country. data upon which it relied, thereby workshop on the habitat-based recovery Because all comments are considered hindering the public’s ability to criteria and to append habitat-based equally, it does not matter whether comment on the proposed rule; ‘‘[T]he recovery criteria to the Recovery Plan. comments were submitted via hand Administrative Procedure Act requires On June 17, 1997, we held a public delivery, e-mail, mail, or public hearing. the agency to make available to the workshop in Bozeman, Montana, to In fact, commenting via e-mail, hand public, in a form that allows for develop and refine habitat-based delivery, or letter allowed unlimited meaningful comment, the data the recovery criteria for the grizzly bear. A space to express comments, as opposed agency used to develop the proposed Federal Register notice notified the to the public hearing format, which rule.’’ public of this workshop and provided limited comments to three minutes in Response—We have a responsibility interested parties an opportunity to order to provide an opportunity for all to rely upon the best scientific and participate and submit comments (62 FR attending to speak. commercial data available. In this case, 19777, April 23, 1997). Issue 2—Several commenters stated we relied upon numerous peer reviewed After considering 1,167 written that asking the public to comment on and published documents that we made comments, we developed biologically- the proposed rule when none of the available upon request. Much of this based habitat criteria with the goal of supporting documents (Reassessing information was publicly available maintaining or improving habitat Methods Document, Habitat-Based when we published our proposed rule conditions at 1998 levels. These draft Recovery Criteria, the Strategy, and the and during our public comment period. criteria were published in the Federal Forest Plan Amendment for Grizzly Bear For example, mortality information, Register on July 16, 1999 (64 FR 38464– Habitat Conservation for the GYA including date of death, sex, age, 38465), and a copy of the habitat-based

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criteria also is available at—http:// range, thereby obligating us to recover relevant to the current or foreseeable mountain-prairie.fws.gov/species/ species across a significant portion of status of the Yellowstone DPS. The mammals/grizzly/yellowstone.htm. their historical range to be considered current range of the DPS supports a These revised habitat-based recovery recovered. Some commenters disagreed population of adequate quantity and criteria were relied upon in the with our definition of range and said distribution to ensure a recovered proposed rule and have since been that it was the same as the court- population into the foreseeable future. appended to the Recovery Plan and invalidated wolf rule (68 FR 15804, And, additional unoccupied suitable incorporated into the Strategy (U.S. Fish April 1, 2003), which stated that range, habitat will provide opportunities for and Wildlife Service 2007, p. 39–43). when defined as ‘‘the area within the continued population growth. Finally, Importantly, these habitat-based DPS boundaries where viable as discussed below, a lack of occupancy recovery criteria have not changed populations of the species now exist,’’ of all historic habitat within the DPS significantly since being drafted and was circular because if we define range will not impact whether this population being made available for public as where grizzlies currently are and then is likely to become endangered within comment in 1999. The Strategy ensures conclude that they are therefore the foreseeable future throughout all or they will continue to be met in the recovered within a significant portion of a significant portion of its range. foreseeable future. Our proposed rule that range, this would have meant they Issue 2—One commenter noted that and this final rule utilized the habitat- were recovered in 1975. Several because grizzly bears experience based recovery criteria, as well as all commenters noted that we must explain negative growth rates outside the PCA, other pertinent recovery criteria, when why the Yellowstone grizzly bear is no they are in danger in this portion of addressing the 5 factors set forth in longer threatened by the loss of its their range. The commenter believes section 4(a)(1) of the Act. historical range. that the area outside the PCA constitutes Issue 2—Some commenters noted that Response—A species may be delisted a significant portion of their range we cannot claim that the demographic according to 50 CFR 424.11(d) if the best because we include all grizzly bears and recovery goals have been met because scientific and commercial data available the lands they currently occupy to make the goals cited have been found demonstrate that the threats to that the statement that they are recovered inadequate by the courts. species, as described in section 4(a)(1), within a significant portion of their Response—The demographic recovery have been removed such that it is range. goals have not been found inadequate neither endangered nor threatened. The Response—We agree that the suitable by the courts. The court opinion (Fund Act defines an ‘‘endangered species’’ as habitat outside the PCA represents a for Animals v. Babbitt, p. 30) stated, one that ‘‘is in danger of extinction significant portion of the range, albeit ‘‘Based on the record the court does not throughout all or a significant portion of less significant than suitable habitat find that the defendant’s designation of its range.’’ A ‘‘threatened species’’ is one within the PCA. See the Significant population targets is arbitrary and that ‘‘is likely to become endangered in Portion of Range discussion under capricious.’’ The court directed us to the foreseeable future throughout all or Factor A below for a more detailed ‘‘reconsider the available evidence and a significant portion of its range.’’ One discussion of this issue. That said, its decision to adopt the population consideration in deciding whether a grizzly bears are not in ‘‘danger’’ in monitoring methodology that it has species meets either of these definitions areas outside the PCA. The Yellowstone incorporated into the Grizzly Bear is the interpretation of ‘‘significant grizzly population is a single population Recovery Plan.’’ We did so in a formal portion of its range.’’ with mortalities counted in all areas response to public comments regarding For a detailed discussion of ‘‘range’’ inside the Conservation Strategy the supplemental information under the Act, see the Summary of Management Area (Figure 1) and (accessible at http://mountain- Factors Affecting the Species portion of sustainable mortality limits established prairie.fws.gov/species/mammals/ this rule below. That said, historical for the entire population. The overall grizzly/yellowstone.htm) and found range is only relevant to the discussion population growth rate will be managed these methods were the best available of ‘‘significant portion of the range’’ to for a stable to increasing population as methods when the Recovery Plan was the extent that it may offer evidence per the methods and direction in the written in 1993. In order to apply the whether a species in its current range is Reassessing Methods Document best available methods at the time of likely to become endangered in the (Interagency Grizzly Bear Study Team proposing delisting, we worked with the foreseeable future. In such situations, 2005, pp. 5–11). Although the U.S. Geological Survey and the Study historical range is considered in the population may experience negative Team to begin the process detailed in listing factor section 4(a)(1) analysis. growth rates in some areas, this is not the Reassessing Methods Document Our 5-factor analysis was conducted biologically significant. It would be (Interagency Grizzly Bear Study Team over the entire current and foreseeable inappropriate to suggest one ‘‘segment’’ 2005, pp. 12–41) to consider and apply range of the grizzly bear including all is declining, while another ‘‘segment’’ is newer science to the issues of ‘‘suitable habitat’’ within the DPS increasing because the population is population monitoring and the (defined and discussed under Factor A contiguous and is considered as a whole establishment of sustainable mortality. below). While grizzly bears once entity per our DPS analysis above. The This effort has resulted in the improved occurred throughout the area of the overall trajectory of the population will methods appended to the Recovery Plan Yellowstone DPS (Stebler 1972, pp. remain stable to increasing. and incorporated into the Strategy. 297–299), records indicate that even in the early 19th century, grizzly bears F. DPS Policy E. Significant Portion of Range were less common in these eastern Issue 1—Some commenters believe Issue 1—Many commenters expressed prairie habitats than in mountainous that the DPS policy is to be used only dissenting views and interpretations of areas to the west and south (Rollins in listing decisions and that using it in the Act’s phrase ‘‘significant portion of 1935, p. 191; Wade 1947, p. 444). a delisting decision violates its range’’ as it is used to define a Today, these habitats are no longer Congressional intent and the legislative threatened species, or in this case, a biologically suitable for grizzly bears as and statutory structure of the Act. recovered species. Some stated that they lack adequate food resources (i.e., Response—We disagree with this range does or should mean historical bison). These unsuitable areas are not interpretation of the DPS policy. The

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Act, its implementing regulations, and (1:03–CV–340, D. VT. 2005, p. 20), the horribilis and U. a. middendorfi. U. a. our DPS policy provide no support for court found that ‘‘Nowhere in the Act is horribilis is the subspecies that occurs this interpretation. Section 4(a)(1) of the the Secretary prevented from creating a in North America outside of Kodiak Act directs the Secretary of the Interior ‘non-DPS remnant’ designation, Island, Alaska. Therefore, the current to determine whether ‘‘any species’’ is especially when the remnant area was recovery zones consider recovery in endangered or threatened. Numerous already listed’’ * * *. Our current light of this taxonomy. sections of the Act refer to adding and designation of a Yellowstone DPS, while Issue 4—Some commenters noted that removing ‘‘species’’ from the list of retaining the remaining lower 48 State we violated the DPS policy because we threatened or endangered plants and grizzly bear listing intact as threatened, failed to consider the effect of delisting animals. Section 3(15) defines ‘‘species’’ is consistent with this aspect of the the Yellowstone DPS on rangewide to include any subspecies ‘‘and any District Court’s ruling. recovery of the species, especially in the distinct population segment of any Furthermore, just as the Yellowstone Bitterroot Ecosystem, which is currently species of vertebrate fish or wildlife DPS is discrete from the remaining unoccupied by grizzly bears but ***.’’ The Act directs us to list, populations in the lower 48 States, the considered vital to the metapopulation reclassify, and delist species, remaining populations are discrete from dynamics of grizzlies in the Lower 48 subspecies, and DPSs of vertebrate the Yellowstone DPS. The amended States. species. It contains no provisions lower 48 State listing is discrete from Response—The DPS policy was requiring, or even allowing, DPSs to be Canadian populations of Ursus arctos carefully followed in designating the treated in a different manner than horribilis as delineated by the United Yellowstone DPS. The delisting of the species or subspecies when carrying out States/Canadian international boundary Yellowstone DPS will not have the listing, recovery, and delisting with significant differences in control of detrimental impacts on grizzly bear functions mandated by section 4. exploitation, management of habitat, recovery actions in other recovery Furthermore, our DPS Policy states that conservation status, and regulatory zones, as the grizzly bears in these areas the policy is intended for ‘‘the purposes mechanisms. The amended lower 48 remain threatened under the Act. As of listing, delisting, and reclassifying State listing is significant in that the loss such, coordinated recovery efforts will species under the Act’’ (61 FR 4722, of the lower 48 State population would continue in these areas. February 7, 1996), and that it ‘‘guides result in a significant gap in the range Issue 5—Several commenters the evaluation of distinct vertebrate of the taxon (U. a. horribilis). Therefore, disagreed with the delineation of the population segments for the purposes of the amended lower 48 State listing is boundaries for the Yellowstone DPS. listing, delisting, and reclassifying discrete and significant. Some believe that because the under the Act’’ (61 FR 4725, February 7, Additional analysis is required to boundaries were mainly highways, they 1996). determine if the amended lower 48 State were arbitrary and not based on sound The comment also overlooks the listing warrants further splitting into biological principles. Others believe that untenable situation that would arise if additional DPSs. For now, the the DPS should be expanded to the DPSs could be listed but could never be warranted-but-precluded findings for north to allow for more dispersal delisted after they have been uplisting (from threatened to because, currently, suitable habitat on successfully recovered. Clearly Congress endangered) the Selkirk, the North the northern edge extends nearly to the did not envision such an outcome when Cascades, and the Cabinet-Yaak DPS boundary. Others believe that the amending the definition of species to populations remain precluded by higher DPS boundaries should include the include vertebrate DPSs. priority actions (71 FR 53755, 53835, entire State of Wyoming to lessen Issue 2—A commenter noted that the September 12, 2006). While these confusion and allow for management by DPS analysis in the proposed rule warranted-but-precluded findings are the State of Wyoming if bears disperse created a remnant population, contrary reviewed annually, we intend to review south of Interstate 80. to a court decision. They stated that the the status of the entire amended lower Response—As noted in the proposed Act allows us to ‘‘consider listing only 48 State listing that results from this rule, an artificial or manmade boundary an entire species, subspecies, or DPS’’ final rule in an upcoming 5-year review, (such as Interstate, Federal, and State (Alsea Valley Alliance v. Evans, 161 F. as per section 4(c)(2)(A) of the Act. highways) may be used as a boundary Supp. 2d 1154, 1162 (D. Or. 2001)); Issue 3—One commenter of convenience in order to clearly therefore, we cannot declare part of a recommended that the Service use identify the geographic area included listed subspecies a DPS without also evolutionary divergence (Hall’s within a DPS designation. The designating the remaining listed subspecies) to designate DPSs across Yellowstone DPS boundaries were subspecies as DPS(s). This commenter their historical range and that these defined along easily identifiable suggests that we reconsider the status of should replace or supplement the boundaries and included the entire all other lower 48 grizzly bear current recovery zones. recovery zone, the primary conservation populations simultaneously and should Response—The subspecies approach area, the conservation strategy not delist the GYA population until we identified by Hall (1984, pp. 2–11) management area, all suitable habitat uplist all other populations in the Lower suggested seven different North within the GYA based on biological 48 States. American grizzly bear subspecies and is information, and all occupied habitat. Response—While in some situations not in accordance with accepted We believe this represents the most it may be appropriate to designate scientific taxonomic literature and appropriate DPS for this population. multiple DPSs simultaneously, the lack approaches. We accept the holarctic Expansion of the DPS boundaries is not of such a requirement provides useful species concept and North American necessary to maintain a recovered flexibility, allowing the Service to subspecies designations established by grizzly bear population and is not subsequently list or delist additional the works of Couterier (1954, p. 5), justified biologically, given the limited DPSs when additional information Rausch (1953, pp. 95–107; 1963, p. 43), dispersal capabilities of grizzly bears. becomes available or as the conservation and Kurten (1968, p. 127–128). This Issue 6—Some commenters pointed status of the taxon changes. Importantly, literature establishes one single out that it would be confusing for State courts have upheld this flexibility. In holarctic species (Ursus arctos) and two and Federal managers to have a grizzly National Wildlife Federation v. Norton North American subspecies, U. a. bear roam outside of the boundaries, for

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instance west of Interstate 15, and then website for the Yellowstone grizzly bear Area. Areas outside of suitable habitat be considered a threatened species. To population (http://mountain- will not affect the trajectory or health of address this confusion, some prairie.fws.gov/species/mammals/ the Yellowstone population now or in commenters believe that any grizzly grizzly/yellowstone.htm). This the future. A lack of occupancy of bear originating from the Yellowstone document does not describe recovery historic habitat will not impact whether DPS should be considered part of that criteria, as current levels of genetic this population is likely to become DPS, regardless of where they are diversity are consistent with known endangered within the foreseeable geographically. historic levels and do not threaten the future throughout all or a significant Response—A DPS is a geographic long-term viability of the species, and portion of its range. designation determining the listed instead proposes a post-delisting Issue 2—Several commenters believe status for all individuals of said species monitoring strategy to ensure that that the decision to exclude sheep in that area. Bears outside the DPS area, necessary levels of gene flow occur so allotments as suitable habitat was based no matter their origin, are listed as that this population retains its recovered upon social considerations rather than threatened under the Act. The State and status for the foreseeable future. This biology. Instead, they stated that ‘‘*** Federal agencies are aware of and 1999 information was never formally mortality rates in these areas are not a understand the management appended to the 1993 Recovery Plan. function of the habitat itself, but of land- implications of the DPS boundaries. We Due to the continuous and rapid use decisions’’ and that the habitat used easily identifiable boundaries such evolution of the genetics field, this could be made suitable by regulatory as the center line of major highways to information no longer reflects the most mechanisms. One commenter suggested minimize management confusion. If a up-to-date and scientifically sound that the Service be upfront and clear grizzly bear goes beyond the approach. Therefore, we have that the definition of suitable habitat Yellowstone DPS boundaries, it would determined that it is no longer ‘‘* * * is not based solely on an become a threatened grizzly bear. appropriate to append the 1999 genetic evaluation of the grizzly bear’s resource Similarly, if a grizzly bear from another monitoring methods and management needs.’’ Another commenter requested population enters the Yellowstone DPS responses to the Recovery Plan. Instead, that we prepare an analysis of what boundaries, it would be managed a new genetic monitoring approach proportions of their lives individual according to the Strategy and State which reflects the most recent, best grizzlies spend in ‘‘suitable’’ versus management plans. available science will be applied to the ‘‘unsuitable’’ habitat. Issue 7—One commenter stated that future management of the Yellowstone Response—Our determination that the DPS designation would preclude grizzly bear DPS as described in the sheep allotments were not suitable for augmentation because it would destroy Strategy’s updating process (U.S. Fish grizzly bears was based on mortality the genetic uniqueness of the DPS. and Wildlife Service 2007, p. 63). The rates, which is a biological issue. In Response—Designation of the DPS Coordinating Committee will commence areas of high conflict potential such as would not preclude future this genetic monitoring information campgrounds, management actions are augmentation, if we determine updating process, which will include a taken to limit grizzly bear presence or augmentation to be necessary to public comment process, within 6 use. The sheep allotments outside maintain genetic fitness. The DPS Policy months of this final rule becoming suitable habitat are not necessary to does not require complete separation of effective. ensure that this population avoids one DPS from other populations, but becoming threatened within all or a instead requires ‘‘marked separation.’’ G. Definition of Suitable Habitat significant portion of its range in the As stated in the 1993 Grizzly Bear Issue 1—Several commenters foreseeable future. Because of the Recovery Plan, natural connectivity is requested that we explain why lands habitat protections inside the PCA and important to long-term grizzly bear excluded from our definition of suitable the large percentage of suitable habitat conservation, and we will continue habitat or the State’s definitions do not outside the PCA (60 percent) that is efforts to work toward this goal constitute a significant portion of the currently a Designated Wilderness Area (whether accomplished naturally or grizzly bears’ range. (6,799 sq km/4,225 sq mi), Wilderness through augmentation) independent of Response—None of these unsuitable Study Area (708 sq km/440 sq mi), or the delisting of the Yellowstone DPS areas, either individually or collectively, Inventoried Roadless Area (6,179 sq km/ (U.S. Fish and Wildlife Service 1993, p. are capable of contributing, in a 3,839 sq mi), the long-term persistence 53). Thus, if occasional individual meaningful way, to the overall status of of the Yellowstone grizzly bear grizzly bears disperse among the Yellowstone DPS. Therefore, these population is assured without the sheep populations or are moved intentionally, unsuitable areas do not represent a allotments. the Yellowstone grizzly bear DPS would significant portion of the Yellowstone Our definition of suitable habitat still display the required level of DPS range because their exclusion will reflects the best available science and is discreteness, per the DPS Policy. Gene not influence population trajectory or adequate to ensure that the Yellowstone flow through either linkage or population health. Suitable habitat grizzly bear population is not likely to augmentation is discussed further under inside the PCA, which contains 84 to 90 become endangered within the Factor E below. percent of the population of females foreseeable future throughout all or a Issue 8—One commenter stated that with cubs (Schwartz et al. 2006b, p. 64), significant portion of its range. The he could not find the ‘‘genetic the most important age and sex group to three criteria we used to define suitable monitoring information’’ to be population trajectory, will be protected habitat in the proposed rule are—(1) appended to the Recovery Plan. by the habitat standards in the Strategy. being of adequate habitat quality and Response—This document was made Grizzly bears also will be allowed to quantity to support grizzly bear available for public review and expand into currently unoccupied reproduction and survival (i.e., within comment in 1997 (62 FR 47677, suitable habitat as per the State plans. the Middle Rockies ecoregion—please September 10, 1997) and noticed again Outside the PCA, 60 percent of suitable see discussion below in Suitable Habitat in 1999 (64 FR 38465, July 16, 1999). As habitat is protected by its status as section under Factor A); (2) contiguous noted in the proposed rule, the Designated Wilderness, Wilderness with the current distribution of document also was posted on our Study Area, or Inventoried Roadless Yellowstone grizzly bears such that

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natural re-colonization is possible; and Mountains can support a self-sustaining of the PCA to draw a conclusion about (3) having low mortality risk as grizzly bear population. Again, this future risks and habitat changes there. indicated through reasonable and ‘‘potentially suitable’’ habitat is not Response—The Service has applied a manageable levels of grizzly bear biologically necessary to maintain the reserve design approach by designating mortality. Upon the request of one peer recovered status of the Yellowstone the PCA. The PCA, which is a subset of reviewer and in response to this issue, grizzly bear DPS. the suitable habitat, contains between we undertook additional analyses to We have determined that an analysis 84 to 90 percent of the females with examine how much suitable habitat examining the proportion of time grizzly cubs (the population’s most important would exist in the GYA under different bears spend in suitable and unsuitable age and sex group) (Schwartz et al. definitions of suitable habitat. habitats is unnecessary. Although this 2006b, p. 64). The population has been If grizzly bears were given priority information may be useful when growing at 4 to 7 percent per year since over all other land uses, we found that modeling source-sink dynamics, the the 1990s (Harris et al. 2006, p. 48), with an additional 13,837 sq km (5,342 sq mi) sustainable mortality limits that have most of the growth occurring inside the of habitat exists that meets the first two been established for the entire PCA (Schwartz et al. 2006b, p. 64). The criteria for our definition of suitable population ensure that mortality will best available information demonstrates habitat (found within the Middle not exceed recruitment. The Study that the PCA contains the habitat Rockies ecoregion and contiguous with Team will continue to monitor habitat necessary for a healthy and viable the current population distribution). Of use by radio-collared grizzly bears post- grizzly bear population in the long-term. that ‘‘potentially’’ suitable habitat, delisting and attempt to quantify why Strict habitat protection within the PCA nearly 16 percent (2,184 sq km (843 sq and where grizzly bears experience is guaranteed to assure the future of the mi)) is privately owned. The remaining different mortality rates. population. Sixty percent of suitable habitat is 70 percent National Forest Issue 3—Some commenters noted that habitat outside the PCA is Designated (9,637 sq km (3,720 sq mi)), 8.5 percent we considered more than strictly Wilderness, Wilderness Study Area, or BLM (1,171 sq km (452 sq mi)), 4 biological criteria in the recovery Inventoried Roadless Area. This amount percent State-owned (545 sq km (211 sq process when we introduced the term of protected habitat combined with the mi)), and less than 2 percent in other ‘‘socially acceptable’’ in the Strategy. GYA National Forests’ commitment to Federal ownerships (200 sq km/77 sq Response—The presence of grizzly manage habitat for a viable grizzly bear mi). bears in places with high levels of population, forest-wide food storage Although management direction human activity and human occupancy orders, and designation of the grizzly could change on these Federal and results in biological impacts to grizzly bear as a species-of-concern on GYA State-owned lands to favor grizzly bears bears in terms of increased mortality National Forests, gives the Service by eliminating all other uses (e.g., risk and displacement. The level of this reasonable assurance that grizzly bears livestock grazing allotments, oil and gas impact is directly related to the location outside of the PCA will continue to be development), this action is not and numbers of humans, their activities, protected adequately. In addition, biologically necessary to maintain the and their attitudes and beliefs about allowable hunting mortalities will be recovered status of the Yellowstone grizzly bears. The consideration of determined and limited by the total grizzly bear. These areas do not human activities is fundamental to the sustainable mortality limit. constitute a significant portion of the management of grizzly bears and their range. If this habitat became biologically habitat. H. Habitat Protections necessary in the future due to decreases Issue 4—Many commenters Issue 1—Some commenters in habitat quality or excessive mortality, questioned whether the 1998 baseline questioned the adequacy of the habitat the adaptive management approach applied exclusively inside the PCA was protections that we developed for the described in the Strategy would allow adequate to ensure the continued PCA and advocated more meaningful managers to modify the management viability of the Yellowstone DPS. They habitat protections including baseline within what is currently ‘‘potentially’’ noted that in 1998, the population was values for major foods, restrictions on suitable habitat on public lands. already occupying a large area outside private land development, and limits on When we examine all areas found of the recovery zone and, therefore, to both motorized and non-motorized within the DPS boundaries that are conclude that habitat conditions inside recreation. within the Middle Rockies ecoregion the PCA are what contributed to the Response—Our habitat protection and do not consider whether these areas observed 4 to 7 percent population criteria are adequate and biologically are contiguous with the current grizzly growth is to portray an incomplete sound. There is no biological way to bear population, an additional 7,178 sq picture of what occurred. Many define ‘‘baseline’’ levels for various km (2,771 sq mi) of habitat meets this commenters believed all currently foods because the natural foods for sole criterion. Of this ‘‘potentially occupied habitat should be protected grizzly bears naturally fluctuate, suitable’’ habitat that is not contiguous since it has contributed to the growth of annually and spatially, across the with the current distribution of grizzly the population. Many commenters ecosystem. Instead of establishing bears, 6,341 sq km (2,448 sq mi) is suggested that protections must be artificial baseline values for major contained within the Bighorn extended to all suitable habitat to ensure grizzly bear foods, the protocol in place Mountains and 837 sq km (323 sq mi) long-term viability of the Yellowstone for the monitoring of major foods will within the Pryor Mountains on the DPS. One commenter recommended provide annual indices of the variation Wyoming and Montana border. that we employ a reserve design of these foods, and will compare Distances between these mountain approach with the PCA designated as changes in these foods to grizzly bear ranges, the current distribution of the protected core of the GYA Reserve vital rates such as mortality causes and grizzly bears, and land uses in the (with no hunting) and the rest of the locations, cub production and survival, intervening habitat will preclude GYA managed as a buffer zone (with all adult female survival, and numbers and dispersal of most males and most, if not protections currently provided in the distribution of bear/human conflicts. all, females. Without constant emigrants PCA being extended to the entire GYA). The results will guide adaptive from suitable habitat, it is highly One commenter also noted that we must management responses to changes in unlikely that the Bighorns or the Pryor have data on habitat conditions outside foods such as enhanced Information and

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Education (I & E) efforts, limiting grizzly emphasis to limit conflicts in the Management Rule is sustained in a bear mortality, planting whitebark pine, southern Wind River and the Wyoming possible appeal of the September 19, controlling exotic species, and/or Ranges by discouraging grizzly bear 2006, court decision, the majority of prescribed burning. dispersal and occupancy of these areas. roadless areas are likely to remain Private lands comprise 2.1 percent of The Wyoming Grizzly Bear Management undeveloped. The six GYA National the PCA. Limits on developing private Plan (WGFD 2005, pp. 12–16) does not Forests are committed to managing for lands to reduce conflicts with resident exclude grizzlies from the southern a viable grizzly bear population. If any wildlife are the responsibility of the Wind Rivers; rather, it recognizes a roads are proposed to be built in counties and the States. County higher potential for grizzly bear/human roadless areas, the USDA Forest Service representatives are members of the conflicts if they move into areas such as must first complete a formal National Coordinating Committee and will insure the southern Wind River or Wyoming Environmental Policy Act of 1969 that efforts to limit conflicts on private Mountain ranges. The presence of (NEPA) process and specifically lands will continue. Their cooperation grizzly bears in places where there are consider the project’s impacts on with the State wildlife agencies to high levels of human activity and species of concern, which the promote outreach, education and occupancy results in biological impacts Yellowstone grizzly bear population management of land development to grizzly bears in terms of increased will be classified as post-delisting activities in grizzly habitat to reduce mortality risk and displacement. (USDA Forest Service 2006b, p. 26). bear/human conflicts will continue Consideration of these potential State Petitions for Inventoried Roadless upon delisting. These efforts to limit biological impacts was a critical element Area Management only allow the conflicts on private lands will continue in the determination of suitable habitat. Governors to comment on the Forest under the Coordinating Committee’s As the grizzly population increases in Service process of considering management. area and density, an emphasis will be management of Inventoried Roadless Limiting motorized recreation is a placed on education, conflict Areas and do not provide the Governors fundamental component of the Strategy, prevention, relocation, or removal of any authority to make decisions on road hence the requirement for no net bears to limit conflicts. Because there building. Any comments from the decrease in secure habitat inside the have been few if any bears in these areas Governors would be considered during PCA. This measure directly limits the for many decades and the population the EIS process. total area impacted by motorized has continued to grow during this time, Issue 4—Several commenters recreation, so that grizzly bears have these areas are presently not necessary suggested that we provide habitat adequate secure habitat regardless of the to include in the PCA. protections for identified linkage zones number of people using motorized Issue 3—Commenters requested that between the GYA and other occupied trails. Limitation of non-motorized we consider potential changes in and unoccupied grizzly bear habitat to recreation throughout the GYA is not management of Inventoried Roadless the north and west. currently necessary, as evidenced by the Areas resulting from the 2005 Roadless Response—A process to identify, increasing grizzly bear population since Areas Rule (70 FR 25654) under which maintain, and improve wildlife the 1980’s (Harris et al. 2006, p. 48). The management decisions will be made movement areas between the large adaptive management approach in the based on State Governor’s petitions and blocks of public land in the Northern Strategy will allow managers to respond individual Forest Plans. Some thought Rocky Mountains is ongoing (Servheen to detrimental levels of non-motorized we should undertake a more detailed et al. 2003, p. 3). This interagency effort recreation on a case-by-case basis and analysis of ‘‘* * * roadless areas that involves 13 State and Federal agencies also provide managers with the data are specifically threatened [and] identify working on linkage facilitation across necessary to determine if ecosystem- which formerly-protected areas are private lands, public lands, and wide limitations may be necessary in especially important to present and highways (Interagency Grizzly Bear the future. future grizzly bear conservation.’’ Committee 2001, pp. 1–2). To date, this Issue 2—Numerous comments stated Response—The State Petitions for effort has included: (1) Development of that grizzly bears must be allowed Inventoried Roadless Area Management a written protocol and guidance access to habitat in the Southern Wind Rule (70 FR 25654, May 13, 2005) that document on how to implement linkage Rivers, Palisades, and Wyoming Range replaced the Roadless Area zone management on public lands so that they can find food in light of Conservation Rule (‘‘Roadless Rule’’) (66 (Public Land Linkage Taskforce 2004, declining food sources. These areas are FR 3244, January 12, 2001) was pp. 3–5); (2) production of several currently deemed as socially overturned September 19, 2006 (People private land linkage management unacceptable habitat by the Idaho and of the State of California ex rel. Bill documents, including ‘‘Making Wyoming State management plans. Lockyer, et al. v. U.S. Department of Connections from the Perspective of Many commenters thought that the Agriculture; Mike Johanns, Secretary of Local People’’ (Parker and Parker 2002, States should throw out their concept of the Department of Agriculture, et al., p. 2), and the Swan Conservation ‘‘socially acceptable’’ areas and should, C05–03508 EDL). The State Petitions for Agreement (U.S. Fish and Wildlife instead, encourage colonization of all Inventoried Roadless Area Management Service 1997), which is a collaborative biologically suitable habitat while Rule was set aside and the 2001 linkage zone management document; (3) improving efforts to manage conflicts in Roadless Rule was reinstated. The analyses of linkage zone management in those areas. USDA Forest Service was enjoined from relation to highways, including Response—The Idaho Plan does not taking any further action contrary to the identification of multiple linkage areas limit or restrict bears in the Palisades. 2001 Roadless Rule without undertaking in southeast Idaho from Idaho Falls to The Idaho Plan acknowledges this area environmental analysis consistent with Lost Trail Pass (Geodata Services Inc. as one of many outside the PCA where the court opinion. Because this court 2005, p. 2) and the effects of highways grizzly bear occupancy is anticipated in decision voided the State Petitions for on wildlife (Waller and Servheen 2005, the next 5 to 10 years (Idaho’s Inventoried Roadless Area Management p. 998); and (4) a workshop in the spring Yellowstone Grizzly Bear Delisting Rule, the 2005 Roadless Areas Rule has of 2006 on implementing management Advisory Team 2002, pp. 8–9). The no impacts. Even if the State Petitions actions for wildlife linkage, the Wyoming Plan calls for management for Inventoried Roadless Area proceedings of which are available

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online at: www.cfc.umt.edu/linkage. The recreationists, and grizzly bear/human livestock and predators, and a lowered objective of this work is to maintain and conflicts. Some commenters suggested level of land development sales than enhance movement opportunities for all that overall habitat quality in the GYA previously projected. While there may wildlife species across the northern had already declined, and would be conservation benefits in this overall Rockies. This linkage work is not continue to do so, primarily due to land ownership change, there are directly associated with the Yellowstone houses and off-highway-vehicle (OHV) uncertainties as to the eventual land grizzly population and will continue to use. Commenters believe that we must uses on these properties. address ways to improve cooperation ensure future human population growth The Service has no authority to limit and affect management on public lands, does not affect the grizzly bear or manage future human population private lands, and highways in linkage population and recommended that we growth. Current levels of human use of areas across the northern Rockies quantify current levels of use in the public lands are quantified (USDA regardless of the listed status of the GYA for consideration in a risk Forest Service 2006a, pp. 180–185) and Yellowstone grizzly bear DPS. assessment. They also recommended we managed to limit resource impacts in Issue 5—Numerous commenters develop a comprehensive monitoring, the management plans of the National believed that resource extraction management, and enforcement plan for Forests and the National Parks in the industries would dominate the OHV and snowmobile use in the GYA Yellowstone ecosystem. A modeling landscape if delisting occurred. Some before considering delisting. exercise to further predict the impacts of stated that the overall trend for habitat Response—Human populations in the future population growth on the quality has been declining, at least in GYA, and the rest of the United States, Yellowstone grizzly bear DPS would be part, due to high-density oil and gas are expected to increase (USDA Forest of minimal use due to multiple development. Some commenters believe Service 2006a, p. 229). In the six uncertainties regarding assumptions that we did not fully evaluate or Wyoming counties where grizzly bears about human behavior and how humans acknowledge the potential impacts from are, or are expected to be, in the next will react to grizzly bears. As human oil and gas development or increased few decades, the human population is populations and recreational activity logging in the GYA on the grizzly bear projected to increase by roughly 15,000 have increased in the GYA National population. One commenter noted that, residents between 2000 and 2020 (from Forests, additional regulations have although there are large areas of land in 105,215 in 2000 to 120,771 by 2020) been implemented to limit bear/human the GYA that are not open to surface (Wyoming Department of conflicts such as the food storage orders occupancy, such stipulations are Administration and Information in all suitable habitat on National Forest routinely waived upon request and do Economic Analysis Division 2005). In lands and comprehensive State and not adequately address concerns of ‘‘full the Montana counties of Gallatin, Federal I & E programs that explain how field development’’ that may occur in Madison, Beaverhead, Park, Sweet to coexist with bears. These efforts will grizzly bear habitat. Grass, Stillwater, and Carbon, total continue upon delisting so that the Response—Service-defined suitable populations are expected to increase by potential negative impacts of increasing habitat inside or outside the PCA (see roughly 35,000 people during this same human populations on the Yellowstone Figure 1 above) does not contain active time (from 120,934 in 2000 to 154,800 grizzly bear DPS are adequately oil or gas wells. Timber is the primary by 2020) (NPA Data Services 2002). We mitigated. resource extracted in grizzly bear anticipate similar levels of population Under the Strategy, designated habitat. Habitat quality (as a function of growth in the Idaho counties of the GYA motorized access routes will not be road density and timber harvest) has given that the West, as a region, is increased inside the PCA, and OHV use improved as a result of declining timber projected to increase at rates faster than is restricted to designated motorized harvest and road construction and any other region (U.S. Census Bureau access routes. The USDA Forest Service increasing road decommissioning since Population Division 2005). Increasing Final EIS on the Forest Plan the mid-1990s (USDA Forest Service human populations do not necessarily Amendment for Grizzly Bear Habitat 2006a, pp. 156, 200). lead to declining predator populations, Conservation for The Greater Inside the PCA, the potential for when adequate management programs Yellowstone Area National Forests increased oil and gas development in are in place with policies that promote (USDA Forest Service 2006a, p. 192) the future is guided by the Strategy and the conservation of the species (Linnell states that, ‘‘It is likely that revised its limitations on road density and et al. 2001, p. 348) such as mortality plans will revise, and possibly limit development (U.S. Fish and Wildlife control, research and monitoring, and motorized access to address wildlife Service 2007, p. 41). We do not outreach and education about living security needs, better manage anticipate a dramatic increase in oil and with wildlife. conflicting recreation uses, and protect gas development outside of the PCA due Recent reports (Gosnell et al. 2006, areas from resource damages.’’ to moderate to low potentials for both pp. 749–750) demonstrate that the Quantification and management of OHV occurrence and development majority of land sales over 162 ha (400 use and snowmachine use on public throughout most of the six GYA ac) in size in the greater Yellowstone lands are presented in the management National Forests, with the exception of ecosystem from 1990 to 2001 were to plans of the National Forests and the the Bridger-Teton National Forest amenity buyers (39 percent) (those who National Parks in the GYA. Any (USDA Forest Service 2006a, pp. 210– purchase for ambiance or recreation and detrimental impacts on grizzly bear 213). Even with the high potential for who have little interest in the economic habitat use and/or mortality will be occurrence and development in the viability of the property), or to monitored as part of the comprehensive Bridger-Teton, only 14 active oil and gas traditional ranchers (26 percent). Less monitoring systems in the Strategy. wells are currently inside that National than 6 percent of 605,814 ha (1.497 Issue 7—Many commenters were Forest and none are within Service- million ac) sold from 1990 to 2001 were concerned that declines in all four of the defined suitable grizzly habitat. to land developers, and 12 percent were major foods that Yellowstone grizzlies Issue 6—Many commenters were to investors whose ultimate intention rely upon will decrease the carrying concerned about the rapid human was unknown. This report suggests that capacity of the GYA, with resulting population growth in the GYA and the ongoing changes in land ownership may negative effects on long-term grizzly resulting increases in houses, result in reduced conflicts between bear population viability. The

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commenters stated that the proposed conflicts, where conflicts occur during consider alternative hypotheses and rule was too optimistic regarding grizzly denning or after bear emergence in the processes that may have lead to positive bear response to decreases in major spring. Much of the grizzly bear denning growth rates for the grizzly population foods and noted that the alternative habitat identified in the Forest Plan from 1983–2001 (e.g., good whitebark foods for grizzly bears in the GYA are Amendment Final EIS as being open to pine years in the early 1990s), and that not of the same quality and quantity snowmobiling is not actually used by it is overly simplistic to assume that found as the four major foods grizzlies snowmachines (USDA Forest Service levels of secure habitat, developed sites, currently use. 2006a, p. 92). Bears tend to den in and livestock allotments are adequate to Response—The amounts of major remote areas with characteristics that explain the observed population growth. foods for grizzly bears will likely are not conducive to snowmachining Response—Numerous studies have fluctuate due to possible changes in (i.e., steep, forested habitats). Eighty- confirmed that secure habitat, average temperature, precipitation, eight percent of the known dens in the developed sites, and livestock forest fires, introduced species, and Yellowstone ecosystem are located in allotments affect grizzly bear survival on resident insects. Changes in areas where snowmachine use does not a landscape scale (Mattson et al. 1987, environmental conditions and resulting occur (USDA Forest Service 2006a, p. p. 271; Mace et al. 1996, pp. 1402–1403; changes in foods for grizzly bears have 92). Servheen et al. 2004, p. 20). We used been recognized by management Suitable denning habitat is well these variables as surrogates for habitat agencies throughout the recovery distributed on the forests. Five of the six effectiveness because the annual process. That such changes will occur is GYA National Forests consulted with us variability in the abundance and neither exceptional nor unexpected. The in 2001 regarding the effect of distribution of major foods precludes key issue is determining how snowmachines on denning grizzly bears. the Service from establishing baseline management agencies will quantify and Our best information suggests that values for them. respond to such changes. Presently, a current levels of snowmachine use are We believe that high whitebark pine system has been implemented to not appreciably reducing the survival or cone production in the early 1990s does monitor changes in the production and recovery of grizzly bears. While the not adequately explain the observed distribution of foods in relation to potential for disturbance exists, USDA population growth during this time grizzly bear vital rates (U.S. Fish and Forest Service and Study Team (Haroldson et al. 2006b, p. 41). The Wildlife Service 2007, pp. 25–60). The monitoring over the last three years has Annual Study Team reports document Study Team will report the monitoring not documented any disturbance that the early 1990s were not results on food production, extent and (Gallatin National Forest 2006, p. D–68). particularly good whitebark pine impact of insect and disease on food Monitoring will continue to support production years as evidenced by production, bear mortality, reproductive adaptive management decisions to limit average counts of less than 20 cones per success, and age-specific survival snowmachine use in areas where tree from 1990 through 1995. In fact, the annually to the Coordinating disturbance is documented or likely to only 2 years during the 1990s with cone Committee. The relationships between occur. counts above 20 cones per tree were these factors will detect any impacts of 1996 and 1999 (Haroldson and I. 1998 Baseline for Secure Habitat, changes in foods on bear viability in the Podruzny 2006, p. 45). We also note that Developed Sites, and Livestock ecosystem and will be the basis for an the Yellowstone grizzly bear population Allotments adaptive management response by the was declining in the 1960s and 1970s, Coordinating Committee. Issue 1—Many comments questioned regardless of whitebark pine production. Issue 8—Some private landowners in the logic and supporting evidence for Declines continued until management the GYA were concerned about the using 1998 as the baseline year. Some intervention occurred with the direction given in the Strategy that commenters said that the 1998 baseline implementation of the Guidelines encourages citizens to become involved was chosen arbitrarily and that the (USDA Forest Service 1986, pp. 6–21) in private land issues and questioned Service did not analyze the implications by the affected National Parks and what authority we have to make such a of selecting any other particular year Forests. These Guidelines (USDA Forest recommendation. within the time of 4 to 7 percent Service 1986, pp. 6–21) focused on Response—We have no direct population increase (1983–2001). improving habitat quality and limiting authority over private lands nor can we Response—The year 1998 was chosen human-caused mortality resulting from require private citizen actions. Instead, because secure habitat and site grizzly bear/human conflicts. Because of the Strategy put forward voluntary developments had been roughly the the subsequent success of the recommendations. The consideration of same during the previous ten years Yellowstone grizzly bear population in private land activities on grizzly/human (USDA Forest Service 2004, p. 27) and the decades following implementation conflicts is fundamental to the proper the population was increasing during of the Guidelines, it is reasonable to management of grizzly bears and to these years (Eberhardt and Knight 1996, infer that the Guidelines played a human safety because a p. 419; Harris et al. 2006, p. 48). The significant role and that the disproportionate number of grizzly bear/ selection of any other year between continuation of such management human conflicts occur at site 1988 and 1998 would have resulted in actions will ensure the Yellowstone developments on private lands approximately the same baseline values grizzly bear DPS remains recovered. (Servheen et al. 2004, p. 15). for roads and developed sites. We did Issue 3—Some commenters suggested Issue 9—Some commenters were not select baseline habitat values from that subunits on the Gallatin National concerned about the amount of denning years before 1988 because habitat Forest need to improve levels of secure habitat both inside and outside of the improvements that occurred after the habitat before delisting occurs even if PCA that will be open to snowmachine implementation of the Interagency this means closing additional USDA use. Grizzly Bear Committee Guidelines Forest Service roads to compensate for Response—The Forest Plan (USDA Forest Service 1986, pp. 6–21) adjacent, highly roaded, private lands. Amendment includes guidance that would not have been reflected. Response—The Yellowstone grizzly inside the PCA, localized area Issue 2—Several commenters said that bear DPS increased 4 to 7 percent per restrictions are to be used to mitigate the 1998 baseline did not adequately year between 1983 and 2002 (Harris et

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al. 2006, p. 48) with the current level of With their signatures on the Strategy, biological evaluation or assessment. road density on the Gallatin National the agencies have committed to This evaluation/assessment would Forest. There is no biological reason to implement the habitat standards by determine the mitigation necessary for conclude that additional road density adhering to the 1998 baseline (U.S. Fish any proposed increases in number or reductions on the Gallatin National and Wildlife Service 2007, pp. 13, 63– capacity of developed sites. The final Forest are necessary before delisting can 67), amending the forest plans on the six EIS states that any project that changes move forward. GYA National Forests, and the number or capacity of developed Issue 4—Several commenters believe implementing changes to the sites must follow specific application that the 1998 baseline is unrealistic Superintendent’s Compendiums rules requiring that any new sites be because habitat changes are already regulating habitat management within mitigated by removing an existing site occurring due to oil and gas extraction, Yellowstone and Grand Teton National within that subunit to offset any human population growth, pine beetles, Parks. One phase of the Togwotee Pass increases in human capacity, habitat and other threats to food sources. One road expansion that would have loss, or human access to surrounding commenter said that the 1998 baseline violated the secure habitat terms of the habitats (USDA Forest Service 2006a, p. contained inaccuracies in its road data Strategy (U.S. Fish and Wildlife Service 36). The application rules allow for an thus making its use as a baseline value 2007, pp. 39–44) has been reevaluated expansion of developed campgrounds if ineffective. and abandoned because it violated the an equivalent capacity of dispersed Response—Habitat conditions relating agreed-upon habitat standards (U.S. campsites is eliminated. Administrative to the habitat standards described in the Fish and Wildlife Service 2007, pp. 38– site expansions are exempt from human Strategy (U.S. Fish and Wildlife Service 56). The paved pathways in Grand capacity mitigation expansion only if 2007, pp. 38–56) have either remained Teton National Park’s plan are for they are necessary for enhancement of stable or improved since 1998 for road exclusive use by bicyclists and management of public lands and other densities, levels of secure habitat, site pedestrians and, therefore, do not viable alternatives are not available. developments, and livestock allotments. violate the established limits on The requirement to maintain secure The 1998 baseline was not developed to motorized access routes. The addition of habitat for 10 years is considered a address specific projects such as oil and trailer homes at Lake and Canyon in minimum, and cannot be eliminated gas development or timber harvest. Yellowstone National Park does not after the 10 years unless mitigated by an Using the adaptive management violate the developed site standard equal quantity and quality of secure approach described in the Strategy (U.S. because administrative site expansions habitat that then must be retained for at Fish and Wildlife Service 2007, pp. 5– for improvement of management on least 10 years. There will be no net loss 11), management agencies will respond public lands, for temporary construction of secure habitat in any subunit. with adequate restrictions and camps, or for temporary housing for Temporary changes in secure habitat enforcement if recreation on public major maintenance projects are exempt. may reduce secure habitat for a period lands due to increased human Issue 6—Many commenters objected no longer than 3 years and can be no populations in the GYA becomes to the exceptions that we allow to the larger than 1 percent of the largest detrimental to the Yellowstone grizzly 1998 baseline regarding the 1 percent subunit size within that Bear bear population. The 1998 baseline does rule for temporary changes and the Management Unit. All secure habitat not contain threshold values for any of application rules for permanent changes would be restored upon completion of the major foods due to the natural in secure habitat and developed sites. a temporary project. There are no variability in their abundance and They believe that these allowances are biological data that demonstrate that the distribution that occurs annually. The unacceptable and not based on biology. temporary 1 percent level of secure 1998 baseline attempted to establish Some commenters asked why habitat disturbance in any subunit has realistic habitat standards that ensure replacement habitat used to mitigate had any detrimental impact on the adequate habitat security and minimum permanent changes in secure habitat grizzly bear population. livestock conflicts within the PCA. We would only be maintained for 10 years J. Whitebark Pine consider the establishment of habitat and suggested that this would lead to a thresholds for human population net loss of secure habitat over time. Issue 1—Numerous commenters growth, food sources, and specific Other commenters noted that exceptions noted the importance of whitebark pine projects to be unrealistic and that the allowed in the USDA Forest Service’s to grizzly bear survival and reproductive 1998 baseline will address these issues Draft EIS (USDA Forest Service 2004, p. success. They believe that we were adequately through access management 141) could result in an increase in overly optimistic about the severity of and limitations on site development. developed sites above 1998 levels. Some the decline of whitebark pine in the Regarding the accuracy of road data, the groups believe that the 1 percent rule GYA and the potential impacts to the 1998 baseline for roads is calculated was too restrictive and questioned why Yellowstone grizzly bear DPS. These using the best available road layers the Service would implement more commenters suggested that we complete compiled by each GYA National Forest. strict standards than those in use while a more thorough analysis of impacts of Issue 5—Some commenters suspected the grizzly population was increasing potential decreases in whitebark pine that the 1998 baseline would not be (i.e., the Guidelines). cone production. Several commenters enforced and noted that we have already Response—Regarding developed sites, were concerned that the monitoring allowed three projects that violate the the habitat standard in the Strategy systems described by the Strategy will terms of the Strategy—(1) the Togwotee states that there will be no net increase not detect changes in the grizzly bear Pass road expansion, (2) Grand Teton in the capacity or number of developed population related to decreases in National Park’s plan to build miles of sites from the 1998 baseline (U.S. Fish whitebark pine cone production soon paved pathways, and (3) Yellowstone and Wildlife Service 2007, p. 42). Any enough, and that there is no clear National Park’s installation of large proposed expansion of an existing management response if this occurs. trailer-home developments at Lake and developed site or any new developed Response—We have added additional Canyon for employees and contractors. sites will be analyzed, with the potential information to the final rule concerning Response—The 1998 baseline values detrimental and positive impacts on potential threats to whitebark pine and are being maintained and enforced. grizzly bears documented, through a possible impacts to grizzly bears. The

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extent to which whitebark pine nut attack via verbenone (a hormone that prescribed burning to encourage natural production will be affected across the decreases mountain pine beetle whitebark pine seedling establishment, landscape is unknown and difficult to success). and surveys for healthy trees that may calculate with any degree of certainty. Response—We believe that the possess blister rust resistant genes. Instead, managers will use an adaptive current whitebark monitoring system Verbenone is an anti-aggregation management approach that addresses provides a representative, ecosystem- pheromone of the mountain pine beetle poor food years with responsive wide index of cone production, (Kegley and Gibson 2004, p. 1). It has management actions. numbers of dead trees and the sources usefulness in protecting individual trees The Strategy commits the agencies to of death, and changes in pine nut or small areas 0.4 ha (1 ac) from pine intensive monitoring of all grizzly bear production over time. This beetle attack (Kegley et al. 2003, pp. 4– vital rates, and the relationship of these comprehensive monitoring system is 5, Kegley and Gibson 2004, p. 1), but its rates to changes in major foods and made possible by the synergistic work of use is limited to individual high-value levels and types of human activities. the Study Team, the Greater trees or very small areas. Its use is Vital rates that are more sensitive to Yellowstone Whitebark Pine Monitoring impractical over thousands of square habitat changes such as litter size and Working Group, and the Whitebark Pine kilometers throughout an ecosystem. cub survival also will be monitored. Due Subcommittee. Under the Strategy, the Study Team to the reproductive biology of grizzly Currently, the Study Team monitors will continue to work with the Greater bears in which fertilized eggs are not 19 whitebark pine cone production Yellowstone Whitebark Pine Monitoring implanted into the uterus if the transects within the PCA, 9 of which Working Group and the Whitebark Pine nutritional status of the female is have been monitored on an annual basis Subcommittee to monitor whitebark inadequate, poor whitebark pine since 1980 (Knight et al. 1997, p. 14). pine cone production, the prevalence of production resulting from a landscape The purpose of monitoring these white pine blister rust, whitebark pine scale decrease in overall carrying transects is to assess whitebark pine mortality, and to actively restore capacity would be detected by a production, because Blanchard (1990, p. whitebark pine in the GYA. decreased number of females with cubs- 362) demonstrated that grizzly bears in Issue 3—One commenter stated that of-the-year. the GYA use whitebark pine seeds the Service failed to consider the threat In the short-term, management almost exclusively when pine cone of dwarf mistletoe to whitebark pine. responses to poor whitebark pine cone production averages more than 20 cones Response—While dwarf mistletoe can production years will include per tree. As such, counting dead trees infect and kill whitebark pine trees, it immediate limitation on all which have no cone production has only ever been detected on one discretionary mortalities; enhanced produces an unreliable estimate of cone whitebark pine tree in the GYA of the outreach and education to minimize production of live trees. thousands surveyed each year (Greater bear/human conflicts and the We agree that it is important to Yellowstone Whitebark Pine Monitoring availability of attractants in bear habitat monitor mortality of whitebark pine Working Group 2005, p. 111). There is that might promote such conflicts; trees due to blister rust infection and no evidence to suggest that dwarf notice to residents and users of bear mountain pine beetle infestation. One of mistletoe represents a serious threat to habitat about the possible increased the three stated objectives of the Greater whitebark pine as a food source for foraging of bears in peripheral habitats; Yellowstone Whitebark Pine Monitoring grizzly bears, but the Greater detailed monitoring of food habit shifts Working Group is to ‘‘* * * estimate Yellowstone Whitebark Pine Monitoring and possible changes in home range size survival of individual whitebark pine Working Group will continue to monitor and locations, particularly for adult trees greater than 1.4 m high’’ (Greater for its presence on the transects it has females; limitation of human activities Yellowstone Whitebark Pine Monitoring distributed throughout the GYA. in new or expanded feeding areas Working Group 2005, p. 96). To assess should there be changes in range or whitebark pine mortality, the Greater K. Cutthroat Trout feeding area; and requests for a status Yellowstone Whitebark Pine Monitoring Issue 1—Some commenters suggest review and/or immediate emergency Working Group has established more delisting be delayed until the relisting. The long-term response to than 70 transects outside the PCA and Yellowstone cutthroat trout status decreases in whitebark pine will be works closely with statisticians to review is complete and the findings can continued efforts to replant whitebark ensure a representative sample and a be considered in our decision. pine, habitat management that high power of inference (Greater Response—The Yellowstone cutthroat encourages whitebark pine recruitment Yellowstone Whitebark Pine Monitoring trout was found to be not warranted for and growth, and enhancing secure Working Group 2006, p. 76) for more listing under the Act on February 21, habitat availability in specific areas accurate results. 2006 (71 FR 8818). outside the PCA where healthy The Whitebark Pine Subcommittee, Issue 2—Some commenters noted that whitebark pine may be available. formed in 1998, is an interagency group we did not assess the threat to cutthroat Issue 2—Some commenters critiqued comprised of members from the USDA trout from direct competition for food the current monitoring protocol for Forest Service, the National Park between non-native, invasive New whitebark pine. Specifically, one Service, the Study Team, and the Zealand mud snails and cutthroat trout commenter suggested that the Service Whitebark Pine Ecosystem Foundation fry. update the monitoring protocol for (USDA Forest Service 2006a, p. 148). Response—The New Zealand mud whitebark pine to count dead trees as The Whitebark Pine Subcommittee snail (Potamopyrgus antipodarum) is a cone production equal to zero, so that coordinates the implementation of recently arrived invasive species that whitebark pine mortality due to pine restoration techniques, management was first observed in the GYA in 1994 beetle and blister rust is reflected in responses, and gathering whitebark pine (Hall et al. 2006, p. 1122). They are most total cone production estimates. Other status information. Current work on abundant in the mid-elevation commenters recommended that any whitebark pine includes planting in geothermal streams in Yellowstone delisting proposal be intimately tied several areas, cone collection from National Park. New Zealand mud snails with whitebark pine restoration and healthy trees, silvicultural treatments to can occur in such great abundance that protection from mountain pine beetle improve growth and establishment, they out-compete and displace native

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aquatic invertebrates that are the alternative foods to cutthroat trout, this N. Hunting preferred foods of cutthroat trout. trend will be detected and addressed. Issue 1—Many commenters were However, the Service’s 12-month L. Army Cutworm Moths concerned that the Yellowstone finding on a petition to list Yellowstone population cannot sustain additional cutthroat trout stated that ‘‘While it is Issue 1—Most comments we received human-caused mortality and that this likely this organism (New Zealand mud about army cutworm moths addressed will lead to a decline in the population snail) is increasingly becoming more the proposed rule’s lack of a discussion and eventually to their extinction. widespread and will continue to spread, about the impacts of global climate Response—Because the revised to date there is no evidence that change and pesticide use on the moths. sustainable mortality limits for implicates the New Zealand mud snail Some commenters believe that we independent males and females include in the collapse of any conservation should analyze the impacts of human mortalities from all sources (Interagency populations of Yellowstone cutthroat recreation on grizzly bear use of army Grizzly Bear Study Team 2005, pp. 6– trout’’ (71 FR 8829, February 21, 2006). cutworm moth sites and that identified 7), including hunting, and are applied Because cutthroat trout are not as sites should be protected from heavy ecosystem-wide within the important to reproductive female grizzly recreation and development. bears as previously thought (Felicetti et Conservation Strategy Management Area Response—The final rule contains a (Figure 1), hunting should never al. 2004, p. 496, Reinhart and Mattson discussion of the potential effects of 1990, p. 349; Mattson and Reinhart threaten the Yellowstone grizzly bear global climate change and pesticides on population. Hunting is a discretionary 1995, pp. 2076–2079), we do not foresee army cutworm moths. The Study Team New Zealand mud snails as a threat to mortality source and will occur only if is sponsoring research on the geospatial the mortality limits from all causes have the Yellowstone grizzly bear DPS in all prediction of army cutworm moth sites or a significant portion of its range in not been exceeded (U.S. Fish and that will help managers identify sites Wildlife Service 2007, p. 31). the foreseeable future. that are potentially exposed to human Issue 3—A few commenters noted Issue 2—Some commenters requested recreational use. It is highly unlikely that we discuss the potentially negative that the Yellowstone National Park lake that any of the high-elevation sites used trout removal program has not impacts on grizzly bear population by the moths, all of which are on public dynamics that can be caused by succeeded in reversing the decline in lands, will be exposed to development. the number of cutthroat trout spawning hunting, particularly when large males in the tributaries to Yellowstone Lake. M. Availability of Ungulates are targeted. Response—When large males are Response—Over 100,000 lake trout Issue 1—Some commenters noted that were removed from Yellowstone Lake removed from the population, new male we failed to consider the multiple bears may move into an area and kill between 1994 and 2004. The average factors that may affect the availability of length of captured lake trout and the resident females’ cubs (Swenson et al. ungulate carcasses to grizzly bears in the 1997b, p. 450). This process of sexually- catch per unit effort have declined future. These include brucellosis control during this time, suggesting that lake selected infanticide has been and management plan impacts on the documented in Scandinavia (Swenson trout control efforts are impacting the availability of elk and bison, the population. Fewer and smaller lake et al. 1997b, p. 450). However, the only potential for chronic wasting disease to study of sexually-selected infanticide trout will have a reduced impact on afflict elk populations, competition with cutthroat trout. The lake trout removal conducted in North America concluded wolves at carcasses, displacement of that a limited hunting season under a program will continue. Overall, we do female grizzlies with cubs, loss of not foresee a decline in Yellowstone sustainable mortality regime does not winter habitat and migration routes due decrease cub survival (McLellan 2005, cutthroat trout as a threat to the to human housing trends, and fewer Yellowstone grizzly bear DPS in all or p. 146). This issue is still being debated carcasses available to grizzlies in the in the scientific community. For more a significant portion of its range in the spring due to milder winters. foreseeable future (see Factor E below). discussion about this issue, please see Issue 4—One commenter stated that Response—The final rule contains a Issue 2 under subheading A in the the decline in availability of spawning discussion of all of these issues. Summary of Peer Review Comments cutthroat trout may be forcing more Issue 2 —One commenter noted that section below. Because hunting in the grizzlies out of Yellowstone National we failed to consider the large declines Yellowstone ecosystem will be limited, Park where they are at greater risk of of the northern Yellowstone elk it is unlikely to have an impact on the human-caused mortality. population and how or if this may affect population dynamics of the Yellowstone Response—Only a small proportion of the grizzly bear population. ecosystem population. the Yellowstone grizzly bear DPS eat Response—The northern elk herd Issue 3—Many commenters are cutthroat trout and the nutritional declined from about 17,000 elk in 1995 opposed to sport hunting of any kind contribution of cutthroat trout to the to about 8,000 elk in 2005. The decline and believe such practices to be overall diet of those few bears is has been attributed to a variety of factors barbaric, unnecessary, and unethical. minimal (Felicetti et al. 2004, p. 496). including severe winters, drought, Response—While we respect the Movement data from radio-collared hunter harvest, and increased predation values and opinions of all commenters, grizzly bears who consume trout do not on elk calves by grizzly bears, black we are required by law to make indicate these bears move outside bears, and wolves (Vucetich et al. 2005, decisions based on the best available Yellowstone National Park any more pp. 266–268; Barber et al. 2005, pp. 42– science. As such, the various values that than bears eating foods other than trout. 43). The grizzly bear population has people hold about sport hunting are The Strategy and the Study Team have continued to increase at 4 to 7 percent outside the scope of our decision- established biologically sustainable per year during this time period, making authority. The Study Team has mortality limits for the entire GYA and meaning there is no detectable cause established sustainable mortality limits if bears experience unsustainable and effect relationship between the elk for the Yellowstone grizzly bear mortality levels as a result of leaving population decline and the health of the population that ensure that hunting will Yellowstone National Park in search of grizzly population. not threaten the overall status of the

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population (Interagency Grizzly Bear P. Human-caused Mortality, Poaching, do not currently require hunters to carry Study Team 2005, pp. 5–9). Grizzly Bear/Human Conflicts, and pepper spray, it is strongly encouraged Issue 4—One commenter noted that Information and Education Programs in hunter education courses and other hunting mortality would not be Issue 1—Several commenters were educational materials. Elk hunters in compensatory, because it would take concerned that poaching would increase Grand Teton National Park are required place mostly in Wilderness Areas rather without the deterrent of prosecution to carry bear spray, and this may prove than developed areas, where most under the Act. Many more questioned to be a research opportunity to quantify how much, if any, this requirement human-caused mortalities occur. how much enforcement would occur after delisting and whether the States reduces grizzly bear conflicts with elk Response—Hunting will always be a hunters. had the infrastructure or the desire to source of compensatory mortality for the Montana does not allow black bear pursue poaching investigations. Some Yellowstone grizzly bear DPS because baiting in any areas and black bear all hunting mortalities will fall within commenters noted that the number of baiting inside the PCA is not allowed in the sustainable mortality limits State enforcement officers is lower than Idaho or Wyoming (Servheen et al. established by the Study Team and the Federal enforcement officers, and that 2004, p. 11). In areas outside the PCA Strategy. Hunting permits will not be enforcement would be reduced under in Idaho and Wyoming, State wildlife issued by the States if mortality limits State management. agencies will monitor grizzly bear Response—The States are committed are exceeded. mortality associated with black bear to prosecuting illegal grizzly bear kills, Response—One commenter suggested hunting to respond to problems if they as per the State plans (U.S. Fish and occur. The Yellowstone grizzly bear that we research the effects of hunting Wildlife Service 2007, p. 15), and they on grizzly bear/human conflicts. population has increased while black have the legal authorities to do so under bear baiting has been allowed in Idaho Response—We agree that it would be State law (U.S. Fish and Wildlife and Wyoming outside the PCA, so it useful to compare grizzly bear/human Service 2007, pp. 72–76). There are no cannot be identified as a significant conflicts before and after the data to suggest that the jurisdiction factor that will threaten the recovered implementation of a hunting season to under which poaching is prosecuted status of the Yellowstone DPS. demonstrate its effects on the frequency affects the willingness of poachers to Issue 3—One commenter noted that of grizzly bear/human conflicts. The commit the crime. we must consider the impacts of Study Team and State agencies collect State and Federal conservation increased poaching in habitat data on grizzly bear/human conflicts, officers are usually cross-commissioned, surrounding areas of high-density oil and will continue to do so after so that Federal conservation officers cite and gas production. delisting. These data are reported and State law violators when they encounter Response—Poaching violations may displayed spatially in the Study Team’s them, and vice versa. National Park increase in the vicinity of resource Annual Report. If the effects of any Service rangers would have little extraction boom towns, and the change in the frequency, location, or occasion to encounter State magnitude of increase relative to nature of grizzly bear/human conflicts conservation law violators, but State population growth is greater at are detectable, the data will indicate conservation officers, our special industrial sites than at agricultural or these changes. wildlife agents, Tribal conservation recreational sites (Berger and Daneke officers, and USDA Forest Service 1988, pp. 285–287). State agencies are O. Disease enforcement officers will continue to aware of this potential and will manage cooperate in the investigation of accordingly through increased Issue 1—Most comments we received poaching incidents. Information and Education efforts and that mentioned disease did so in the Issue 2—We received numerous enforcement near boom towns. context of increased susceptibility to comments suggesting how and why we Issue 4—To prevent grizzly bear/ diseases as a result of genetic isolation should focus on reducing grizzly bear/ human conflicts before they occur, and are discussed below in the genetic hunter conflicts. Many thought we many commenters recommended that concerns section. Some commenters should expand efforts to reduce grizzly proper sanitation and garbage storage be referenced the 2005 outbreak of bear/hunter conflicts with black bear implemented in all occupied habitat parvovirus in the Yellowstone wolf and elk hunters either through I & E or and, preferably, in all suitable habitat. population and suggested that, because stricter regulations. Some commenters These preventative measures should be this outbreak was not anticipated, we recommended that all hunters be in place before delisting occurs and are should have a plan to manage a required to carry bear spray and hang especially important in light of potential epidemic disease in bears. their meat immediately when hunting in projected increases in human Response—Approximately 10 percent grizzly bear territory. Several population and private land of the Yellowstone grizzly population is commenters believed that the practice of development over the next several currently tracked using radio collars. black bear baiting, (currently permitted decades. The Study Team examines all bears in Idaho and Wyoming) should be Response—The USDA Forest Service captured for research or management illegal in all suitable grizzly bear habitat currently has food storage orders in purposes, and performs post mortem or outlawed entirely. most Service-defined suitable habitat, examinations on the carcasses of dead Response—The Strategy prioritizes and food storage orders will be bears. If a disease outbreak were to outreach and education to minimize implemented in all suitable habitat occur, it would be identified promptly. grizzly bear/human conflicts (U.S. Fish found within National Forests by 2008. Due to the lack of evidence that diseases and Wildlife Service 2007, pp. 57–62). For a complete map of when and where and parasites play any significant role in The State plans also contain direction food storage orders will take effect on grizzly bear population dynamics in the on ways to minimize grizzly bear/hunter National Forest lands in the GYA, GYA (see Factor C below), we do not conflicts (Idaho’s Yellowstone Grizzly please see http://mountain- view developing a management plan to Bear Delisting Advisory Team 2002, p. prairie.fws.gov/species/mammals/ respond to a potential outbreak as 15; MTFWP 2002, pp. 24, 62; WGFD grizzly/yellowstone.htm. Extensive necessary. 2005, pp. 31–35). Although the States collaborative efforts involving State

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wildlife agencies, NGOs, waste considered adequate regulatory signing the Strategy (U.S. Fish and management companies, and private mechanisms because they are not legally Wildlife Service 2007, p. 13). landowners to improve garbage storage enforceable. Numerous commenters also Issue 3—Some commenters noted that and to avoid future grizzly bear/human noted that the habitat standards because of the 2005 Roadless Rule (70 conflicts on private lands will continue described in the Strategy will be FR 25653, May 13, 2005), Inventoried (Servheen et al. 2004, pp. 6–7). Over unenforceable due to the 2005 USDA Roadless Areas cannot be considered two-thirds of the suggested budgets Forest Service Planning Regulations, secure habitat protected by adequate created by the States and Federal which revoked the use of ‘‘standards’’ in regulatory mechanisms. agencies responsible for managing the Forest Land Management Plans (70 FR Response—The State Petitions for grizzly bear post-delisting are for 1023). Inventoried Roadless Area Management managing grizzly bear/human conflicts Response—By signing the Strategy, Rule (70 FR 25654, May 13, 2005) that and Information and Education efforts responsible agencies demonstrate that replaced the Roadless Area (U.S. Fish and Wildlife Service 2007, p. they are committed to implementing the Conservation Rule (‘‘Roadless Rule’’) (66 154). This level of commitment by features within their discretion and FR 3244, January 12, 2001) was responsible agencies demonstrates their authority. The Strategy provides overturned September 19, 2006. understanding that I & E efforts and adequate assurance that the Management of roadless areas must conflict management and prevention are participating agencies will implement comply with the provisions of the 2001 crucial elements of maintaining a the agreement, which is sufficient to Roadless Rule. Such areas are protected healthy Yellowstone grizzly bear meet the reasonableness required for by adequate regulatory mechanisms. For population. regulatory mechanisms. Furthermore, further discussion, see Factor D below Issue 5—Some commenters believe the USDA Forest Service finalized the and our response to Issue 3 under that aversive conditioning, not Forest Plan Amendment for Grizzly Bear subheading H above. Issue 4—Some commenters noted that management removals, should be Habitat Conservation for the GYA the proposed rule failed to include emphasized when conflicts with National Forests and has incorporated significant habitat on the Wind River livestock occur or when conflicts are the this Amendment into the affected Reservation. These commenters result of human attractants. National Forests’ Land Management Response—The Federal and State recommended that the final rule Plans (USDA Forest Service 2006a, management agencies emphasize recognize the Eastern Shoshone and 2006b, p. 4). This amendment was preventative measures and aversive Northern Arapaho Tribes as active completed pursuant to the 1982 conditioning whenever possible (Idaho’s participants and discuss their plans to planning regulations and supported by Yellowstone Grizzly Bear Delisting create grizzly bear management plans full Environmental Impact Statement Advisory Team 2002, pp. 15–16; for the Wind River Reservation. analysis under the National MTFWP 2002, pp. 46–49; U.S. Fish and Response—The Eastern Shoshone and Environmental Policy Act and would Wildlife Service 2007, pp. 59–60; WGFD the Northern Arapaho Tribes of the not be invalidated by a revision of the 2005, pp. 28, 31). Management removal Wind River Reservation manage wildlife Forest Plan pursuant to the 2005 is only used as a last resort. within their Federally recognized Issue 6—Some commenters thought planning regulations. Yellowstone and boundaries (see Figure 1 above). Both of that grizzly bear conflicts with livestock Grand Teton National Parks appended these tribes have been invited to grazing on public lands should always the habitat standards to their Park participate as representatives on the be settled in favor of the grizzly bear. Superintendent’s Compendiums, Coordinating Committee under the Response—Inside the PCA, numerous thereby assuring that these National Strategy (U.S. Fish and Wildlife Service sheep allotments have been retired or Parks would manage habitat in 2007, p. 9). They are working with us relocated to other, less-conflict-prone accordance with the habitat standards to develop a Grizzly Bear Management areas to accommodate grizzly bears (Grand Teton National Park 2006, p. 1; Plan specific to their lands. Less than (USDA Forest Service 2006a, p. 170). As Yellowstone National Park 2006, p. 44). three percent of all suitable habitat will of 2006, there are only two remaining These issues, and the use and impact of be affected by Tribal management active sheep allotments inside the PCA the various forest planning regulations decisions. We anticipate that their (USDA Forest Service 2006a, p. 168). In (1982 and 2005), are discussed under management plan will encourage grizzly areas inside the PCA, grizzly bears Factor D below. bear occupancy in areas of suitable involved in any livestock conflict will Issue 2—One commenter noted that habitat on the Wind River Reservation. be given a second chance and relocated the States of Wyoming, Montana, and We have recommended that the Tribal at least once before removal is used Idaho do not currently have sufficient Grizzly Bear Management Plan (U.S. Fish and Wildlife Service 2007, p. State laws to prevent excessive (currently being drafted) include grizzly 59). Management of grizzly bear mortality. Some commenters suggested bear occupancy of the Wind River conflicts with livestock grazing on that the Interagency Grizzly Bear Mountains on the Reservation, as this public lands outside of the PCA will be Committee petition Congress for legally will allow grizzly bears continued guided by the respective State wildlife binding, habitat protection for the PCA access to high-elevation whitebark pine agency’s grizzly bear management plan as a prerequisite for delisting, resulting and army cutworm moths in these and will remain within the sustainable in a piece of legislation that provides mountains. mortality limits established for the permanent, Federal, legal protection for Issue 5—Some commenters noted that Conservation Strategy Management the Yellowstone grizzly bear DPS case history (Federation of Fly Fishers v. Area. As such, this source of mortality similar to that afforded to bald eagles Daley, 131 F. Supp. 2d 1158, 1167–68 will not threaten the Yellowstone (Haliaeetus leucocephalus) by the Bald (N.D. Cal. 2000)) suggests that the grizzly bear population. Eagle Protection Act of 1940. Strategy cannot be considered an Response—State agencies have the adequate regulatory mechanism because Q. Adequacy of Regulatory Mechanisms authority and the necessary State laws ‘‘no reliable source for its future Issue 1—Several commenters noted to limit human-caused mortality (U.S. funding’’ exists. that the Strategy, the State plans, and Fish and Wildlife Service 2007, pp. 72– Response—It is not possible to predict the revised mortality methods cannot be 76) and have committed to do so by with certainty future governmental

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appropriations, nor can we commit or management efforts, believing that it vulnerability to disease epidemics due require Federal funds beyond those would be confusing and challenging to to a likely decrease in allelic diversity appropriated (31 U.S.C. 1341(a)(1)(A)), effectively implement monitoring and at the major histocompatibility complex but by signing the Strategy, State and management efforts across multiple locus. They noted that because the Federal management agencies have jurisdictions without the cohesive force Yellowstone DPS has been isolated for committed to implement the protective of the Act. the last 100 years and has not been features that are within their discretion Response—All monitoring, reporting challenged with any epidemic diseases, and authority, and to seek adequate results, and management actions are disease-resistant genetic material may funding for implementation. The centralized under the Coordinating have decreased, thereby ensuring that if Strategy provides adequate assurance Committee and the Study Team, as an epidemic does occur, it will be that the participating agencies will described in the Strategy (U.S. Fish and severe. implement the agreement, which is Wildlife Service 2007, pp. 25–67), Response—We do not know that sufficient to meet the reasonableness which all the State and Federal agencies allelic diversity has declined at the required for regulatory mechanisms. We have signed and agreed to implement. major histocompatibility complex locus are authorized to provide grants to The agencies responsible for managing in the GYA grizzly population. Because States to assist in monitoring the status the Yellowstone grizzly bear population overall allelic diversity has declined of recovered species under section 6(d) upon delisting helped develop the some over the 20th century (Miller and of the Act. Strategy and have been effectively Waits 2003, p. 4337), it may have Issue 6—Some commenters disagreed cooperating and communicating with declined at the major histocompatibility with our assertion that the NEPA will each other about grizzly bear complex locus too. We do not know that adequately protect habitat outside of the management decisions for the last 25 the GYA population has not been PCA regarding road construction and years. challenged by epidemic diseases in the resource extraction. They noted that past 100 years. We can say that R. Genetic Concerns, Isolation, and reliance on NEPA or ‘‘sensitive species’’ epidemic diseases are not known to Connectivity With Other Grizzly Bear designation to adequately protect have caused high mortality in any Populations suitable habitat outside of the PCA is grizzly or brown bear population, not adequate because of the 2005 USDA Issue 1—Numerous commenters including the Kodiak Island, Alaska Forest Service Planning regulations, expressed concern that, due to the population, in which heterozygosity, which eliminated species’ viability isolation of the Yellowstone population, and presumably allelic diversity, is requirements. we should maintain an effective much lower than in the GYA Response—We believe that the population size of at least 500 population. The Study Team monitors potential effects on grizzly bears of any individuals to ensure long-term the health of GYA grizzlies by proposed projects on public land will be viability. Therefore, many commenters examining all bears captured each year fully and adequately considered through believe that we should set a population (approximately 60–80 captures per year) the requirements of NEPA. The USDA objective of 2,000 to 3,000 bears in the and all known mortalities. If disease or Forest Service is designating the GYA or reestablish connectivity among an epidemic occurs, it will be detected Yellowstone grizzly bear DPS a ‘‘species all grizzly bear populations in the Lower promptly and responded to of concern’’ upon delisting (USDA 48 States (so that the total population appropriately. Forest Service 2006b, p. 26). This size is approximately 2,000) before Issue 3—Some commenters noted that designation means that the GYA delisting occurs. relatively modest decreases in National Forests must ‘‘* * * provide Response—Although the effective heterozygosity values (the proportion in the appropriate ecological conditions population size (i.e., the number of an individual of loci that have more (i.e., habitats) necessary to continue to breeding individuals in an idealized than one allele) correspond to much provide for a recovered population’’ population that would show the same larger decreases in allelic diversity (due (USDA Forest Service 2006b, p. 26). For amount of dispersion of allele to inbreeding) and that the proposed further discussion of the USDA Forest frequencies under random genetic drift rule does not contain an adequate Service Planning regulations, see Factor or the same amount of inbreeding as the discussion of this effect or its D below. population under consideration) of the conservation implications. In other Issue 7—Some commenters disputed Yellowstone grizzly bear population is words, they believe that a population the adequacy of State management plans lower than recommended for could be experiencing declines in allelic because none of the plans contain evolutionary success in the absence of diversity that would not be detected if clearly defined standards or methods of management in published literature on the only measure of genetic diversity enforcing compliance of their evolutionary theory (e.g., Franklin 1980, was heterozygosity, and that we should population goals, and because States p.136), the genetic program for the evaluate the biological and conservation cannot compel Federal land Yellowstone grizzly bear population implications of a reduction in allelic management agencies to manage their will effectively address future genetic diversity, if this is occurring in the lands in accordance with the State plans concerns (Hedrick 1995, p. 1004; Miller Yellowstone DPS. or the Strategy. and Waits 2003, p. 4338). As Miller and Response—Although allelic diversity Response—It is true that States cannot Waits (2003, p. 4338) recommend, we has declined in the GYA population compel Federal agencies to manage their will continue efforts to reestablish over the 20th century, the decline was lands in accordance with their State natural connectivity, but our partners not as precipitous as previously plans. However, as participants in the will transplant one to two effective anticipated (Miller and Waits 2003, p. Strategy, both State and Federal migrants per generation if no movement 4338). As measured by Miller and Waits agencies have agreed to carry out all or genetic exchange is documented by (2003, p. 4337), allelic richness provisions of the Strategy, including the 2020 (U.S. Fish and Wildlife Service decreased from approximately 5.89 appended State plans. 2007, p. 37). alleles per locus at the beginning of the Issue 8—Some commenters expressed Issue 2—Several commenters believe 20th century (1910s) to 5.50 at the end concern about the decentralization of that the reduced heterozygosity of the of the century (1990s). Considering all grizzly bear monitoring and Yellowstone population increases their of the information available that

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examines heterozygosity and allelic Issue 5—A few commenters believed minimal confidence about future diversity of grizzly bears in the GYA, that we failed to consider the viability. Instead, the Strategy will Miller and Waits (2003, p. 4338) relationship between isolation and ensure monitoring of multiple indices conclude that ‘‘the viability of the elevated extinction risk. Extinction of and use an adaptive management Yellowstone grizzly bear population is isolated populations can occur simply system that allows rapid feedback about unlikely to be compromised by genetic as a function of their isolation and the success of management actions factors in the near future * * *’’ and habitat size or due to increases in the designed to address the maintenance of that ‘‘* * * one to two effective magnitude of population fluctuations a viable population. migrants per generation from the NCDE resulting from environmental and Because it is generally accepted that to the YE (Yellowstone ecosystem) is an demographic stochasticity. They believe isolated populations are at greater risk appropriate level of gene flow.’’ We that we should fully consider these of extinction over the long-term, we will considered these conclusions pertinent sources of stochasticity on the continue efforts to reestablish natural to the genetic management of the DPS extinction risk of the Yellowstone connectivity between the GYA and and incorporated them into the Strategy grizzly bear DPS. other grizzly bear ecosystems. Although (U.S. Fish and Wildlife Service 2007, Response—This comment refers to natural connectivity is the best possible p. 37). PVAs and questions whether the scenario, isolation does not constitute a Issue 4—One commenter noted that persistence of the Yellowstone grizzly long-term threat to the Yellowstone our statement in Appendix D of the bear population will be significantly grizzly bear population because of Strategy that ‘‘current levels of genetic impacted by the effects of intensive monitoring and adaptive diversity * * * are not resulting in environmental and demographic management strategies that will remain deleterious effects’’ is not supported by stochasticity due to its isolation. The in effect post-delisting. the literature and that Miller and Waits’ Service has considered population Issue 6—One commenter requested (2003, p. 4335) study was not designed viability in considerable depth (Boyce et that we undertake an in-depth to answer this question. Another al. 2001, p. 2). Boyce et al. (2001, p. 1) discussion of what inbreeding commenter noted that deleterious concluded that the available data depression is and the three ways in effects to the Yellowstone population as ‘‘provide optimistic projections of the which it is manifested: (1) The a result of genetic isolation have already likelihood of persistence for grizzly unmasking of recessive, lethal alleles; been documented by Dr. Michael Gilpin bears in the GYE; a 99.2% probability (2) unmasking of partially recessive, in his guest commentary in the that the GYE grizzly bear population deleterious alleles; and (3) decreases in Bozeman Chronicle newspaper on will persist for 100 years.’’ genetic diversity; and what conservation January 23, 2006, and that the level of Boyce et al. (2001, pp. 30–31) discuss implications these have for the inbreeding in the Yellowstone grizzly the implications of several types of Yellowstone DPS. bear population is analogous to mating stochastic (random) events on the Response—This issue is discussed in with first cousins. likelihood of persistence for the the Supplemental Information Response—Indicators of fitness in the Yellowstone grizzly bear population. Appended to the Recovery Plan, its Yellowstone population demonstrate Catastrophes were believed merely to supporting literature, and the literature that the current levels of genetic represent extreme environmental events cited in this final rule. Both the Strategy heterozygosity are adequate, as that had a low probability of occurrence and this final rule recognize that evidenced by measures such as litter and were unpredictable. They believe declines in genetic diversity due to size, little evidence of disease, high that there are insufficient data on grizzly inbreeding effects are expected in survivorship, an equal sex ratio, normal bear genetics to understand or model isolated populations (Ralls et al. 1986, body size and physical characteristics, genetic stochasticity, such as inbreeding p. 35; U.S. Fish and Wildlife Service and an increasing population. These depression or genetic drift. Boyce et al. 2007, p. 37). We agree that inbreeding indicators of fitness will be monitored (2001, p. 30) believe that demographic depression has the potential to annually, in perpetuity. The assertion stochasticity, such as chance events negatively affect the Yellowstone grizzly by Dr. Gilpin that grizzly bears in the associated with births and deaths, only bear DPS if genetic diversity declines GYA are experiencing inbreeding affects viability when populations are below current levels. For this reason, we coefficients of 12.5 percent, equivalent very small (e.g., 30 to 50 bears). have reviewed relevant literature about to mating with their first cousins, is Similarly, Harris et al. (2006, p. 50) this topic (Ralls and Ballou 1983, pp. incorrect (Miller 2006). Dr. Gilpin did found that demographic stochasticity 147–179; Allendorf and Leary 1986, pp. not cite a source for his reported had little effect on the growth rate 72–76; Ralls et al. 1986, pp. 35–37; inbreeding coefficient for GYA bears, estimates unless population size fell Lande 1988, pp. 1455–1456, 1460; and we are unaware of this figure being below 100 females. Roelke et al. 1993, pp. 344–348; Hunter reported elsewhere. Miller (2006) Environmental stochasticity is 1996, pp. 88–90; Wang et al. 1999, estimated an inbreeding coefficient for generally thought to be more important pp. 168–176) and, upon the the GYA population of approximately 6 than demographic stochasticity when recommendation of Miller and Waits percent over the last 10 generations, not calculating extinction risk (Lande 1988, (2003, p. 4338), our partners will 12.5 percent over a single generation, as p. 1457). In light of this, Boyce et al. translocate grizzly bears from other implied by a scenario in which first (2001, pp. 31–32, 34) recommend that populations into the GYA to maintain cousins mate with each other. The very the best possible analysis of population current levels of genetic diversity if low rate of loss of heterozygosity over viability for the Yellowstone grizzly natural movement of grizzly bears into the 20th century, in combination with bear population would be based on the GYA from other areas is not the introduction of 1 or 2 effective relationships between grizzly bear vital documented by 2020. migrants per generation (naturally or rates (survival and reproduction) and Issue 7—We received numerous through augmentation), will ensure habitat factors (a habitat-based PVA). comments regarding the plan to long-term genetic viability, and the However, the range of possible augment the Yellowstone DPS with recovered status, of the Yellowstone outcomes of such a modeling exercise, grizzly bears from the NCDE population grizzly bear DPS (Miller and Waits 2003, based on compound uncertainties, to address genetic concerns should p. 4338). provides little management value and connectivity between these two

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ecosystems not occur naturally by 2020. Response—Our recommendation to ecosystems, we anticipate that bears Some of these comments pertained to augment the population with one will naturally reestablish themselves the feasibility of transplanting bears migrant per generation is based on between recovery ecosystems and from the NCDE to Yellowstone. These Miller and Waits (2003, p. 4338), who achieve connectivity. We agree that the commenters noted that, based on conclude that one to two effective establishment of a grizzly bear augmentation experiments in the migrants per generation is appropriate population in the Bitterroot Recovery Cabinet-Yaak Ecosystem, we may have to maintain current levels of genetic Zone would contribute to recovery of to move eight bears to get two to stay diversity. ‘‘The viability of the the grizzly bear in the Lower 48 States and reproduce successfully (i.e., become Yellowstone grizzly population is (Boyce 2000, p. 6–243). However, the effective migrants). Some commenters unlikely to be compromised by genetic lack of natural connectivity will not also questioned whether survival of factors in the near future as we threaten the Yellowstone DPS because augmented bears would be affected by hypothesized based on modern samples. of the genetic management plan interactions with other grizzly bears Rather, the genetic consequences of described in the Strategy (U.S. Fish and and/or a bear’s willingness to stay in a inbreeding and isolation are likely to Wildlife Service 2007, p. 37). new environment instead of one it was transpire over longer time periods Issue 10—Several commenters highly familiar with. Finally, some (decades or centuries)’’ (Miller and objected to relocating bears from the commenters suggested that high Waits 2003, p. 4338). Regarding our NCDE to the GYA to address genetic mortality in the NCDE may preclude definition of an ‘‘effective migrant’’ as concerns because it would violate the this option, because moving bears from one which remains in the area, survives, Act’s vision of ‘‘self-sustaining the NCDE to Yellowstone would count and successfully reproduces, we populations,’’ ‘‘recovery of populations as a mortality in the NCDE ecosystem. recognize that a more complete in the wild,’’ and ‘‘natural recovery.’’ Response—The feasibility of definition involves measures of They cited the need for augmentation as translocating grizzly bears for genetic relatedness between the source and evidence that the Yellowstone DPS is augmentation is not untested. recipient population, as well as other not truly recovered. Translocation has been successfully genetic measures (Wang 2004, p. 335). If Response—The Act does not require a employed in the Cabinet-Yaak translocation is required in the future, ‘‘hands off’’ approach as a prerequisite Ecosystem (Kasworm et al., in press, p. our partners will consult with for delisting. In fact, the presence of 6). Kasworm et al. (in press, pp. 6, 8) geneticists and use the best available adequate regulatory mechanisms to were only able to document successful science to determine how many bears ensure that appropriate management reproduction by one of the three bears must be translocated from the source and monitoring activities continue is that remained in the area after being population to equal one effective required before delisting can occur. For translocated; confirmation of successful migrant to the Yellowstone grizzly bear the Yellowstone grizzly bear DPS to reproduction events for the other two DPS. Regarding the effects of other remain unthreatened in all or a bears was not possible because they selective forces on the one-migrant-per- significant portion of its range in the lacked reference genetic material. Any generation rule, Wang (2004, p. 341) foreseeable future, active management is bear that is translocated from the NCDE concluded that, ‘‘In general, the one- necessary to limit mortality, provide into the GYA will be radio-collared and migrant-per-generation rule is robust to adequate habitat, respond to grizzly monitored to determine whether it the systematic forces of selection and bear/human conflicts, and maintain remains in the area and survives. As in mutation.’’ the Cabinet-Yaak Ecosystem, genetic Issue 9—Most commenters preferred genetic diversity either through natural analysis will be used in subsequent the idea of natural connectivity over connectivity or through translocation. In years to confirm whether a transplanted artificial augmentation and noted that this way, the Yellowstone grizzly bear bear has successfully reproduced in the connectivity is a vital component of DPS is a ‘‘conservation-reliant species’’ GYA. The exact number of translocated recovery and should be restored before (Scott et al. 2005, p. 383). Augmentation migrants into the GYA will be delisting can occur. Numerous is proposed as a precautionary measure determined through these monitoring commenters wanted population based on the recommendations of Miller activities. Any bear translocated from connectivity re-established with the and Waits (2003, p. 4338) to maintain the NCDE to the GYA would be counted NCDE and Bitterroot ecosystem and the current levels of genetic diversity, as an NCDE mortality. Please see our Bitterroot population reintroduction should grizzly bear movement into the response to Issue 12 in this section implemented. Conversely, some GYA not occur over the next 20 years. below for more discussion about the commenters supported the Issue 11—One commenter suggested adequacy of the NCDE to serve as a augmentation plan because they viewed that we analyze the benefits and source population. Augmentation in the it as effectively nullifying the need to disadvantages of genetic augmentation GYA may not be necessary if natural establish natural population before concluding that benefits immigration occurs before 2020. connectivity. outweigh potential negatives. Issue 8—One commenter questioned Response—We prefer natural Response—The recommendation to our use of the ‘‘one-migrant-per- reconnection as well and are actively either allow bears to move into the generation rule’’ and believed that our involved in efforts to maintain and Yellowstone ecosystem or to use definition of ‘‘effective migrant’’ was expand the opportunities for grizzly augmentation in lieu of natural incorrect. Another commenter believed bears to move into and out of the movement was made by genetics experts we failed to consider the effects of other Yellowstone ecosystem via the linkage in Miller and Waits (2003, p. 4338). evolutionary processes (mutation, zone program. However, we cannot They detail the biological and genetic directional, or stabilizing selection) on control bear movement and as discussed rationale for this recommendation, and the one-migrant-per-generation rule. in the final rule (see Behavior section we agree with their analysis and Both recommended more research to above), they have limited dispersal conclusions. Should future genetic data answer whether the one-migrant-per- mechanisms. By working to maintain challenge the conclusions of Miller and generation rule was appropriate and current movement opportunities while Waits (2003, p. 4338), the Study Team adequate to address genetic concerns for implementing conservation actions to and the Coordinating Committee will the Yellowstone DPS. recover populations in other grizzly bear rely upon the best available scientific

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information to guide management of the bears from the North Fork of the resolution(s) which would affect the Yellowstone DPS. Flathead River in Canada to the Cabinet- (Wyoming Game and Fish) Issue 12—A few commenters noted Yaak ecosystem (Kasworm et al. 1998, Commission’s Grizzly Bear Plan on that our plan to augment the p. 148). mortality or distribution of grizzly bears Yellowstone DPS with one to two bears in Wyoming’’ (Martin 2006). per generation was flawed because it S. Comments About The States’ This letter clearly indicates that violated a key assumption that the Management Approach Wyoming county governments have no source population is infinite in Issue 1—Numerous commenters authority to affect grizzly bear numbers. They believe that the expressed concern over the management management in county ordinances and proposed rule also overlooked the approach that will be taken by the States have no legal standing or impact on possibility that the Yellowstone grizzly of Montana, Idaho, and Wyoming. In commitments made by the Wyoming bear DPS could go extinct as a result of general, commenters questioned the Game and Fish Commission. the NCDE going extinct; and desire of the States to manage the Wyoming has committed to the furthermore, we failed to consider the population in the best interest of grizzly revised (9 percent) thresholds as per genetic issues affecting the NCDE, bears, and cited the historical and their signature on the Wyoming Game which may itself be an isolated current anti-predator attitudes and Fish Commission approved population from Canada, due to ongoing frequently displayed by residents and Strategy. Changes in mortality limits and increasing development just north State wildlife agencies and cannot be completed unilaterally by of the border. commissions, as evidence that State Wyoming, or any one management Response—We make no assumption management of the Yellowstone DPS agency, but instead must be based on that the NCDE or any other population could result in severe decline. the best available science, and is infinite in numbers. The NCDE is not Response—The States are committed documented by a Study Team lead genetically isolated from areas in to manage grizzlies in accordance with process that is opened to public Canada, and male grizzly bear the Strategy and its appended State comment and approved through a movement across Highway 3 has been grizzly bear management plans. By Coordinating Committee majority vote documented (Proctor 2003, p. 24). The signing the Strategy, all management (U.S. Fish and Wildlife Service 2007, p. NCDE population has higher allelic agencies have agreed to adhere to the 63). diversity and heterozygosity values than sustainable mortality limits. T. Lack of a Secure, Long-Term Funding the Yellowstone grizzly bear DPS Issue 2—Some commenters noted that Source (Paetkau et al. 1998, p. 421) and its the head of WGFD has said that relative proximity and short time of Wyoming intends to manage the Issue 1—A number of comments separation from the Yellowstone grizzly population down to the minimum received maintained that, before bear DPS make it an ideal genetic source allowed by the Strategy (500 bears) and delisting can occur, a long-term secure population. The NCDE population is other WGFD Commissioners have said funding source must be obtained. They larger than previously thought, with they plan to push for an increase in stated that this funding issue must be more than 500 individuals (Kendall allowable mortality from the recently addressed to ensure that the extensive 2006), and the portion of the population revised 9 percent to 12 percent. They monitoring and management plans, as that is located in the North Fork of the note that four Wyoming counties, which well as conflict prevention through I & Flathead Valley just north of the United encompass most grizzly bear habitat in E programs described in the Strategy, States/Canadian border is the highest Wyoming, have outlawed grizzlies are carried out. Some commenters density grizzly bear population within their borders and asserted that suggested that long-term funding anywhere in North America outside of their State-authorized land use planning security could be achieved by creating Alaska (LeFranc et al. 1987, pp. 52–53; legislation trumps the bear management a trust fund as the Yellowstone McLellan 1994, p. 21; Mowat et al. 2005, responsibilities of WGFD. Ecosystem Subcommittee has discussed p. 41). We will continue to cooperate Response—In response to concerns at several meetings. Other commenters with Canadian wildlife and land about the ordinances, regulations, or suggested that inadequate funding in management agencies to promote grizzly resolutions passed by county any given year be a trigger for a Biology bear conservation and to mitigate governments in Wyoming regarding the and Monitoring Review and potential projects in Canada that have the presence or distribution of grizzly bears relisting. potential to negatively impact U.S. in these counties, we requested a letter Response—It is true that there is no grizzly bear populations. from the Wyoming Attorney General’s guarantee of long-term funding for The placement of bears into the office clarifying the authority of grizzly bear management by any of the Yellowstone by augmentation would be counties in Wyoming to legislate in the States or the Federal Government. a precautionary approach to assure that area of grizzly bear management. The However, the funding issue remains genetic issues are not a factor in the Wyoming Attorney General’s office’s whether the Yellowstone grizzly bear survival of the Yellowstone population. response, dated August 8, 2006, states DPS is delisted or not. It is not possible As stated by Miller and Waits (2003, p. on p. 2, ‘‘ ‘* * * as an arm of the State, to predict future governmental 4338)—‘‘The viability of the the county has only those powers appropriations, nor can we commit or Yellowstone grizzly population is expressly granted by the constitution or require Federal funds beyond those unlikely to be compromised by genetic statutory law or reasonably implied appropriated (31 U.S.C. 1341(a)(1)(A)), factors in the near future.’’ Although we from the powers granted.’ Laramie Co. but by signing the Strategy, responsible view the NCDE as the most likely source Comm’rs v. Dunnegan, 884 P.2d 35, 40 agencies demonstrate that they are population, many other appropriate (Wyo. 1994). Neither the Wyoming committed to implementing the features grizzly bear populations in Canada Constitution nor the legislature has within their discretion and authority, could serve as source populations, provided the counties in Wyoming with and to pursuing adequate funding. The should the NCDE population not be any expressed or implied authority over Strategy provides adequate assurance adequate for some unforeseen reason. management of grizzly bears. Therefore, that the participating agencies will We have previously cooperated with counties lack the authority to enact any implement the agreement, which is international partners to translocate ordinances(s), regulation(s), or sufficient to meet the reasonableness

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required for regulatory mechanisms. major foods and grizzly bear vital rates. recapture techniques with the radio- The creation of a trust fund has been Those foods have either fluctuated (e.g., collared sample of grizzly bears due to explored by the Interagency Grizzly ungulates, army cutworm moths), or unreasonably large confidence intervals Bear Committee, but would require the declined (e.g., cutthroat trout), during (Interagency Grizzly Bear Study Team acquisition of an estimated $40 million the period when the Yellowstone grizzly 2005, p. 12). to endow the fund. bear population was increasing at a rate Because of the strict rule set used to In response to these concerns, we between 4 and 7 percent annually. Due collect females with cubs-of-the-year have made inadequate funding in any to this natural annual variation in data (Knight et al. 1995, p. 246), it is given year a trigger for a Biology and abundance and distribution, there is no inherently conservative and tends to Monitoring Review. The purpose of known way to calculate minimum underestimate the number of females such a Review would be to determine threshold values for grizzly bear foods. with cubs-of-the-year. The Study Team whether the fiscal short-coming is a Instead, managers will use an adaptive chose to use the Chao2 estimator to threat to the implementation of the management approach that addresses correct many of the biases associated Strategy to such an extent that it also poor food years with responsive with females with cubs-of-the-year data threatened the long-term viability of the management actions, such as limiting concerning sighting heterogeneity Yellowstone DPS. grizzly bear mortality, increasing (Keating et al. 2002, pp. 170–172; Interagency Grizzly Bear Study Team U. Triggers for Relisting and Monitoring Information and Education efforts, and 2005, p. 20). The Chao2 estimator and Plan considering relisting, if appropriate. Issue 3—Several commenters believe the model averaging approach described Issue 1—Many commenters were we failed to address the issue of lag time in the Supplement to the Reassessing uncomfortable with the process that between habitat degradation and loss, Methods Document (Interagency Grizzly could lead to relisting, fearing that the and changes in vital rates. They believe Bear Study Team 2006, pp. 2–10) reflect process would be slow, bureaucratic, or that the proposed rule relies almost the best available scientific method for subject to political influence. Many exclusively on monitoring population calculating an annual population index recommended additional, clearly parameters rather than habitat and establishing biologically sustainable defined thresholds leading to immediate parameters to detect a future threat, and annual mortality limits for the relisting, rather than merely to the first because of this time lag, we should Yellowstone grizzly bear population. step in a long process that may lead to include habitat thresholds that act as Issue 5—Some commenters stated that relisting (i.e., a Biology and Monitoring triggers for a Biology and Monitoring a DNA-based survey would be a better Review). Some recommended that we Review. monitoring method and that it would develop an emergency response process Response—The Strategy commits the provide much more information about specifically designed for the management agencies to intensive the population. One commenter noted Yellowstone population that gives us monitoring of all grizzly bear vital rates, that the proposed monitoring of genetic authority to bypass the traditional Act and their relationship to changes in diversity does not specify the point at listing methods. major foods and the levels and types of which population augmentation would Response—The listing procedures human activities in their habitat. This be considered necessary. Another described in the Act allow prompt monitoring does not solely rely on vital believed that the proposed monitoring emergency listings if necessary. For rate monitoring to indirectly infer of genetic diversity would not be instance, the desert tortoise was changes in habitat, but will produce sufficient to detect the expected slight petitioned in May 1989 and listed on annual results on any changes in habitat decline in heterozygosity, due to August 7, 1989, in an emergency listing values, key food production, and inadequate sample size and inadequate rule (54 FR 32326, August 4, 1989). An possible disease in key foods. Please see statistical power. emergency relisting can be pursued our response to Issue 2 in this Response—We agree that DNA-based independently by the Service or in subheading, above, for more surveys may offer more information response to a recommendation by the information. about the population than population Study Team or Coordinating Committee. Issue 4—Many commenters criticized size alone, but because the most This process is adequate to respond to our use of unduplicated counts of immediate factors likely to impact the a precipitous decline in the Yellowstone females with cubs-of-the-year to Yellowstone grizzly bear population grizzly bear DPS or a significant threat estimate population size. They will come from habitat degradation and to its habitat in a timely manner and suggested we should abandon this loss, and human-caused mortality, we precludes the need for a specific trigger measure for a more reliable and accurate believe addressing these two sources of that would begin an emergency method because of the biases such as potential decline is a more appropriate response process. observer variability and differences in and relevant approach to ongoing Issue 2—Several commenters believe detection in different habitat types. conservation efforts in the GYA. The that because a decline in any of the four Response—The Study Team reviewed Strategy clearly establishes that major foods represents a decrease in the the feasibility of several different augmentation of the Yellowstone GYA’s carrying capacity, we should population estimation methods population with grizzly bears from other include threshold values for these food (Interagency Grizzly Bear Study Team populations will be pursued if no sources that either trigger a response 2005, pp. 12–13, 17–31). Because of the movement is detected between these action or plans to protect additional high cost of DNA-based population two populations by 2020 (U.S. Fish and habitat. surveys ($3.5 million to $5 million) and Wildlife Service 2007, p. 37). Based on Response—Aside from the well- the lag between sampling and a the best available science, we have documented association between resulting population estimate (3 years), concluded that any threats to genetic whitebark pine cone crop size and annual use of DNA-based population diversity will be adequately addressed subsequent management actions on surveys is not feasible or appropriate for through this approach (Miller and Waits grizzly bears (Mattson et al. 1992, p. our objectives of establishing annual 2003, p. 4338). There is no defined 432), we have not been able to detect population estimates and sustainable threshold for acceptable heterozygosity any statistically significant relationships mortality limits. The Study Team values because there is no consensus as between abundance of the other three rejected the idea of using capture-mark- to what value would constitute a

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biologically significant threat in any existing funding and technology, radio- understanding of human-caused specific bear population. We do not telemetry is the best way to obtain that mortality in the GYA and the human propose to monitor changes in genetic information. When equivalent or more dimensions of grizzly bear management. diversity, as the statistical power would effective non-invasive techniques Response—Some social science likely be insufficient to detect changes become economically available, they research has been conducted in the GYA over time. To monitor genetic isolation, will be employed. on attitudes toward grizzly bears we will establish a repository for all Issue 8—A few commenters suggested (Kellert 1994, pp. 44–45; Responsive samples from the Yellowstone that Resource Selection Functions be Management 2001, pp. 5–14), but we are population to document any bears used to monitor habitat rather than the not sure of its utility in predicting or moving from the NCDE into the GYA. Cumulative Effects Model. Supporters of reducing human-caused mortalities. Our Such movement will be detected by Resource Selection Functions said they current methods to reduce human- using an ‘‘assignment test,’’ which are more grounded in an empirical caused grizzly bear mortality by identifies the area from which approach and, therefore, are superior to preventing conflicts and addressing individuals are most likely to have the Cumulative Effects Model. Some conflicts in a systematic, fair, and originated based on their unique genetic commenters noted that if we are going prompt manner were adequate to signature (Paetkau et al. 1995, p. 350; to rely on the Cumulative Effects Model accommodate an increasing Waser and Strobeck 1998, pp. 43–44; so heavily, it should be validated and a Yellowstone grizzly bear population Paetkau et al. 2004, pp. 56–57; Proctor protocol developed for training during the last two decades. These et al. 2005, pp. 2410–2415). additional personnel on how it works. efforts to address grizzly bear conflicts Issue 6—A few commenters wanted Response—The use of Resource will continue to comprise the vast clearly formalized monitoring programs Selection Functions offers many majority of fiscal expenditures post established outside the PCA, and some advantages over the use of the existing delisting (U.S. Fish and Wildlife Service wanted monitoring programs inside and Cumulative Effects Model. However, 2007, p. 154). outside the PCA to determine trends in critics point out that estimated Resource V. Using the Best Available Science use of roads and trails, OHV use, and Selection Functions are not always private land development. proportional to the true probability of Issue 1—Many commenters Response—Data on private land use (Keating and Cherry 2004, p. 788). questioned the quality or interpretation development are available from the The Cumulative Effects Model of the data used to support the proposed counties. The Park Service and Forest represents the best available scientific rule. Some offered alternative Service monitor traffic volumes on some information in its ability to provide explanations for the increases in the roads, and the Park Service controls, managers with a comparative index of population estimates that would not through its permit system, overnight use how much habitat values have changed require an actual increase in bear of its backcountry sites. We do not know through time. This remains the case numbers while others were satisfied that what predictive value those measures even though the validity of all the best available science and data had would have for grizzly bear coefficients has not been confirmed. been used in the development of the management. This method will remain in use until proposed rule. Issue 7—One commenter noted that the research community arrives at a Response—The peer-reviewed the planned extent of trapping and consensus or a better method to replace scientific journal articles used in the radio-collaring of bears was unethical, the Cumulative Effects Model is final rule represent the best available and that this intensive and invasive developed. science. The science available on the monitoring approach should be The Cumulative Effects Model is one Yellowstone grizzly bears and their abandoned in favor of keeping the bears of many tools used to monitor habitat in habitat is the best information available listed as threatened. the Yellowstone ecosystem. However, it on any bear population in the world. Response—Since 1982, there has not is not the only tool nor is it the None of the alternative explanations been a single capture mortality dominant tool. The Forest Service is offered for the increasing population associated with research trapping in the contracting with a computer size were compelling. Yellowstone area spanning more than programmer to make the Cumulative Issue 2—Some commenters objected 468 grizzly bear captures (Servheen et Effects Model a more user friendly, to the use of data that they believed al. 2004, p. 21). Because of rigorous Windows compatible format. The Study were out-of-date, particularly regarding protocols dictating proper bear capture, Team is committed to using the best the spread of diseases and parasites of handling, and drugging techniques used scientific methods and models available whitebark pine, and advocated the use today, this type of scientific to them. Use of such models will change of readily available and more recently overutilization is not a significant factor as the science changes. collected data sets. impacting the Yellowstone DPS. The Issue 9—Some commenters Response—The science and data in Study Team, bear biologists, and recommended that we monitor litter the proposed rule were the most recent researchers will continue implementing size and cub survival of radio-collared information available when the rule was these protocols after delisting. females as indicators of habitat quality written and submitted for review and The Act requires us to delist species and carrying capacity. publication in the Federal Register. The that no longer meet the definition of Response—The monitoring program final rule incorporates newer data on threatened or endangered. As discussed does annually monitor litter size and blister rust and mountain pine beetle in the final rule, the Yellowstone grizzly cub survival. These data are compared (see Factor E below) available since the bear DPS does not meet either of these to indicators of habitat quality such as proposed rule was written. definitions. We cannot leave the annual production and availability of Issue 3—Some commenters Yellowstone grizzly bear DPS listed in major foods. specifically critiqued sources that we perpetuity, or neglect to gather data on Issue 10—Some commenters used in the proposed rule. One its status. We are required to use the recommended that we monitor human described problems associated with the best available science to recover grizzly values and attitudes toward grizzly Monograph cited in the proposed rule as bears in the Lower 48 States and bears in the GYA. This information Schwartz et al. (2005) [note: the monitor their status post-delisting. With could contribute substantially to our Schwartz et al. 2005 citation has been

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updated in this final rule as Schwartz et flights alone, 74 observation flights were Response—The secure habitat levels al. 2006]. Major commenter concerns flown in 2005, totaling more than 172 and road densities in the Yellowstone included—(1) the study sample is not hours of flight time and covering all 37 ecosystem are more secure than the representative of the population, (2) observation areas. There also were more required road density and secure habitat habitat-based demographic analysis is than 411 hours of telemetry flights in in either the NCDE or the Cabinet/Yaak needed, and (3) heterogeneous mortality 2005. These telemetry flights also and Selkirk ecosystems. The best rates violate assumptions described in contribute to the total sightings of measure of the direct effect of habitat on the Monograph. Another comment females with cubs. The details of a population is the trajectory of the received was about our assertion that capture efforts both inside and outside population. Under the 1998 levels of nearly 90 percent of females with cubs- the PCA, along with details on these road density and secure habitat, the of-the-year occur inside the PCA. The flights and the efforts to sight females Yellowstone grizzly population has commenter noted that because Schwartz with cubs both inside and outside the been increasing at between 4 and 7 et al.’s (2002, pp. 204–205; 2006b, pp. PCA, are reported in the Study Team’s percent per year. From 1986 to 2002, 63–64) survey methods focused Annual Reports (Haroldson et al. 2006a, there was a net reduction of more than primarily on sighting bears within the pp. 4–10; Haroldson 2006b, pp. 11–16; 1,000 miles of road on the 6 PCA, these publications do not provide West 2006a, pp. 18–22; West 2006b, pp. Yellowstone Ecosystem National Forests reliable information on what portion of 23–24). The Study Team, the (inside and outside the PCA) (USDA grizzly bears spend any time outside the Coordinating Committee, and the Forest Service 2006a, p. 200). Inside the PCA. responsible agencies will continue to PCA on the National Forests, roads were Response—The Monograph fully use the best available science to update reduced an average of 42.7 miles per discusses the assumptions that must be protocols and direct management year from 1986 to 2002 (USDA Forest satisfied in order to draw the responses. Service 2006a, p. 200). Outside the PCA, conclusions stated in the document. Issue 4—A few commenters suggested an average of 40.5 miles of road were These assumptions and conclusions in that we incorporate the findings of decommissioned for the same time the Monograph went through extensive Mattson et al. (2002) into the discussion period (USDA Forest Service 2006a, p. independent peer review prior to being about threats to major foods because it 200). The 1998 road density levels are accepted for publication. Schwartz et al. ‘‘provides a solid empirical basis for lower than previous road densities and (2006d, pp. 9–12) clearly describe their understanding the extent to which are at a level that has allowed the experimental design to obtain a grizzly bears will be able to switch to population to increase. representative sample. For our alternative foods when whitebark pine Regarding secure habitat, the average discussion about the need for, and the and cutthroat trout decline.’’ percentage of secure habitat in each of caveats associated with, habitat-based the 40 subunits inside the PCA is 85.6 Response—Mattson et al. (2002, p. 32) demographic analysis, please see our percent, and 20 of these 40 subunits cautioned that ‘‘it is unclear to what response to Issue 2 under subheading B contain more than 90 percent secure extent bears can compensate by above. Regarding the assertion that habitat (USDA Forest Service 2006a, pp. heterogeneous mortality rates violate reverting to extant alternate foods’’ if 368–369). These levels of secure habitat assumptions made in the Monograph, any currently important food were to are higher than the percentage of secure we recognize that mortality rates are diminish in abundance. We agree that habitat in the home ranges of adult heterogeneous. The fact that mortality the extent of the bears’ potential female grizzly bears reported by Mace et rates are different inside Yellowstone compensation is unknown. However, al. (1996, p. 1400) (Note that the National Park, outside of Yellowstone the management response to decreases commenter was incorrect in the date of National Park but inside the PCA, and in carrying capacity established by the this citation)), where 56 percent of the outside of the PCA was one of the key Strategy and State management plans composite adult female home range was findings of the Monograph (Haroldson includes limiting human-caused inside secure habitat. We could not find et al. 2006b, p. 40). This comment is mortality, enhancing Information and a publication by Kasworm in 1997 that suggesting that, because mortality rates Education efforts in poor food years, addressed the issue of road densities are different in the three different areas actively restoring whitebark pine and female home range size, but believe (i.e., heterogeneous), then we must communities, eradicating lake trout, the commenter was referring to know the movement rates of bears minimizing disturbance at known army Wakkinen and Kasworm (1997, p. 24), among those areas. Heterogeneous cutworm moth sites, and monitoring who found that 44 to 68 percent of adult mortality rates do not violate female reproductive parameters. female home range was in secure assumptions made in the Monograph Issue 5—Some commenters disagreed habitat. Again, the levels of secure because the study sample is with the levels of secure habitat and habitat in each subunit within the PCA representative of bears living in all three road density standards in the Strategy (approximately the size of an annual areas of differing mortality rates. We and noted that these were not based on female’s home range) are greater than consider the Monograph to be the best the best available science. They thought what was observed in these studies. available scientific data about the that we accepted road densities present The large secure areas of these demographics of the Yellowstone in 1998 instead of defining acceptable subunits do include important feeding grizzly bear DPS. road densities based on habitat selection and denning areas. The secure or core Regarding the sampling method used by female grizzly bears. Similarly, some area size was not limited to areas greater by Schwartz et al. (2002, pp. 204–205; commenters thought that our definition than 1,012 ha (2,500 ac) because that 2006b, pp. 63–64), the monitoring of secure habitat did not include any would eliminate protection for all system for females with cubs includes biological requirements (such as food, secure habitat areas less than this size. all areas where bears are known to denning, and breeding grounds) and We believe that all secure habitats are occur, both inside and outside the PCA. ignored the minimum core sizes of important and that secure pockets are Thirty-seven search areas are flown each approximately 1,012 ha (2,500 ac) very important for grizzly bears, year, 12 of which are completely or preferred by female grizzly bears in particularly in peripheral habitats. partially outside the PCA. For an other ecosystems as documented by Issue 6—Some commenters noted that example of the effort in observation Mace et al. (1998) and Kasworm (1997). there is no social or scientific literature

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to support our contention that delisting proposing the transfer of public lands in Alberta Sustainable Resource will build public support and tolerance the PCA from the USDA Forest Service Development and Foothills Model for grizzly bear conservation. and BLM to the National Park Service. Forest Grizzly Bear Research Program, Response—We agree that there is no A large number of commenters Canada; (7) Dr. Jon Swenson, scientific literature documenting that expressed some degree of mistrust about Department of Ecology and Natural delisting would or could build public the motivations behind delisting and Resource Management, Norwegian support and tolerance for grizzly bears. accused us of catering to the oil and gas University of Life Sciences, Norway; This result is inferred by professional industry, timber industry, developers, and (8) Dr. Frank T. van Manen, wildlife biologists familiar with local livestock owners, and hunting interests. Research Ecologist, U.S. Geological community attitudes in the Yellowstone Numerous commenters also expressed Survey, Southern Appalachian Field ecosystem. We have eliminated this value-based reasons as to why they Branch. rationale from the final rule. opposed delisting, such as animal Each reviewer was paid $500 (U.S.) for their analysis (with the exception of W. Miscellaneous rights, spiritual importance, the grizzly bear as a national treasure and symbol those who also work for the U.S. Issue 1—A few commenters suggested of wilderness, and that humans should Government, who were not paid for that we could improve the Coordinating behave as caretakers and stewards of the their services). The purpose of seeking Committee structure by including an grizzly bear, not as pillagers of its independent peer review is to ensure opportunity for public involvement on habitat. that the best biological and commercial proposed actions and including a Response—Our decision to delist the data are being used in the decision- conservation organization Yellowstone DPS is based solely on our making process, as well as to ensure that representative. assessment of the best scientific and reviews by recognized experts are Response—The Coordinating commercial data available, which incorporated into the review process of Committee process is open to the indicate that the population is neither the rulemakings. Peer reviewers were public, and public comment and threatened nor endangered. Otherwise, asked to consider, but not limit their involvement at meetings is allowed and these comments are either not relevant comments, to the following questions encouraged. Although a conservation to the management decision or are and provide any other relevant organization representative is not outside the scope and authority of the comments, criticisms, or ideas—(1) Does formally a member of the Coordinating final rule. the proposed rule provide adequate Committee, all conservation review and analysis of the factors Summary of Peer Review Comments organization representatives will relating to the persistence of the grizzly continue to be able to comment and be In accordance with the Service’s 1994 bear population in the GYA involved in Coordinating Committee Peer Review policy (59 FR 34270, July (demographics, habitat, adequate meetings. 1, 1994) and the peer review regulatory mechanisms, disease and Issue 2—Numerous commenters requirements of the Office of predation, and genetics)?; (2) Is our suggested that we take a more Management and Budget’s (OMB) Final establishment of this population as a conservative or precautionary Information Quality Bulletin for Peer DPS logical and adequate? Specifically, management approach. Some cited Review (OMB 2004), the Service are our arguments pertaining to the Schwartz et al. (2006e, p. 62) as selected and solicited peer review of the discreteness and significance of the supporting this idea, especially in proposed rule (70 FR 69854, November population sufficient according to the relation to long-term, irreversible habitat 17, 2005) from nine independent DPS policy, as described in the rule?; (3) alterations such as private land scientific experts. Eight of the nine Are our assumptions and definition of development. reviewers accepted the opportunity to suitable habitat logical and adequate?; Response—The Reassessing Methods review the proposed rule and answered (4) Are the conclusions we reach logical Document and its Supplement questions pertaining to the logic of our and supported by the evidence we (Interagency Grizzly Bear Study Team assumptions, arguments, and provide?; (5) Are our conclusions 2005, pp. 6, 20, 35; Interagency Grizzly conclusions. These reviewers were relating to food resources logical and Bear Study Team 2006, p. 15–16) experienced bear biologists and adequate?; (6) Is the post-delisting advocate a precautionary management researchers who do not work for the monitoring program for habitat and approach by establishing biologically Service, although two of the reviewers population criteria logical and adequate sustainable mortality limits to ensure are employed by the Department of the to ensure survival of this population of that the population trajectory of the Interior, U.S. Geological Survey. They grizzly bears in the foreseeable future?; Yellowstone grizzly bear DPS is stable were chosen based on their direct and (7) Did we include all the necessary to increasing. The adaptive management research experience with bears and their and pertinent literature to support our system in the Strategy incorporates the experience with the conservation and assumptions/arguments/conclusions? results from intensive monitoring of management of bears. The names and Peer reviewers provided individual, population vital rates, habitat standards, affiliations of the reviewers are—(1) Dr. written responses during the public and major foods into management Joseph D. Clark, Research Ecologist, U.S. comment period. Copies of individual decisions. Geological Survey, Southern peer review responses are available Issue 3—Many comments received Appalachian Field Branch; (2) Dr. Piero upon request (see ADDRESSES section did not pertain directly to this decision Genovesi, Italian National Wildlife above). The issues raised by the peer or were outside of our scope and Institute, Italy; (3) Dr. Steven Herrero, reviewers are summarized and authority. These included comments Professor Emeritus of Environmental responded to below. We have grouped opposing all livestock grazing on public Science, University of Calgary, Canada; similar comments together under major lands, opposing the sale of public lands (4) Dr. Djuro Huber, Biology headings that correspond to the proposed in the Fiscal Year 2007 Department, University of Zagreb, questions we asked peer reviewers and President’s budget, favoring the need to Croatia; (5) Dr. Bruce McLellan, Wildlife summarized concerns into categories switch to alternative energy sources, Research Ecologist, British Columbia called ‘‘Issues,’’ which are followed by and opposing or supporting Act reform. Ministry of Forests Research Branch, our ‘‘Responses.’’ Not all peer reviewers Also included was a comment Canada; (6) Dr. Gordon Stenhouse, commented on all questions. The

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comments we received from peer Issue 2—The reviewers who poaching fine is not possible, due to the reviewers generally reflected their areas commented on disease and predation variety of circumstances surrounding a of expertise, so when we discuss agreed that disease is not an issue for poaching incident, numerous State laws specific issues below, we are only grizzly bear populations. Regarding that may apply, and various summarizing those comments we human-caused predation (i.e., punishments available under those State received. The views discussed do not mortality), some reviewers laws. We have been assured by State necessarily reflect all of the peer recommended that the Service explore wildlife agencies that poaching reviewers’ opinions, just the opinions of the potential impacts of a hunting incidents will continue to be the reviewers who responded on that season that targeted adult males. It is investigated and prosecuted under State particular issue. possible that decreased cub survival law. Several reviewers also commented on through sexually selected infanticide Issue 3—A few reviewers commented the Reassessing Methods Document. A may affect population trajectory. One on the proposed rule’s discussion of summary of those issues brought up by reviewer also suggested that the final grizzly bear/human conflicts. One the reviewers, as well as responses to rule be more clear that although the reviewer thought that preventing access their concerns, were incorporated into impact of hunting to the total to human foods by bears should be the final Reassessing Methods population is negligible, some local better addressed. Another reviewer Document as an appendix. populations of bears may be reduced. recommended that ‘‘Emphasis should be placed on managing human/bear A. Does the proposed rule provide One reviewer also recommended conflicts on the interface of bear habitat adequate review and analysis of the clarification about whether the penalty and humans to ensure that mortality factors relating to the persistence of the for poaching a grizzly bear will be the there does not exceed recruitment of the grizzly bear population in the GYA? same as before delisting. Response—Sexually selected population as a whole.’’ Issue 1—In general, the peer infanticide is the practice by which a Response—We agree that preventing reviewers believed the Service did an territory vacated by an adult male is grizzly bear habituation to humans and adequate job of discussing the relevant filled by a newly arrived subadult male, their foods is a priority. More than two- factors related to the persistence of the which then kills any cubs in the thirds of all suggested funding to Yellowstone grizzly bear DPS. One territory (Swenson et al. 1997b, p. 450). implement the Strategy is designated for reviewer noted that the Yellowstone That behavior can reduce the managing conflicts and outreach efforts DPS does not meet either the Committee population growth rate through cub to minimize conflicts (U.S. Fish and on the Status of Endangered Wildlife in mortality (Swenson et al. 1997b, p. 450). Wildlife Service 2007, p. 154). All Canada (COSEWIC) (the first stage It has been documented in two suitable habitat on GYA National toward consideration for protection European brown bear populations Forests will have food storage orders in under the Canadian Species at Risk Act) (Swenson et al. 2001, pp 75–77), and effect by 2008. Outreach efforts are or the World Conservation Union instances of infanticide by North directed toward decreasing attractants (IUCN) standards for a non-threatened American grizzly bears of both sexes on private lands. The sustainable species. However, they further noted also have been documented (McLellan mortality limits will ensure that that because the threats to habitat are 1994, pp.15–16). However, Miller et al. mortality in the outer zone of grizzly well understood and manageable (at (2003, p. 144) and McLellan (2005, pp. occupancy (those bears in closest least in the short-term) and the 153–154) could not find evidence of proximity to private land) does not population has been expanding in size population level effects of sexually exceed the recruitment of the and distribution, delisting may be selected infanticide in North American population as a whole. appropriate so long as the laws, plans, grizzly populations. If sport hunting Issue 4—Although genetic isolation and strategies that are identified in the preferentially removes adult male bears, should be a consideration, one reviewer proposed rule do not get diluted after and if sexually selected infanticide is noted that, ‘‘Within the foreseeable delisting. common, sport hunting might result in future, demographic or habitat threats Response—While we view the IUCN some reduction in cub survival in are much more likely than a genetic and COSEWIC standards as informative localized areas. However, this would threat.’’ The reviewers endorsed natural in our decision-making process, the Act likely have little impact on overall population connectivity and stated that employs different standards for listing population growth rate because hunting these opportunities should not decrease consideration, which are considered mortality on males would be limited in after delisting. Connectivity would below. On the whole, we agree that the numbers and extent. increase the chances of long-term laws, plans, and strategies will provide The States have control over when population persistence and would be a for robust habitat protection measures; and where a grizzly bear permit holder good buffer against the uncertainties therefore, allowing the population to may hunt, so the targeting of bears in surrounding major foods. One reviewer continue to expand and thrive. The specific areas, or even specific noted that, ideally, connectivity would Strategy will guide post-delisting individual bears, is possible. Sport be established before delisting occurred. management of the Yellowstone grizzly hunting could be used in that way as a Finally, one reviewer suggested that the bear DPS. The plans described in the compensatory mortality source, by Service analyze the ramifications of Strategy can change after delisting only killing bears that would otherwise have delisting on the ability to naturally if new science becomes available and to be removed by management action. recover the Bitterroot Ecosystem and to through agreement within the However, hunting will be allowed only link the Yellowstone population with Coordinating Committee (U.S. Fish and as long as the overall mortality limits the NCDE. Wildlife Service 2007, p. 63). Any future are not exceeded. Response—We agree that changes to the management documents Each of the three States will establish demographic or habitat threats are more for the Yellowstone grizzly bear penalties for poaching grizzly bears in likely a threat than genetic factors in the population will be modified in an their jurisdictions, and those penalties foreseeable future, and that natural adaptive management framework as a may not be the same as before delisting. connectivity is desirable. Efforts to result of accumulated knowledge about Judges have discretion to impose fines promote connectivity between existing grizzly bear management. under State law. Predicting the average populations will continue after delisting

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as these programs are independent of Montana appears to possess a law that including reproductive rate, survival the delisting of the GYA population. mentions the importance of research rate, annual population growth rate Due to the habitat protections, and the best-available science to guide (lambda), stable age distribution, and population standards, mortality control, grizzly bear management, and that Idaho transition probabilities—every 8 to 10 outreach efforts, and the adaptive and Wyoming should be encouraged to years; as directed by a violation of the management approach described in the adopt a similar law. One reviewer asked population standards (for a complete list Strategy, we do not believe isolation is if the Strategy will have the regulatory of all population standards and triggers a threat to the Yellowstone grizzly bear power to ensure that signatories that are considered violations, see population and, therefore, does not implement management decisions and Factor D below); or at the request of the preclude delisting. Delisting of the that resources are available. Coordinating Committee. During these Yellowstone grizzly bear population Response—We have no authority to formal evaluations, any impacts that should have no effect on the potential compel the States to enact laws, nor do density dependence or lowered carrying for natural recovery of grizzly bears we believe it is necessary. The Strategy, capacity may have will be identified through the Bitterroot Ecosystem. Both signed by all three affected States, is and addressed through adjustments to the GYA and NCDE populations are based on the best available science to methods used to estimate population increasing in size and expanding their guide Yellowstone grizzly bear size, sustainable mortality, unknown geographical ranges, increasing the management. The adaptive management and unreported mortality, or other likelihood of eventual dispersal to the approach described in the Strategy management recommendations. The Bitterroot Ecosystem. ensures that decisions are to be made application of adaptive management Issue 5—One reviewer believed that based upon the best available science. will allow prompt application of new one of the biggest threats to grizzly bear While the Strategy cannot legally data or techniques to management habitat post-delisting ‘‘* * *will come compel any of the signatories to decisions. Future conditions may not be from those who want to use or develop implement management policies or like past conditions and the monitoring important grizzly bear habitat and who obligate funding, the various Federal and adaptive management systems in feel that their action is such a small part agencies’ and State governments’ place are designed to respond to of the whole that it doesn’t matter.’’ He signatures on the Strategy clearly changes that occur. recommended that the Service more indicate their intention to manage fully consider and discuss cumulative grizzly bears according to the Strategy. B. Is our establishment of this impacts of multiple projects. Issue 7—One reviewer commented population as a distinct population Response—The intent of the 1998 that the proposed rule focused solely on segment logical and adequate? habitat baseline is to prevent or mitigate current status and how future Issue 1—Most of the reviewers agreed those cumulative effects on bear habitat conditions will be monitored but failed with our DPS analysis and stated that, within the PCA, where 84 to 90 percent to discuss carrying capacity of the GYA due to its discreteness and significance, of the females with cubs occur. By and ‘‘* * * what effect population the GYA grizzly bear population maintaining the amount of secure expansion may have on a distinct warrants DPS status. Some reviewers habitat and restricting increases in the population unit that has clear limits to did point out that DPS designation is total mileage of roads, the number of range or habitat expansion.’’ He biologically justified but highlights one developed sites, and livestock recommended that the Study Team start of the major problems faced by the allotments, the PCA will be able to to consider this type of issue. Yellowstone grizzly bear population is support a stable to increasing bear Response—Schwartz et al. (2006c, p. its isolation. Gene flow must be population. The USDA Forest Service 29) discuss the Yellowstone grizzly bear attained, either through natural will continue to apply and improve the population’s growth towards carrying connectivity or augmentation. One Cumulative Effects Model and run this capacity. Carrying capacity has probably reviewer also stated that DPS status can model at least every 5 years to assess the already been reached inside complicate future augmentation efforts cumulative effects of development on Yellowstone National Park (Schwartz et if the source population is not similar bears. The Study Team will continue to al. 2006c, p. 29), and its effect has been enough to the recipient population. pursue improved methods to assess to reduce cub survival to levels found in Response—As noted in the final rule, cumulative impacts. grizzly bear populations at carrying we agree that the Yellowstone Outside the PCA, nearly 60 percent of capacity in Alaska. It does not appear population is both discrete and all suitable habitat is either Designated that carrying capacity has been reached significant, thus qualifying as a DPS Wilderness Area, Wilderness Study outside of Yellowstone National Park under our policy. Regarding isolation of Area, or Inventoried Roadless Area. (Schwartz et al. 2006c, p. 29). There are the Yellowstone grizzly bear population, These designations will prevent many 14,554 sq km (5,619 sq mi) of suitable those potential threats are related to extractive projects from occurring (see habitat in the GYA that are currently genetic concerns and changes in the Factor D below). All projects on Federal unoccupied by grizzly bears. This population’s habitat. Based on the best lands are required to comply with the habitat, coupled with the sustainable available science (Miller and Waits National Environmental Policy Act of mortality limits, will allow the 2003, p. 4338), the Service concludes 1969 (NEPA) (42 U.S.C. 4321 et seq.) Yellowstone grizzly bear population to that the genetic diversity of the process, which includes a section on the continue to increase and expand as per Yellowstone grizzly bear population cumulative effects of the proposed the State management plans. will be adequately maintained by the project. Any NEPA process for a project At some point in the future, immigration or relocation of one to two on National Forest lands also will monitoring data may demonstrate that effective migrants from the NCDE every include an analysis of the impacts of the carrying capacity has been reached 10 years. This movement of grizzly proposed project on USDA Forest throughout the GYA and that the bears between ecosystems may occur Service species of concern, which will sustainable mortality limits must be naturally or through management include the grizzly bear upon delisting revised to accommodate increasing intervention. Regardless of the method, (USDA Forest Service 2006b, p. 26). natural mortality or to stabilize the the Service is confident that genetic Issue 6—One reviewer noted, population. The Study Team will impoverishment will not threaten the regarding regulatory mechanisms, only reevaluate demographic parameters Yellowstone grizzly bear population.

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The source population for favored grizzly bears), and unsuitable landscape and how they affect grizzly augmentation, if augmentation becomes habitat, stating that this may help direct bear survival. These models consider necessary, will be the NCDE population. management decisions in the future. foods, habitat productivity, and human The NCDE bears are those most closely Response—In response to this impacts to the landscape. As part of the related to the Yellowstone grizzly bear comment and several others received by adaptive management approach in the DPS, having been separated for roughly the general public, we have conducted Strategy, the Study Team intends to link 100 years (Miller and Waits 2003, p. additional analyses to determine how these hazard models with similar 4334). Offspring of individuals from much potentially suitable habitat there models of reproduction to develop these two populations are unlikely to is inside the DPS boundaries that could models predicting population change on experience outbreeding depression. be made suitable through management the landscape. Combined, these models Limited gene flow, as suggested here, actions. We found that an additional will yield a projection of population would not compromise the required 9,637 sq km (3,720 sq mi) of National viability. These efforts will level of discreteness for DPS status, as Forest lands (including the Salt River continuously be updated and improved the DPS policy does not require and Palisades Mountain Range) could be as new methods and information complete separation of one DPS from made suitable by eliminating all sheep become available. other populations, but instead requires grazing allotments and existing oil and The Study Team also analyzes the ‘‘marked separation.’’ gas developments. These areas are not location of grizzly bear/human conflicts Issue 2—Regarding significance, a few currently suitable and would require and mortalities in relation to land of the reviewers responded that there elimination of existing management ownership and type of conflict in their are other populations of grizzlies that activities to make them suitable. Such annual reports. In this way, the Study have great access to ungulates and an action is not biologically necessary to Team identifies ‘‘hotspot’’ conflict areas whitebark pine seeds but that diets have maintain the recovered status of the in which I & E and prevention efforts are not been quantified in these areas. One Yellowstone grizzly bear DPS. These likely to be most beneficial. reviewer questioned just how unique areas do not constitute a significant Issue 3—A few reviewers questioned the ecological setting of the GYA really portion of the range. Please see our the simplicity of the Service’s definition is. response to Issue 2 under subheading G of suitable habitat. These reviewers felt Response—While we recognize that in the Summary of Public Comments that because the Service and the Study there are populations around the world section above for additional discussion Team have abundant data regarding that have access to large ungulates about this concern. habitat use, the Service should have (Canada, Alaska, northeast Asia) and Issue 2—One reviewer agreed with employed a more empirical definition whitebark pine seeds (Canada), what is the first two criteria for suitable habitat ‘‘* * * using data-based, statistical unusual and unique about the GYA is but questioned the third criterion techniques, such as logistic regression that there is relatively high use of (having low mortality risk as indicated (e.g., Mladenoff et al. 1995) or ungulate meat. Also, although several through reasonable and manageable Mahalanobis distance (e.g., Thatcher et berry-producing shrubs occur in the levels of grizzly bear/human conflicts). al. 2006).’’ area, these are relatively limited by This reviewer suggested that the Service Response—We thought it was climatic factors and most grizzly bears conduct ‘‘Additional work on mortality adequate to use a more generalized, in the GYA do not rely on berries as a risk modeling in suitable habitats coarse-scale interpretation of what significant portion of their diets. It is (Nielsen et al. 2006, pp. 220–222) habitat would meet grizzly bear needs. this combination of reliance on large [which] would serve as a valuable Other models predicting where mammals and whitebark pine seeds, supplement to the tracking of conflicts unoccupied suitable grizzly bear habitat while having little opportunity to feed and would have the added benefit of occurs within the GYA produced results on berries, which makes the ecological providing a system that could aid in similar to ours (Noss et al. 2002, p. 903; setting of the GYA unusual, unique, and conflict reduction.’’ Merrill and Mattson 2003, pp. 182, 184). significant, as none of these factors Response—The Service agrees that The results of our analysis agree with alone differentiates the GYA from other such additional efforts to assess previous studies that have identified the ecosystems. mortality risk in suitable habitats would Wind River Mountains and the Issue 3—One reviewer thought that be useful and supports such work. The Centennial Mountains as potentially the Service should reevaluate the status Study Team is currently developing suitable, but currently unoccupied of all of the grizzly bear populations in habitat-based risk analysis models that habitat. the lower 48 simultaneously with the will provide insight into mortality risk Issue 4—Several reviewers felt that Yellowstone assessment. across the GYA landscape. One the Service should include some Response—The Service intends to management recommendation measure of habitat quality in its initiate a 5-year review of grizzly bear (Schwartz et al. 2006e, p. 62) was to definition because it also is important to populations in the conterminous States obtain funds to explore more spatially understand other health parameters in outside of the Yellowstone DPS, based explicit models beyond the three suitable habitat, such as body condition, on additional scientific information that political zones (i.e., inside Yellowstone movement rates, habitat use, and is currently being collected and National Park, inside the recovery zone reproductive function. A couple of analyzed. This review will likely be but outside Yellowstone National Park, reviewers thought habitat quality was initiated a few months after the and outside the recovery zone) that were particularly important to include in any publication of this final rule. addressed. In fact, before Schwartz et al. definition of suitable habitat in light of (2006e) was printed, the Study Team climate change and possible shifts in C. Are our assumptions and definition submitted a proposal to address this habitat use to respond to declines in of suitable habitat logical and adequate? recommendation and obtained funding food resources. If bears show major Issue 1—One reviewer thought it for this project. It took more than 1.5 shifts in habitat use in response to would be helpful for the Service to re- years to create the required spatial changing food availability, suitable categorize and include an analysis of layers needed for the analyses. The habitat may need to be redefined. suitable habitat, potentially suitable Study Team then began to construct Response—We used the Middle habitat (if management decisions models looking at hazards on the Rockies Ecoregion as a surrogate for

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habitat quality/capacity. This approach defined as a function of distance from monitor reproductive rates and define is supported by many previous studies roads, is indisputable. Although we do threshold values for these as they might which have found that mountainous not include any prediction of where be more sensitive to food fluctuations regions generally possess the habitat grizzly bears may occur or what their than mortality rates would be. One components necessary for grizzly bear mortality risk in identified secure reviewer suggested that non-invasive persistence, including hiding cover, habitat might be, the Study Team will methods could be used to monitor topographic variation necessary to monitor food resources and grizzly bear reproductive hormone cycles in adult ensure a wide variety of seasonal foods, mortalities in the GYA annually. female bears that may tie directly to steep slopes used for denning, and habitat and landscape conditions. E. Are our conclusions relating to food remoteness from humans (Craighead Response—The Greater Yellowstone resources logical and adequate? 1980, pp. 8–13; Knight 1980, pp. 1–3; Whitebark Pine Monitoring Working Judd et al. 1986, pp. 114–115; Peek et Issue 1—Many reviewers thought that Group (2005, pp. 98–107) worked al. 1987, 160–161; Aune and Kasworm the proposed rule was too optimistic in closely with statisticians to ensure the 1989, pp. 29–58; Merrill et al. 1999, pp. its discussion of how bears may respond best possible sampling design in terms 233–235; Pease and Mattson 1999, p. to declines in major foods. They noted of statistical power and ecological 969; Linnell et al. 2000, pp. 403–405; that although bears display some inference. They have established over Mattson and Merrill 2002, p. 1128). We foraging plasticity, the extent to which 70 transects throughout the GYA to have not assigned numerical quality this behavior might buffer loss of one of assess the status of whitebark pine. The scores to habitats based on grizzly bear the four major foods is not known. In Study Team also documents annual body condition or productivity because contrast, one reviewer thought that food whitebark pine cone production through of the uncertainties surrounding such availability was of minor importance in monitoring of 19 transects inside the calculations. comparison to other human influences PCA. The Study Team has found that its such as roads and human-caused surveys of whitebark pine cone D. Are the conclusions we reach logical mortality and stated that preventing production can effectively predict the and supported by the evidence we grizzly bear use of human garbage and magnitude of the number of provide? food will become increasingly important management actions taken on grizzly Issue 1—A couple of reviewers if traditional foods decrease. bears during each crop year (Haroldson criticized our contention that hunted Response—While we agree that the and Podruzny 2006, p. 45). The Study grizzly bear populations may experience extent to which grizzly bears might be Team’s research has resulted in a lower incidences of vandal killing, and able to compensate for the loss of one tentative threshold value, a mean of 20 one reviewer noted that data he had of the four major foods is unknown, the cones per tree, which predicts near collected in Alberta since 1999 do not rule reflects the best scientific and exclusive use of cones by bears from support the conclusion that sport commercial data available. Future food August through October, and also hunting of grizzly bears lowers mortality source availability and the possible predicts that management actions will from poaching. grizzly bear reaction to those possible be reduced in such years. This level of Response—The reviewer’s evidence future changes are discussed under predictive ability to detect this effect is convinced us to conclude that sport Factor E below and in the Summary to adequate for management purposes. hunting of grizzly bears may not lower Public Comments’ sections J, K, L, and Whitebark pine cone production mortality from poaching. We have M above. We also agree that human- fluctuates from year to year, as an removed any such wording and logic caused mortality is probably the major evolved strategy on the part of the trees from this final rule. factor limiting grizzly populations, to avoid seed parasitism and predation. Issue 2—One reviewer suggested that although mortality can be mediated by Human management cannot guarantee a we could strengthen our assumptions food availability (Mattson et al. 1992, p. large cone crop. about secure habitat serving adequately 432). The Study Team will continue to Abundances of the other three major as the primary habitat component monitor major food abundance and foods (ungulate carcasses, cutthroat monitored, if we expanded the grizzly bear conflicts and mortalities. trout, and army cutworm moths) have definition of secure habitat to include a The combination of results and Study not been reliable predictors of grizzly probability of grizzly bear occurrence Team analyses from these multiple bear abundance, fecundity, mortality, or (through ongoing monitoring of food monitoring indices on foods, bear vital management activity. All have resources in space and time) coupled rates, and bear/human conflicts will fluctuated in abundance during the with mortality risk (Nielsen et al. 2006, allow managers to respond to changes as period in which the grizzly population pp. 220–222) necessary. Managers will respond to has continued to increase. Response—The negative impacts of poor food years with reductions in Although adult female survival is the humans on grizzly bear survival and allowable mortalities and with factor most important to population habitat use are well documented increased I & E efforts that forewarn the trajectory, the Study Team also monitors (Harding and Nagy 1980, p. 278; public about the increased potential for reproductive rates to obtain a complete McLellan and Shackleton 1988, pp. grizzly bear/human conflicts. picture of the overall health of the 458–459; Aune and Kasworm 1989, pp. Issue 2—The reviewers thought it was grizzly bear population. Annually, the 83–103; McLellan 1989, pp. 1862–1864; important to continue monitoring the Study Team monitors litter size through McLellan and Shackleton 1989, pp. abundance and distribution of the four counts of females with cubs-of-the-year. 377–378; Mattson 1990, pp. 41–44; major food sources. One reviewer In addition, every 8 to 10 years, the Mattson and Knight 1991, pp. 9–11; suggested that the Service use statistical Study Team will recalculate litter size Mattson et al. 1992, pp. 436–438; Mace power analyses ‘‘* * * to determine and cub survival based on the radio- et al. 1996, p. 1403; McLellan et al. what level of change in each food source collared sample of female grizzly bears. 1999, pp. 914–916; White et al. 1999, p. can be detected with these surveys’ and The Study Team does not currently 150; Woodroffe 2000, pp. 166–168; to make adjustments to improve the monitor reproductive hormone cycles Boyce et al. 2001, p. 34; Johnson et al. effectiveness and efficiency of the food but will consider its use in the future as 2004, p. 976). In light of this, the monitoring techniques. Another it becomes more feasible and cost- importance of secure habitat, simply reviewer recommended that the Service effective.

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Issue 3—One reviewer thought the to ensure that relisting will be carried in the development of the Wyoming Service should make it clear that the out if necessary, based upon the best State grizzly bear management plan. four major foods and their potential available science. Issue 4—The reviewers supported our declines were not included in any Issue 2—One reviewer stated that post-delisting monitoring plan to models of future population trajectory. monitoring is not sufficient if the results maintain a minimum of 25 adult female Response—The potential abundances of investigations are not promptly bears distributed throughout the GYA of the four major foods have not been incorporated in policy and management, with radio collars at all times, to employed in any of the PVAs predicting and that this type of rapid response examine the trends and welfare of the future population trajectory. The requires availability of contingency population. One reviewer recommended reasons for this and our progress toward funds, clear roles and authorities, and to us that such research trapping and this goal are discussed above in our the power to impose the necessary radio-collaring should strive to response to Issue 2 under subheading B actions on all involved partners. One minimize the number of capture events in the Summary of Public Comments reviewer believes that since the per individual to minimize stress, section of this final rule. effectiveness of the monitoring program perhaps by using radio transmitters that Issue 4—Two reviewers thought the depended ‘‘* * * upon adequate have a longer operational life. Service should analyze the implications funding to provide research results with Response—The minimization of stress of the recently introduced wolf scientifically acceptable confidence during capture events is always a populations on the availability of limits,’’ the monitoring plan should priority for research-trapped bears. A ungulates to Yellowstone grizzly bears. have secure funding for at least 5 to 10 strict protocol (Jonkel 1993, pp. 1–4) is Response—Recent models and years before delisting occurs. followed by the Study Team when investigations in the field suggest that Response—The signatories to the trapping grizzly bears for research reintroduced wolves have had little purposes. In addition, the latest Strategy will practice adaptive effect on ungulate availability to grizzly veterinary medical research is management by incorporating the bears in the GYA (Wilmers et al. 2003a, incorporated into the Study Team’s findings of the monitoring programs pp. 914–915; Barber et al. 2005, p. 43; protocol when they renew their into management of the GYA grizzly Vucetich et al. 2005, p. 259). This issue veterinary permit annually. These bear population. The Federal is discussed in more detail under Factor protocols are designed to minimize Government does not have the statutory E below. restraint time, minimize capture-related or constitutional authority to compel the stress, monitor the health of captured F. Is the post-delisting monitoring States or individuals to participate in animals, administer appropriate levels program for habitat and population managing grizzly bears if they choose criteria logical and adequate to ensure of anesthesia, and minimize the not to, although the responsible duration of anesthesia through the use survival of this population of grizzly agencies’ signatures on the Strategy bears in the foreseeable future? of appropriate antagonists. As radio- indicate their willingness to manage the telemetry technology improves, the Issue 1—A couple of the reviewers Yellowstone grizzly bear DPS. Funding Study Team will incorporate those commented that a clear, unequivocal set for government programs is never advances into the monitoring program. of criteria for automatic relisting should certain at any level, but the funding to If collars can be safely retained for be established to reduce process-based support the grizzly bear and grizzly bear longer periods, the Study Team will uncertainty. One reviewer stated that, habitat management activities of the make use of improved battery life as given past controversy surrounding various Federal and State agencies has these advancements are made. As collar listing decisions, relisting cannot be been consistently obligated for the past life increases, the total number of regarded as a potential solution to future 30 years. capture events will decrease. problems. Issue 3—One reviewer encouraged the Issue 5—One reviewer believes that Response—The Act contains no Service to investigate human the Service should state clearly how provision for automatic relisting of a dimensions with a protocol that would often important population parameters species based on quantitative criteria. If, allow quantification of changes in the such as female survival, litter size, litter at any time, data indicate that protective attitudes of the general public, farmers, interval, population growth rates status under the Act should be hunters, and other stakeholders. (lambda), sex ratios, and age ratios will reinstated, we can initiate listing Response—Although we agree that be calculated. procedures, including, if appropriate, the values people hold about grizzly Response—These parameters will be emergency listing. Any such relisting bears may provide some insight into recalculated every 8 to 10 years based would be based on the definition of poaching incidents and successful on the radio-collared sample threatened or endangered and the 5- management approaches, due to the (Interagency Grizzly Bear Study Team factor analysis. A petition for relisting complications associated with 2005, p. 45) or as required by a Biology the Yellowstone grizzly bear DPS would quantifying shifts in public attitudes, we and Monitoring Review triggered by a have to go through the same procedure do not see such research as a priority violation of a habitat or population as a species newly petitioned for listing. essential to grizzly bear conservation in criterion. However, the Service can issue an the GYA. Instead, we believe successful Issue 6—Some reviewers suggested emergency listing rule independent of conservation of the Yellowstone grizzly that a DNA-based population estimate the petition process or in response to a bear should focus on reducing human- be conducted at least once to check the petition, as it did for the Mojave caused mortality, protecting habitat, estimate given by using the methods population of the desert tortoise preventing grizzly bear/human conflicts, described in the Reassessing Methods (Gopherus agassizii) (54 FR 32326, and monitoring demographic and Document. Some believe that the August 4, 1989). The Service would habitat parameters. That said, in 2001, Service should integrate large-scale, then have 240 days to complete a the State of Wyoming contracted a non-invasive genetic sampling into conventional listing rule before the private business to survey its residents future monitoring protocol since the protections of the emergency rule about their attitudes toward grizzly bear data gathered during such sampling expire. The Service believes the process management (Responsive Management provides much more information than described in this final rule is sufficient 2001, p. i). This information was used just a population estimate. Genetic

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sampling also can provide reliable and that, during these years, the Strategy, management agencies will estimates of sex ratio, reproductive population was increasing (Eberhardt respond with adequate restrictions and success, effective population size, and Knight 1996, p. 419; Harris et al. enforcement if recreation on public dispersal, allelic diversity, 2006, p. 48). Therefore, the selection of lands due to increased human heterozygosity, and inbreeding levels. any other year between 1988 and 1998 populations in the GYA becomes Response—The current cost of a one- would have resulted in approximately detrimental to the Yellowstone grizzly time, point population estimate using the same baseline values for roads and bear population. DNA is roughly $3.5 million to $5 developed sites but the selection of the Resource extraction in grizzly bear million (Interagency Grizzly Bear Study latter date allowed improvements made habitat is primarily timber harvest, and Team 2005, p. 12). The Yellowstone since 1988 to be included in the it has declined. Habitat quality, as Ecosystem Subcommittee decided in baseline. To address the possibility that measured by road density and timber 2001 that such funds would be spent we could be monitoring the ‘‘wrong harvest, has increased due to declines in more effectively on other management surrogates,’’ the responsible agencies these activities in grizzly habitat. actions. The Service and the Study also will be monitoring a suite of other Timber harvest volumes and road Team recognize the need to improve factors including habitat parameters, construction have declined since the methods to estimate population size and population criteria, mortalities, and mid-1990s. Under the 1998 level of calculate sustainable mortality limits conflicts. Our partners will improve the secure habitat, the Yellowstone grizzly and will continue to consider ways in technique for the monitoring of habitat bear population has been increasing at which this might be accomplished. As as better methods become available and between 4 to 7 percent per year (Harris the costs associated with DNA as the relationships between habitat et al. 2006, p. 48). From 1986 to 2002 amplification and analysis decrease quality and vital rates are better there has been a net reduction of more with time, the Study Team may revisit documented. than 1,600 km (1,000 mi) of road on the this possibility. The Study Team will Issue 8—A couple of reviewers six GYA National Forests (inside and continue to take DNA samples suggested that in order to truly maintain outside the PCA). Inside the PCA on opportunistically from all bears trapped 1998 conditions, the level of human use National Forests, there was an average for research or management and all also must be maintained at 1998 levels reduction (elimination) of 59.9 km (37.2 known mortalities so that future because the intensity of human use is mi) of road per year from 1986 to 2002 analyses of other genetic or the driving factor behind security, not (USDA Forest Service 2006a, p. 200). demographic parameters are possible. the sheer number of developed sites and Similarly, outside the PCA, there was an For now, as long as mortality continues roads on the landscape; intensity of use average reduction of 40.7 km (25.3 mi) to remain within the sustainable will only increase as the human of road per year for this time period mortality limits as evidenced by a population in the area increases. One (USDA Forest Service 2006a, p. 200). Chao2 estimate of at least 48 females reviewer suggested that the Service There are no active oil and gas wells in with cubs of the year, there are no data create limits on the numbers of visitors Service-defined suitable grizzly habitat. to indicate that this method is (visitors/days) allowed in Yellowstone There has never been any high-density inadequate to manage for a stable to National Park. He believes that this oil and gas development in suitable increasing Yellowstone grizzly bear limitation on human activities is grizzly habitat in the GYA. Inside the population. especially important in light of PCA, the potential for increased Issue 7—Several reviewers thought uncertainties surrounding food sources. resource extraction in the future is the 1998 baseline gives reasonable One reviewer also noted that, in light of severely limited due to the constraints assurance that grizzly bear habitat needs potential decreases in important foods, on road construction and site within the PCA will continue to be met. it would be preferable to institute development established by the One reviewer commented that the habitat guidelines that are more Strategy. assumption that 1998 habitat conditions restrictive toward resource exploitation We do not anticipate a dramatic allowed the population to increase by 4 than the 1998 baseline. increase in resource extraction outside to 7 percent is ‘‘largely valid,’’ but Response—Human use of the GYA, as of the PCA either due to the quantity of questioned the Service’s choice of the measured by the annual number of National Forest land designated as year 1998 and the biological people visiting Yellowstone National Wilderness Area (6,799 sq km (2,625 sq justification behind the criteria for Park, has increased since the grizzly was mi)), Wilderness Study Area (708 sq km acceptable road densities and levels of listed as threatened in 1975 (Gunther (273 sq mi)), or Inventoried Roadless secure habitat. A couple of reviewers 2000, p. 48). During the 1970s, the Area (6,179 sq km (2,386 sq mi)). agreed with the Service that, currently, average annual number of people Approximately 79 percent of all suitable there is no known way to deductively visiting the Park was 2,243,737. In the habitat on National Forest lands outside calculate habitat quality for grizzly bears 1990s, this number was 3,023,916 the PCA falls into one of these (e.g., security) and that the use of (Gunther 2000, p. 48). However, during categories. surrogates (e.g., levels of secure habitat) that period, the grizzly population also Issue 9—One reviewer stated that was appropriate, but reminded us that has increased, and the bears within there are no clear management ‘‘If we are monitoring the wrong Yellowstone National Park appear to responses described if habitat threshold surrogates, however, there is no have reached the carrying capacity of values are not achieved. Another guarantee that the true 1998 habitat the Park habitat (Schwartz et al. 2006c, reviewer recommended that threshold baseline will be met. We should p. 29). The Service considers the values for habitat effectiveness be acknowledge this and continue to strive establishment of habitat thresholds for established, as these would be helpful for better measures of what constitutes human population growth and for managers, even if they do not trigger true habitat quality for bears.’’ recreation to be unrealistic and feels exact management responses like the Response—The year 1998 was chosen that the 1998 baseline will address these demographic criteria do. because we know that levels of secure issues adequately through access Response—Because of the natural habitat and site developments had been management and limitations on site annual variability in the distribution roughly the same during the previous 10 development. Using the adaptive and abundance of grizzly bear foods, years (USDA Forest Service 2004, p. 27), management approach described in the there were no threshold values

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established for these habitat parameters. management framework (i.e., the valuable to confirm the Cumulative Instead, the 1998 baseline attempted to Strategy) is in place to manage grizzly Effects Model with empirical data. This establish realistic habitat standards that bear mortality and habitat quality criticism of the Cumulative Effects ensure adequate habitat security and (Linnell et al. 2001, p. 348). Model is one reason that the Strategy minimum livestock conflicts within the Issue 12—One reviewer does not include threshold values for PCA. The Study Team will continue to recommended that the Service abandon habitat effectiveness as calculated by the communicate with managers and the the current Cumulative Effects Model in Cumulative Effects Model as a trigger for media about whitebark pine production favor of a model that employs Resource management action or a Biology and as they obtain data each year. The goal Selection Functions. He contends that Monitoring Review. What the of this effort is to inform the public of Resource Selection Functions models Cumulative Effects Model does provide ways to avoid grizzly bear conflicts in avoid many of the limitations associated is a relative measure of whether habitat poor food years. with the Cumulative Effects Model quality has increased or decreased in Issue 10—One reviewer noted that the including ‘‘* * * lack of empiricism, areas across the landscape. However, it time lag in the feedback loop between pre-defined model structure, and does not provide a reliable estimate of habitat changes and population size arbitrary threshold criteria.’’ Another exactly how those changes in habitat (Doak 1995, p. 1378) poses a problem reviewer also endorsed the use of quality will affect the Yellowstone for monitoring population size alone. Resource Selection Functions models grizzly bear population. The Study This reviewer suggested that a major and noted that they are becoming Team is currently exploring alternative research focus for the future should be sophisticated enough to incorporate habitat models to the Cumulative Effects to strive to improve habitat monitoring mortality risk, which would be Model. As the science further evolves, protocols such that habitat is monitored invaluable to grizzly bear management. the Study Team will continue to use the directly, not just via grizzly bear vital Response—The Study Team is best scientific and commercial rates. currently exploring alternative habitat information available. Response—The Strategy commits the models to the Cumulative Effects Model. agencies to intensive monitoring of all Resource Selection Functions models G. Did we include all the necessary and grizzly bear vital rates and the are not always the best way to describe pertinent literature to support our relationship of these vital rates to habitat relationships because estimated assumptions, arguments, and changes in major foods and levels and resource selection functions are not conclusions? types of human activities in their always proportional to the true Issue 1—Several peer reviewers habitat. This monitoring does not solely probability of use (Keating and Cherry suggested additional literature to rely on vital rate monitoring to 2004, p. 788). We agree that linking consider and possibly include in the indirectly infer changes in habitat. habitat conditions to demographic data final rule. Annual habitat monitoring will produce would be an invaluable management Response—The literature used and results on any changes in habitat values tool. The Study Team is currently recommended by the peer reviewers has and key food production and possible developing habitat-based risk analysis been considered and incorporated, as disease in key foods. Thus, the system models that will provide insight into appropriate, in this final rule. in place will not rely on indirect these relationships. These models Summary of Factors Affecting the measures of habitat values but will consider foods, habitat productivity, produce direct measures of habitat and human impacts to the landscape. As Species values annually. Since our partners will part of the adaptive management Section 4 of the Act and regulations be monitoring a suite of vital rates approach in the Strategy, the Study promulgated to implement the listing including survival of radio-collared Team intends to link these hazard provisions of the Act (50 CFR part 424) bears, mortality of all conflict bears, and models with similar models of set forth the procedures for listing, fecundity, we feel confident that we will reproduction to develop models reclassifying, and delisting species. A be able to detect the consequences of predicting population change on the species may be delisted, according to 50 significantly reduced habitat landscape. Combined, these models will CFR 424.11(d), if the best scientific and productivity. yield a projection of population commercial data available demonstrate Issue 11—One reviewer wanted to see viability. These efforts will that the species is no longer endangered more emphasis placed on not only continuously be updated and improved or threatened because of (1) extinction; tracking and categorizing private land as new methods and information (2) recovery; or (3) error in the original development, but predicting it as well, become available. data used for classification of the to allow for proactive management. Issue 13—Several reviewers species. Response—Data on private land recommended that the Cumulative A recovered population is one that no development are gathered by, and are Effects Model be validated with longer meets the Act’s definition of available from, the counties. These data empirical data and suggested that threatened or endangered. The analysis are used by nongovernmental predicted use may not correlate well for a delisting due to recovery must be organizations and university researchers with actual grizzly bear use. They based on the five factors outlined in to project future growth and prioritize believed such validation would be section 4(a)(1) of the Act. This analysis private lands that are most important to helpful since the Service relies on the must include an evaluation of threats landscape connectivity and species Cumulative Effects Model as a that existed at the time of listing and diversity. For more information on monitoring tool for habitat effectiveness those that currently exist or that could recent land sale statistics, please see our and habitat mitigation. One reviewer potentially affect the species in the response to Issue 6 under subheading H suggested an approach that could link foreseeable future once the protections of the Summary of Public Comments habitat (foods) and mortality so that the of the Act are removed. section above. Cumulative Effects Model is adequate. The Act defines ‘‘species’’ to also The Service contends that grizzly Response—Although we currently include any subspecies or, for bears can coexist with projected human view the Cumulative Effects Model as vertebrates, any DPS. Because the population growth and land use in the the best scientific and commercial data Yellowstone grizzly bear population is foreseeable future, if an adequate available, we agree that it would be discrete and significant, as defined

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above, it warrants recognition as a DPS event. To say that a species ‘‘is in and how the species came to be extinct under the Act and our policy (61 FR danger’’ in an area that is currently in that location may be relevant in 4722, February 7, 1996). Therefore, our unoccupied, such as unoccupied understanding or predicting whether a analysis only covers the Yellowstone historical range, would be inconsistent species is ‘‘in danger of extinction’’ in DPS. with common usage. Thus, ‘‘range’’ its current range and therefore relevant In terms of the ‘‘foreseeable future,’’ must mean ‘‘currently-occupied range,’’ to our 5 factor analysis. But the fact that for the purposes of this final rule, we not ‘‘historical range.’’ This it has ceased to exist in what may have view ‘‘foreseeable’’ as ‘‘such as interpretation of ‘‘range’’ is further been portions of its historical range does reasonably can or should be anticipated: supported by the fact that section not necessarily mean that it is ‘‘in Such that a person of ordinary prudence 4(a)(1)(A) of the Act requires us to danger of extinction’’ in a significant would expect it to occur or exist under consider the ‘‘present’’ or ‘‘threatened’’ portion of the range where it currently the circumstances’’ (Merriam-Webster’s (i.e., future), rather than the past, exists. Dictionary of Law 1996; Western ‘‘destruction, modification, or ‘‘Significant’’—The Act does not Watershed Project v. Foss (D. Idaho curtailment’’ of a species’ habitat or clearly indicate what portion(s) of a 2005)). We use this definition, as range in determining whether a species species’ range should be considered opposed to an a priori time period (e.g., is endangered or threatened. ‘‘significant.’’ Most dictionaries list 100 years), to avoid placing an arbitrary However, the Ninth Circuit Court of several definitions of ‘‘significant.’’ For limit on our time horizon. The Appeals appeared to conclude, without example, one standard dictionary foreseeable future is likely to differ for any analysis or explanation that the defines ‘‘significant’’ as ‘‘important,’’ each factor potentially impacting the ‘‘range’’ referred to in the ‘‘significant ‘‘meaningful,’’ ‘‘a noticeably or DPS. When evaluating population portion of its range’’ phrase includes the measurably large amount,’’ or models or other modeling efforts (e.g., historical range of the species. The court ‘‘suggestive’’ (Merriam-Webster’s climate change models), with respect to stated that a species ‘‘can be extinct Collegiate Dictionary 1088 (10th ed. foreseeable future, we take into ‘throughout * * * a significant portion 2000)). If it means a ‘‘noticeably or consideration model variance over time of its range’ if there are major measurably large amount,’’ then we and model outputs along with the decay geographical areas in which it is no would have to focus on the size of the in confidence as we forecast further into longer viable but once was,’’ and then range in question, either in relation to the future. This approach is more robust faults the Secretary for not ‘‘at least the rest of the range or perhaps even in than simply looking at a single time- explain[ing] her conclusion that the area absolute terms. If it means ‘‘important,’’ horizon because it uses all available in which the species can no longer live then we would have to consider factors data and takes into consideration the is not a significant portion of its range.’’ in addition to size in determining a predictive value of that data. However, Defenders of Wildlife v. Norton, 258 portion of a species’ range is the Strategy which is intended to guide F.3d 1136, 1145 (emphasis added). This ‘‘significant.’’ For example, would a key all management post-delisting, is would suggest that the range we must breeding ground of species be anticipated to continue in perpetuity. analyze in assessing endangerment ‘‘significant,’’ even if it was only a small To provide assurance that the DPS includes unoccupied historical range— part of the species’ entire range? remains recovered beyond the i.e., the places where the species was One district court interpreted the term foreseeable future, the Strategy provides once viable but no longer exists. to mean ‘‘a noticeably or measurably that if future threats arise or known The statute does not support this large amount’’ without analysis or any threats increase in magnitude, the Study interpretation. This interpretation is reference to other alternate meanings, Team and the Coordinating Committee based on what appears to be an including ‘‘important’’ or ‘‘meaningful.’’ are to adapt management to address any inadvertent misquote of the relevant Defenders of Wildlife v. Norton, 239 F. new or increased threats. statutory language. In addressing this Supp. 2d 9, 19 (D.D.C. 2002). We A species is ‘‘endangered’’ for issue, the Ninth Circuit states that the consider the court’s interpretation to be purposes of the Act if it is in danger of Secretary must determine whether a unpersuasive because the court did not extinction throughout all or a species is ‘‘extinct throughout * * * a explain why we could not employ ‘‘significant portion of its range’’ and is significant portion of its range.’’ Id. If another, equally plausible definition of ‘‘threatened’’ if it is likely to become that were true, we would have to study ‘‘significant.’’ It is impossible to endangered within the foreseeable the historical range. But that is not what determine from the word itself, even future throughout all or a ‘‘significant the statute says, and the Ninth Circuit when read in the context of the entire portion of its range.’’ The following quotes the statute correctly elsewhere in statute, which meaning of ‘‘significant’’ describes how we interpret the terms its opinion. Under the Act, we are not Congress intended. Moreover, even if it ‘‘range’’ and ‘‘significant’’ as used in the to determine if a species is ‘‘extinct were clear which meaning was phrase ‘‘significant portion of its range,’’ throughout * * * a significant portion intended, ‘‘significant’’ would still and explains the basis for our use of of its range,’’ but are to determine if it require interpretation. For example, if it those terms in this rule. ‘‘is in danger of extinction throughout were meant to refer to size, what size ‘‘Range’’—The word ‘‘range’’ in the * * * a significant portion of its range.’’ would be ‘‘significant’’: 30 percent, 60 phrase ‘‘significant portion of its range’’ A species cannot presently be ‘‘in percent, 90 percent? Should the refers to the range in which a species danger of extinction’’ in that portion of percentage be the same in every case or currently exists, not to the historical its range where it ‘‘was once viable but for each species? Moreover, what range of the species where it once no longer is’’—if by the latter phrase the factors, if any, would be appropriate to existed. The context in which the court meant lost historical habitat. In consider in making a size phrase is used is crucial. Under the that portion of its range, the species has determination? Is size all by itself Act’s definitions, a species is by definition ceased to exist. In such ‘‘significant,’’ or does size only become ‘‘endangered’’ only if it ‘‘is in danger of situations, it is not ‘‘in danger of ‘‘significant’’ when considered in extinction’’ in the relevant portion of its extinction’’; it is extinct. combination with other factors? On the range. The phrase ‘‘is in danger’’ Although we must focus on the range other hand, if ‘‘significant’’ were meant denotes a present-tense condition of in which the species currently exists, to refer to importance, what factors being at risk of a future, undesired data about the species’ historical range would need to be considered in

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deciding that a particular portion of a necessarily qualify a species for listing. A to affect it within the foreseeable future. species’ range is ‘‘important’’ enough to species with an exceptionally large historical Therefore, this analysis was conducted trigger the protections of the Act? range may continue to enjoy healthy over the entire current and foreseeable Where there is ambiguity in a statute, population levels despite the loss of a range of the grizzly bear including all as with the meaning of ‘‘significant,’’ the substantial amount of suitable habitat. Similarly, a species with an exceptionally ‘‘suitable habitat’’ (defined and agency charged with administering the small historical range may quickly become discussed under Factor A below) within statute, in this case the Service, has endangered after the loss of even a very small the DPS boundaries. broad discretion to resolve the percentage of habitat. A. The Present or Threatened ambiguity and give meaning to the term. The Ninth Circuit concluded that Destruction, Modification, or As the Supreme Court has stated: what is ‘‘significant’’ must ‘‘necessarily Curtailment of Its Habitat or Range In Chevron, this Court held that be determined on a case by case basis,’’ Habitat destruction and modification ambiguities in statutes within an agency’s and must take into account not just the jurisdiction to administer are delegations of were major contributing factors leading size of the range but also the biological to the listing of the grizzly bear as a authority to the agency to fill the statutory importance of the range to the species. gap in reasonable fashion. Filling these gaps, threatened species under the Act in the Court explained, involves difficult policy 258 F.3d. at 1143. At the other end of 1975 (40 FR 31734–31736, July 28, choices that agencies are better equipped to the spectrum, the Ninth Circuit rejected 1975). Both the dramatic decreases in make than courts. If a statute is ambiguous, what it called ‘‘the faulty definition historical range and land management and if the implementing agency’s offered by us,’’ a definition that holds practices in formerly secure grizzly bear construction is reasonable, Chevron requires that a portion of a species’ range is habitat led to the 1975 listing (40 FR a federal court to accept the agency’s ‘‘significant’’ only if the threats faced by 31734–31736, July 28, 1975). To address construction of the statute, even if the the species in that area are so severe as this source of population decline, the agency’s reading differs from what the court to threaten the viability of the species as believes is the best statutory interpretation. Study Team was created in 1973 to a whole. 258 F.3d. at 1143, 1146. It thus collect, manage, analyze, and distribute Nat’l Cable & Telecomms. Ass’n v. appears that within the two outer science-based information regarding Brand X Internet Servs., 545 U.S. 967, boundaries set by the Ninth Circuit, we habitat and demographic parameters 980 (2005) (internal citations omitted). have wide discretion to give the upon which to base management and We have broad discretion in defining definitive interpretation of the word recovery. Then, in 1983, the Interagency what portion of a species’ range is ‘‘significant’’ in the phrase ‘‘significant Grizzly Bear Committee was created to ‘‘significant.’’ No ‘‘bright line’’ or portion of its range.’’ coordinate management efforts across ‘‘predetermined’’ percentage of Based on these principles, we multiple Federal lands and different historical range loss is considered considered the following factors in States within the various Recovery ‘‘significant’’ in all cases, and we may determining whether a portion of the Zones ultimately working to achieve consider factors other than simply the grizzly’s range is ‘‘significant’’—quality, recovery of the grizzly bear in the lower size of the range portion in defining quantity, and distribution of habitat 48 States. Its objective was to change what is ‘‘significant.’’ In light of the relative to the biological requirements of land management practices on Federal general ecosystems conservation the species; the historical value of the lands that supported grizzly bear purposes and findings in section 2 of habitat to the species; the frequency of populations at the time of listing to the Act, our goal is to define use of the habitat; the uniqueness or provide security and maintain or ‘‘significant’’ in such a way as to insure importance of the habitat for other improve habitat conditions for the the conservation of the species reasons, such as breeding, feeding, grizzly bear. Since 1986, National Forest protected by the Act. In determining migration, wintering, or suitability for and National Park plans have whether a range portion is significant, population expansion; genetic diversity; incorporated the Guidelines (USDA we consider the ecosystems on which and other biological factors. We focused Forest Service 1986, pp. 1–2) to manage the species that use that range depend on portions of the grizzly’s range grizzly bear habitat in the Yellowstone as well as the values listed in the Act important to its conservation, such as Recovery Zone. that would be impaired or lost if the identified ‘‘recovery units’’; unique Management improvements made as a species were to become extinct in that habitat or other ecological features that result of the Guidelines include, but are portion of the range or in the range as provide adaptive opportunities that are not limited to—(1) Federal and State a whole. of conservation importance to the agency coordination to produce However, our discretion in defining species; and ‘‘core’’ populations that nuisance bear guidelines that allow a ‘‘significant’’ is not unlimited. The generate additional individuals of a quick response to resolve and minimize Ninth Circuit Court of Appeals, while species that can, over time, replenish grizzly bear/human confrontations; (2) acknowledging that we have ‘‘a wide depleted populations or stocks at the reduced motorized access route degree of discretion in delineating’’ periphery of the species’ range. We did densities through restrictions, what portion of a range is ‘‘significant,’’ not apply the term ‘‘significant’’ to decommissioning, and closures; (3) appeared to set outer limits of that portions of the species’ range that highway design considerations to discretion. See Defenders of Wildlife v. constitute less-productive peripheral facilitate population connectivity; (4) Norton, 258 F.3d 1136. On the one habitat, artificially-created habitat, or closure of some important habitat areas hand, it rejected what it called a areas where the species has established to all human access in National Parks quantitative approach to defining itself in urban or suburban settings. during certain seasons that are ‘‘significant,’’ where a ‘‘bright line’’ or Such portions of the species’ range are particularly important to grizzlies; (5) ‘‘predetermined’’ percentage of not ‘‘significant,’’ in our view, to the closure of many areas in the GYA to oil historical range loss is considered conservation of the species as required and gas leasing, or implementing ‘‘significant’’ in all cases. 258 F.3d. at by the Act. restrictions such as no surface 1143. As the court explained: The following analysis utilizes these occupancy; (6) elimination of two sheep First, it simply does not make sense to definitions and examines all important allotments on the Caribou-Targhee assume that the loss of a predetermined factors currently affecting the National Forest in 1998, resulting in a percentage of habitat or range would Yellowstone grizzly bear DPS or likely 46 percent decrease in total sheep

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animal months inside the Yellowstone 969) that grizzly bear reproduction and 297–298; Mattson and Merrill 2002, pp. Recovery Zone; and (7) expanded I & E survival is a function of both the 1128–1129). Because wild bison herds programs in the Yellowstone Recovery biological needs of grizzly bears and no longer exist in these areas, these Zone to help reduce the number of remoteness from human activities, areas are no longer capable of grizzly mortalities caused by big-game which minimizes mortality risk for contributing, in a meaningful way, to hunters. Overall, adherence to the grizzly bears. Mountainous areas the overall status of the Yellowstone Guidelines has changed land provide hiding cover, the topographic DPS. Thus, we did not include drier management practices on Federal lands variation necessary to ensure a wide sagebrush, prairie, or agricultural lands to provide security and to maintain or variety of seasonal foods, and the steep within our definition of suitable habitat improve habitat conditions for the slopes used for denning (Judd et al. because these land types no longer grizzly bear. Implementation of these 1986, pp. 114–115; Aune and Kasworm contain adequate food resources (i.e., Guidelines has led to the successful 1989, pp. 29–58; Linnell et al. 2000, pp. bison) to support grizzly bears. Figure 1 rebound of the Yellowstone grizzly bear 403–405). Higher elevation, above illustrates suitable habitat within population, allowing it to significantly mountainous regions in the GYA the Yellowstone DPS. increase in size and distribution since (Omernik 1987, pp. 118–125; Omernik its listing in 1975. 1995, pp. 49–62; Woods et al. 1999; Unavoidable and uncontrollable In 2002, an interagency group McGrath et al. 2002; Chapman et al. mortality also can impact which habitat representing pertinent State and Federal 2004) contain high-energy foods such as might be considered suitable. Some parties released the draft Final whitebark pine seeds (Mattson and mortality, including human-caused Conservation Strategy for the Grizzly Jonkel 1990, p. 223; Mattson et al. mortality, is unavoidable in a dynamic Bear in the GYA to guide management 1991a, p. 1623) and army cutworm system where hundreds of bears inhabit and monitoring of the habitat and moths (Mattson et al. 1991b, 2434; large areas of diverse habitat with population of Yellowstone grizzly bears French et al. 1994, p. 391). several million human visitors and after delisting. The Strategy identifies For our analysis of suitable habitat, residents. The negative impacts of and provides a framework for managing we considered the Middle Rockies humans on grizzly bear survival and two areas, the PCA and adjacent areas ecoregion, within which the Greater habitat use are well documented of suitable habitat where occupancy by Yellowstone Area is contained, (Harding and Nagy 1980, p. 278; grizzly bears is anticipated in the (Omernik 1987, pp. 120–121; Woods et McLellan and Shackleton 1988, pp. foreseeable future. What follows is an al. 1999; McGrath et al. 2002; Chapman 458–459; Aune and Kasworm 1989, pp. assessment of present or threatened et al. 2004) to meet grizzly bear 83–103; McLellan 1989, pp. 1862–1864; destruction, modification, or biological needs providing food, McLellan and Shackleton 1989, pp. curtailment of the grizzly bear’s habitat seasonal foraging opportunities, cover, 377–378; Mattson 1990, pp. 41–44; and range. More specifically, this and denning areas (Mattson and Merrill Mattson and Knight 1991, pp. 9–11; analysis evaluates all areas capable of 2002, p. 1125). The Middle Rockies Mattson et al. 1992, pp. 436–438; Mace supporting grizzly bears including the ecoregion has Douglas-fir, subalpine fir, et al. 1996, p. 1403; McLellan et al. PCA and all suitable habitat within the and Engelmann spruce forests and 1999, pp. 914–916; White et al. 1999, p. DPS. These terms and areas are defined alpine areas. Forests can be open. 150; Woodroffe 2000, pp. 166–168; below. Foothills are partly wooded or shrub- Boyce et al. 2001, p. 34; Johnson et al. Suitable Habitat—Because we used and grass-covered. Intermontane valleys 2004, p. 976). These effects range from easily recognized boundaries to are grass- and/or shrub-covered and temporary displacement to actual delineate the Yellowstone DPS, the DPS contain a mosaic of terrestrial and mortality. Mattson and Merrill (2002, includes both suitable and unsuitable aquatic fauna that is distinct from the pp. 1129–1134) found that grizzly bear habitat (see Figure 1 above). For the nearby mountains. Many mountain-fed, persistence in the contiguous United purposes of this final rule, suitable perennial streams occur and States between 1920 and 2000 was habitat is considered the area within the differentiate the intermontane valleys negatively associated with human and DPS boundaries capable of supporting a from the Northwestern Great Plains. livestock densities. As human viable grizzly bear population now or in Recreation, logging, mining, and population densities increase, the the foreseeable future. We have defined summer livestock grazing are common frequency of encounters between suitable habitat for grizzly bears as areas land uses in this ecoregion. having three characteristics—(1) being Although grizzly bears historically humans and grizzly bears also increases, of adequate habitat quality and quantity occurred throughout the area of the resulting in more human-caused grizzly to support grizzly bear reproduction and Yellowstone DPS (Stebler 1972, pp. bear mortalities due to a perceived or survival; (2) contiguous with the current 297–298), many of these habitats are real threat to human life or property distribution of Yellowstone grizzly bears not, today, biologically suitable for (Mattson et al. 1996, pp. 1014–1015). such that natural re-colonization is grizzly bears. While there are records of Similarly, as livestock densities increase possible; and (3) having low mortality grizzly bears in eastern Wyoming near in habitat occupied by grizzly bears, risk as indicated through reasonable and present-day Sheridan, Casper, and depredations follow. Although grizzly manageable levels of grizzly bear Wheatland, even in the early 19th bears frequently coexist with cattle mortality. For more information see our century, indirect evidence suggests that without depredating them, when grizzly response to Issue 2 under subheading G grizzly bears were less common in these bears encounter domestic sheep, they in the Summary of Public Comments eastern prairie habitats than in usually are attracted to such flocks and section above. mountainous areas to the west (Rollins depredate the sheep (Jonkel 1980, p. 12; Our definition and delineation of 1935, p. 191; Wade 1947, p. 444). Knight and Judd 1983, pp. 188–189; suitable habitat is built on the widely Grizzly bear presence in these drier, Orme and Williams 1986, pp. 199–202; accepted conclusions of extensive grassland habitats was associated with Anderson et al. 2002, pp. 252–253). If research (Craighead 1980, pp. 8–11; rivers and streams where grizzlies used repeated depredations occur, managers Knight 1980, pp. 1–3; Peek et al. 1987, bison carcasses as a major food source either relocate the bear or remove it pp. 160–161; Merrill et al. 1999, pp. (Burroughs 1961, pp. 57–60; Herrero from the population, resulting in such 233–235; Pease and Mattson 1999, p. 1972, pp. 224–227; Stebler 1972, pp. domestic sheep areas becoming

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population sinks (Knight et al. 1988, pp. distribution by approximately 100 km females with cubs-of-the-year) are found 122–123). (60 mi) of a mosaic of private and BLM within the PCA (Schwartz et al. 2006b, Because urban sites and sheep lands primarily used for agriculture, pp. 64–66). Grizzly bear use of suitable allotments possess high mortality risks livestock grazing, and oil and gas habitat may vary seasonally and for grizzly bears, we did not include production (Chapman et al. 2004). annually with different areas being more these areas as suitable habitat (Knight et Although there is a possibility that important than others in some seasons al. 1988, pp. 122–123). Based on 2000 individual bears may emigrate from the or years (Aune and Kasworm 1989, pp. Census data, we defined urban areas as GYA to the Bighorns occasionally, this 48–62). An additional 14,554 sq km census blocks with human population dispersal distance exceeds the average (5,619 sq mi) of suitable habitat is densities of more than 50 people per sq dispersal distance for both males (30 to currently unoccupied by grizzly bears km (129 people per sq mi). Cities within 42 km (19 to 26 mi)) and females (10 to (see Figure 1 above) (Schwartz et al. the Middle Rockies ecoregion such as 14 km (6 to 9 mi)) (McLellan and Hovey 2002, pp. 207–209; Schwartz et al. West Yellowstone, Gardiner, Big Sky, 2001, p. 842, Proctor et al. 2004, p. 2006b, pp. 64–66). We expect natural and Cooke City, Montana, and Jackson, 1108). Without constant emigrants from recolonization of much, if not all, of this Wyoming, were not included as suitable suitable habitat, the Bighorns will not area in the next few decades (Pyare et habitat. There are large, contiguous support a self-sustaining grizzly bear al. 2004, pp. 5–6). blocks of sheep allotments in peripheral population. Therefore, due to the fact Significant Portion of Range—We areas of the ecosystem in the Wyoming that this mountain range is disjunct determined whether a portion of the Mountain Range, the Salt River from other suitable habitat and current species range is significant based on the Mountain Range, and portions of the grizzly bear distribution, our analysis biological needs of the species and the Wind River Mountain Range on the did not classify the Bighorns as suitable nature of the threats to the species. As Bridger-Teton and the Targhee National habitat within the Yellowstone DPS stated above, the factors we used to Forests (see Figure 1 above). This spatial boundaries. determine significance include, but may distribution of sheep allotments on the Some areas that are not considered not be limited to the following: Quality, periphery of suitable habitat results in suitable habitat by our definition are quantity, and distribution of habitat areas of high mortality risk to bears occasionally used by grizzly bears relative to the biological requirements of within these allotments and a few small, (4,635 sq km (1,787 sq mi)) (see Figure the species; the historic value of the isolated patches or strips of suitable 1 above) (Schwartz et al. 2002, p. 209; habitat to the species; the frequency of habitat adjacent to or within sheep Schwartz et al. 2006b, pp. 64–66). The use of the habitat; the uniqueness or allotments. These strips and patches of records of grizzly bears in these importance of the habitat for other land possess higher mortality risks for unsuitable habitat areas are generally reasons, such as breeding, feeding, grizzly bears because of their enclosure due to recorded grizzly bear/human migration, wintering, or suitability for by and proximity to areas of high conflicts or to transient animals. These population expansion; genetic diversity mortality risk. This phenomenon in areas are defined as unsuitable due to (the loss of genetically based diversity which the quantity and quality of the high risk of mortality resulting from may substantially reduce the ability of suitable habitat is diminished because these grizzly bear/human conflicts. the species to respond and adapt to of interactions with surrounding less These unsuitable habitat areas do not future environmental changes or suitable habitat is known as an ‘‘edge permit grizzly bear reproduction or perturbations); and other biological effect’’ (Lande 1988, pp. 3–4; Yahner survival because bears that repeatedly factors (e.g. resilience to recover from 1988, pp. 335–337; Mills 1995, p. 396). come into conflict with humans or periodic disturbances or environmental Edge effects are exacerbated in small livestock are usually either relocated or variability). habitat patches with high perimeter-to- removed from these areas. After careful examination of the area ratios (i.e., those that are longer and According to the habitat suitability Yellowstone grizzly bear DPS in the narrower) and in wide-ranging species criteria described above, the context of our definition of ‘‘significant such as grizzly bears because they are Yellowstone DPS contains portion of its range,’’ we have more likely to encounter surrounding, approximately 46,035 sq km (17,774 sq determined all suitable habitat in the unsuitable habitat (Woodroffe and mi) of suitable grizzly bear habitat DPS (as per our definition above) Ginsberg 1998, p. 2126). Due to the within the DPS boundaries; or roughly (approximately 46,035 sq km (17,774 sq negative edge effects of this distribution 24 percent of the total area within the mi)) (see Figure 1 above), to varying of sheep allotments on the periphery of DPS boundaries (see Figure 1 above). levels, is a significant portion of its grizzly range, our analysis did not This amount of suitable habitat is range. Within suitable habitat, the PCA classify linear strips and isolated sufficient to meet all habitat needs of a represents the most significant portion patches of habitat as suitable habitat. recovered grizzly bear population and of the range. As such, this area is Finally, dispersal capabilities of provide ecological resiliency to the designated the ‘‘primary’’ conservation grizzly bears were factored into our population through the availability of area and provides the highest levels of determination of which potential habitat widely distributed, high-quality habitat protective management. This area was areas might be considered suitable. that will allow the population to originally selected as the focus of our Although the Bighorn Mountains west respond to environmental changes. recovery efforts because it was seen ‘‘as of I–90 near Sheridan, Wyoming, are Grizzly bears currently occupy about 68 an area large enough and of sufficient grouped within the Middle Rockies percent of that suitable habitat (31,481 habitat quality to support a recovered ecoregion, they are not connected to the sq km (12,155 sq mi)) (Schwartz et al. grizzly bear population’’ (U.S. Fish and current distribution of grizzly bears via 2002, pp. 207–209; Schwartz et al. Wildlife Service 1982, pp. 55–58; U.S. suitable habitat or linkage zones, nor are 2006b, pp. 64–66). It is important to Fish and Wildlife Service 1993, pp. 41). there opportunities for such linkage. note that the current grizzly bear This area includes approximately 51 The Bighorn Mountains are comprised distribution shown in Figure 1 does not percent of the suitable habitat within of 6,341 sq km (2,448 sq mi) of habitat mean that equal densities of grizzly the DPS and approximately 84 to 90 that is classified as part of the Middle bears are found throughout the region. percent of the population of female Rockies ecoregion, but are separated Instead, most grizzly bears grizzly bears with cubs (Schwartz et al. from the current grizzly bear (approximately 84 to 90 percent of 2006b, pp. 64–66). Because an estimated

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86.5 percent of the GYA grizzly bears the Strategy and the habitat-based to maintain these levels of secure live within the PCA and these bears recovery criteria discussed above, the habitat inside the PCA so that it will have experienced positive annual PCA will be a core secure area for continue to function as a source area for population increases of 4 percent inside grizzlies where human impacts on grizzly bears. Yellowstone National Park, and 12 habitat conditions will be maintained at Open road densities of more than 1.6 percent in the area inside the PCA but or below levels that existed in 1998 km/2.6 sq km (1 mi/sq mi) were outside of Yellowstone National Park (U.S. Fish and Wildlife Service 2007, p. calculated for two seasons to account for (Schwartz et al. 2006e, p. 58), the PCA 38). The 1998 baseline for habitat seasonal road closures. The percentage is particularly biologically significant to standards was chosen because the levels of land within each subunit containing the Yellowstone DPS. It serves as a of secure habitat and developed sites road density values higher than 1.6 km/ source area from which grizzly bears remained relatively constant in the 10 2.6 sq km (1 mi/sq mi) in 1998 ranged can expand into peripheral areas and years preceding 1998 (USDA Forest from 0 to 46.1 percent, although the currently unoccupied suitable habitat. Service 2004, pp. 140–141), and the average for all subunits was only 10.7 Additionally, the PCA’s geographic selection of 1998 assured that the percent. Lands containing total road location in the northwest corner of the habitat conditions that allowed the density values of more than 3.2 km/2.6 DPS area adds to its biological population to increase at a rate of 4 to sq km (2 mi/sq mi) in 1998 comprised significance because it is the area 7 percent per year (Harris et al. 2006, p. 0 to 28.1 percent of the total area within nearest to other grizzly bear recovery 48) would be maintained. For each of each subunit, with an average for all ecosystems. If and when connectivity is the 40 bear management subunits, the subunits of 5.3 percent (U.S. Fish and established among grizzly bear 1998 baseline was determined through a Wildlife Service 2007, p. 135). These populations in the lower 48 States, the GIS analysis of the amount of secure levels of motorized access have been PCA will play a role in providing habitat, open and closed road densities, effectively maintained or improved from dispersers to other ecosystems and the number and capacity of livestock 1998 levels. The Strategy assures that providing secure, quality habitat for allotments, the number of developed current levels of secure habitat will be dispersers from other grizzly bear sites on public lands, and habitat maintained at 1998 levels (U.S. Fish and ecosystems. This portion of the range is effectiveness. Wildlife Service 2007, p. 38). necessary for maintaining a recovered Several subunits within the Secure habitat refers to those areas population. boundaries of the Gallatin National with no motorized access that are at While the PCA provides for the Forest (Henry’s Lake No. 2, Gallatin No. primary biological needs of the least 4 ha (10 ac) in size and more than 3, and Madison No. 2) within the PCA Yellowstone grizzly bear DPS, suitable 500 m (1650 ft) from a motorized access have been identified as needing habitat outside the PCA also plays a role route or reoccurring helicopter flight improvement in access parameters. in ensuring the future viability of the line (USDA Forest Service 2004, pp. However, the high road density values species, in that it allows for continued 160–161). Grizzly bear habitat security and subsequently low levels of secure population expansion into adjacent is primarily achieved by managing habitat in these subunits is primarily areas of public land in the GYA, and motorized access which—(1) minimizes due to motorized access on private land therefore, provides additional ecological human interaction and reduces (U.S. Fish and Wildlife Service 2007, p. resiliency to respond to environmental potential grizzly bear mortality risk; (2) 145–152, Appendix G). The Gallatin change. Given this differential level of minimizes displacement from important National Forest is working on several importance, differential levels of habitat; (3) minimizes habituation to land exchange efforts with private management and protection (one humans; and (4) provides habitat where parties in these subunits. These land standard inside the PCA and another energetic requirements can be met with exchanges would allow management of standard for suitable habitat outside the limited disturbance from humans the roads on these private parcels and PCA) are justified. (Mattson et al. 1987, pp. 269–271; increase the secure habitat in these As noted above, we do not believe McLellan and Shackleton 1988, pp. subunits. All the above-mentioned that areas of unsuitable habitat: 458–459; McLellan 1989, pp. 1862– subunits on the Gallatin National Forest Contribute, in a meaningful way, to the 1864; Mace et al. 1996, pp. 1402–1403; have the potential for improvement in biological requirements of the species; Mattson et al. 1996, pp. 1014–1015). the long term. The timing and amount are of especially important historical Secure habitat is important to the of improvement will be determined value; represent unique habitats or other survival and reproductive success of through the Gallatin National Forest ecological features that provide adaptive grizzly bears, especially adult female travel management planning process opportunities that are of conservation grizzly bears (Mattson et al. 1987, p. (Gallatin National Forest 2006, pp. 82– importance to the species; or, are 270; Interagency Grizzly Bear 85). Improved levels of secure habitat as necessary to maintain genetic diversity. Committee 1994, p. 2). In the 1998 per the Gallatin National Forest travel Unsuitable habitat, by and large, baseline, secure habitat comprised 45.4 management plan will assure that the constitutes less-productive peripheral to 100 percent of the total area within habitat security will be maintained. habitat. Therefore, we believe a given subunit with an average of 85.6 The Gallatin Range Consolidation and unsuitable habitat, as defined in this percent throughout the entire PCA (U.S. Protection Act of 1993 (Pub. L 103–91) section above, is not ‘‘significant’’ to the Fish and Wildlife Service 2007, pp. and the Gallatin Range Consolidation conservation of the species and does not 133–144, Appendix F). These levels of Act of 1998 (Pub. L 105–267) will result constitute a significant portion of range. secure habitat have been successfully in trading timber for land in the Gallatin A lack of occupancy in unsuitable maintained and will continue to be No. 3 and Hilgard No. 1 subunits. The habitat will not impact whether this maintained and improved, where private land involved will become population is likely to become possible, as directed by the Strategy public land under the jurisdiction of the endangered within the foreseeable (U.S. Fish and Wildlife Service 2007, p. Gallatin National Forest. In order to future throughout all or a significant 135, Table 2 in Appendix F). Because of complete the exchange, access values in portion of its range. the positive effect that secure habitat these two subunits will temporarily Suitable Habitat Management within has on grizzly bear survival and decline below 1998 values. However, the Primary Conservation Area—As per reproduction, it is especially important upon completion of this sale and land

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exchange, secure habitat will increase allowed in either National Park and elk directly to some degree with grizzly and motorized access route density will hunting is only allowed in Grand Teton bears during late spring and early decrease in these subunits from the National Park. Elk hunters in Grand summer for desired foods such as 1998 baseline (U.S. Fish and Wildlife Teton National Park are required to grasses, sedges, and forbs (Jonkel 1980, Service 2007, pp. 133–144, Appendix carry bear pepper spray in an accessible p. 12), this is considered negligible to F). location. The number of elk hunter grizzly bear population dynamics. Due The Strategy also identified several visits in the PCA on National Forests to the higher prevalence of grizzly bear subunits within the boundaries of the has declined 26 percent from 1991 to conflicts associated with sheep grazing, Targhee National Forest within the PCA 2001 (USDA Forest Service 2006a, p. existing sheep allotments will be phased in need of improvement in terms of 186). Most conflicts between grizzly out as the opportunity arises with motorized access (Plateau No. 1, Plateau bears and people recreating in grizzly willing permittees (U.S. Fish and No. 2, and Henry’s Lake No. 1). The bear habitat can be avoided if proper I Wildlife Service 2007, p. 43). Strategy states that full implementation & E materials are received and used, A total of 100 livestock allotments of the access management changes in especially pertaining to food and carcass existed inside the PCA in 1998. Of these the revised 1997 Targhee Forest Plan storage, and therefore ensure the allotments, there were—69 active and would result in those subunits having Yellowstone DPS is not likely to become 13 vacant cattle allotments; and 11 acceptable levels of road densities and endangered in all or a significant active and 7 vacant sheep allotments secure habitat, due to the portion of its range within the with a total of 23,090 animal months decommissioning of roughly 697 km foreseeable future. (USDA Forest Service 2006a, p. 382). (433 mi) of roads within the PCA (U.S. Recreation in the GYA can be divided Sheep animal months are calculated by Fish and Wildlife Service 2007, pp. 43– into 6 basic categories based on season multiplying the permitted number of 44). As of 2005, the Targhee National of use (winter or all other seasons), animals by the permitted number of Forest completed this decommissioning mode of access (motorized or non- months. Any use of vacant allotments work (USDA Forest Service 2006a, pp. motorized), and level of development will only be permitted after an analysis 200–201). The 1998 baseline (U.S. Fish (developed or dispersed) (USDA Forest is completed to evaluate impacts on and Wildlife Service 2007, pp. 133–144, Service 2006a, p. 187). Inside the PCA, grizzly bears. Since 1998, the Caribou- Appendix F) for these subunits was the vast majority of lands available for Targhee National Forest has closed five modified to reflect these road closures. recreation are accessible through non- sheep allotments within the PCA while Henry’s Lake subunit No. 1 and No. 2 motorized travel only (USDA Forest the Shoshone National Forest has closed still have high levels of motorized Service 2006a, p. 179). Motorized two sheep allotments (USDA Forest access density and a low secure habitat recreation during the summer, spring, Service 2005, p. 50). This has resulted level due to motorized access routes on and fall inside the PCA will be limited in a reduction of 7,889 sheep animal private lands as well as county roads, to existing roads as per the standards in months under the total calculated for State and Federal highways, and roads the Strategy that restrict increases in 1998 within the PCA, and is a testament to special use sites (such as the Federal roads or motorized trails. Similarly, to the commitment land management Aviation Administration radar site on recreating at developed sites such as agencies have to the ongoing success of Sawtell Peak) that cannot be closed lodges, downhill ski areas, and the grizzly bear population in the GYA. (U.S. Fish and Wildlife Service 2007, campgrounds will be limited by the As of 2006, there are a total of two pp. 133–144, Appendix F). These levels developed sites’ habitat standard active sheep allotments within the PCA, of secure habitat do not constitute a described in the Strategy. The number both on the Targhee National Forest. threat to the grizzly bear population in and capacity of existing developed sites The permittee of the two allotments on all or a significant portion of its range. will not increase once delisting occurs. the Gallatin National Forest that were At least 3 million people visit and For a more complete discussion of active in 2005 when the Proposed rule recreate in the National Parks and projected increases in recreation in the was published, agreed to waive the National Forests of the GYA annually GYA National Forests, see the Final grazing permit back to the Gallatin (USDA Forest Service 2006a, pp. 176, Environmental Impact Statement for the National Forest without preference and 184). This volume of people in grizzly Forest Plan Amendment for Grizzly Bear these two sheep allotments were closed bear habitat presents a potential for Habitat Conservation for the GYA in 2006. The Gallatin National Forest grizzly bear/human conflicts, yet the National Forests (USDA Forest Service plans to close three other vacant average number of conflicts per year 2006a, pp. 176–189). allotments when they revise their between 1992 and 2004 was only 135 Habitat standards described in the current Forest Plan. This Forest Plan (Gunther et al. 2006, p. 58). Based on Strategy regarding livestock require that revision process is scheduled to be past trends, visitation and recreation are the number of commercial livestock completed by 2010 (USDA Forest expected to increase in the future. For allotments and permitted sheep animal Service 2005, p. 11). The mandatory instance, Yellowstone National Park has months within the PCA not increase restriction on creating new livestock shown an approximate 15 percent above 1998 levels (U.S. Fish and allotments and the voluntary phasing annual increase in the number of people Wildlife Service 2007, p. 43). Livestock out of livestock allotments with visiting each decade since the 1930s allotments, particularly sheep recurring conflicts further ensure that (USDA Forest Service 2006a, p. 183); allotments, decrease habitat security the PCA will continue to function as however, the number of people (i.e., habitat effectiveness) as grizzly source habitat. recreating in the backcountry there has bears occupying lands with sheep are The National Parks and National remained relatively constant from the more likely to come into conflict with Forests within the PCA will manage 1970s through 1999 (Gunther 2000, p. these sheep. This increase in encounters developed sites at 1998 levels within 48). Many grizzly bear/human conflicts between bears and livestock or their each bear management subunit, with with people recreating occur on human owners decreases survival rates some exceptions for administrative and National Forest lands and are related to of grizzly bears in areas of active sheep maintenance needs (U.S. Fish and hunting (Servheen et al. 2004, p. 21) allotments, as repeat depredators are Wildlife Service 2007, pp. 38–56). (also see our discussion under Factor C removed from the population. Although Developed sites refer to sites on public below). Black bear hunting is not sheep and cattle also can compete land developed or improved for human

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use or resource development. Examples would fit this criterion because there is proportional to the type and extent of include campgrounds, trailheads, no human occupancy, nor human the project (U.S. Fish and Wildlife lodges, summer homes, restaurants, attractants such as garbage or other Service 2007, p. 40–41). visitor centers, oil and gas exploratory potential food sources. However, Finally, we established a habitat wells, production wells, and work campgrounds, trailheads, lodges, effectiveness baseline by documenting camps. The primary concerns related to summer homes, restaurants, visitor habitat effectiveness values using the developed sites are direct mortality from centers, oil and gas exploratory wells, Cumulative Effects Model and 1998 bear/human encounters, food production wells, and work camps habitat data (U.S. Fish and Wildlife conditioning, and habituation of bears would not be considered acceptable. Service 2007, pp. 52–53). Habitat to humans (Mattson et al. 1987, p. 271). Inside the PCA, no changes in the 1998 effectiveness values reflect the relative Habituation occurs when grizzly bears baseline have occurred in terms of site amount of energy (derived from natural encounter humans or developed sites developments. The maintenance of the foods) that is available to grizzly bears frequently, and without negative number and capacity of developed sites given their response to human activities. consequences, so that the bears no at 1998 levels further protects this Important foods are key habitat-based longer avoid humans and areas of significant portion of the DPS’ range and criteria. The inverse relationship human activity (U.S. Fish and Wildlife ensures the Yellowstone DPS is not between whitebark pine cone Service 1993, p. 6). Habituation does not likely to become endangered in all or a production and grizzly conflicts in the necessarily involve human-related food significant portion of its range within Yellowstone Ecosystem has been sources. Food conditioning occurs when the foreseeable future. documented (Mattson et al. 1992, p. 436; Gunther et al. 1997, p. 38; Gunther grizzly bears receive human-related Management of oil, gas, and mining et al. 2004, pp. 13–14). However, the sources of food and thereafter seek out are tracked as part of the developed site relationship between other important humans and human use areas as feeding monitoring effort (U.S. Fish and foods such as spring ungulate carcasses, sites (U.S. Fish and Wildlife Service Wildlife Service 2007, p. 44). There cutworm moths, and cutthroat trout is 1993, p. 6). In areas of suitable habitat were no active oil and gas leases inside not as clear cut. Therefore, it is inside the PCA, the National Park the PCA as of 1998 (USDA Forest important to monitor foods and Service and the USDA Forest Service Service 2006a, p. 209). There are enforce food storage rules aimed at continue to relate major food abundance approximately 631 sq km (244 sq mi) of decreasing grizzly bear access to human to demographics and human/bear secure habitat potentially available for foods (U.S. Fish and Wildlife Service conflicts. Monitoring habitat timber projects and 243 sq km (94 sq mi) 2007, pp. 23–24). These regulations will effectiveness using the Cumulative of secure habitat that allows surface continue to be enforced and are in Effects Model is valuable in occupancy for oil and gas, projects effect, or proposed, for all currently understanding and maintaining within the PCA (USDA Forest Service occupied grizzly bear habitat within the important habitats for grizzly bears. The 2006a, Figures 48, 96). This comprises Yellowstone DPS boundaries (U.S. Fish Study Team will continue coordinating less than 4 percent of all suitable habitat and Wildlife Service 2007, pp. 23–24). with the National Forests and National Gunther (1994, pp. 558–559) noted within the PCA. Additionally, 1,354 Parks within the PCA to update and that grizzly bear management in mining claims existed in 10 of the evaluate habitat effectiveness against the Yellowstone National Park has shifted subunits inside the PCA (U.S. Fish and 1998 baseline. from problems involving food- Wildlife Service 2007, p.134, Appendix To establish the 1998 baseline for conditioned bears to problems involving F), but only 27 of these mining claims habitat effectiveness values, the USDA habituated (but not food-conditioned) had operating plans. These operating Forest Service calculated habitat bears seeking natural foods within plans are included in the 1998 effectiveness within each subunit for developed areas or along roadsides. developed site baseline. Under the four important bear seasons—spring New or expanded developed sites can conditions of the Strategy, any new (March 1 to May 15); estrus (May 16 to impact bears through temporary or project will be approved only if it July 15); early hyperphagia (July 16 to permanent habitat loss and conforms to secure habitat and August 31); and late hyperphagia displacement, increased length of time developed site standards (U.S. Fish and (September 1 to November 30) (U.S. of human use, increased human Wildlife Service 2007, pp. 44–45). For Fish and Wildlife Service 2007, pp. disturbance to surrounding areas, and, instance, any project that reduces the 133–144, Table 6 in Appendix F). High potentially unsecured bear attractants. amount of secure habitat permanently habitat effectiveness values during Developed sites on public lands are will have to provide replacement secure estrus are associated with cutthroat currently inventoried in existing GIS habitat of equivalent habitat quality (as trout spawning streams (U.S. Fish and databases and are input in the measured by the Cumulative Effects Wildlife Service 2007, p. 140). Yellowstone Grizzly Bear Cumulative Model or equivalent technology) and Similarly, high habitat effectiveness Effects Model. As of 1998, there were any change in developed sites will values during early hyperphagia and 598 developed sites on public land require mitigation equivalent to the type late hyperphagia are associated with within the PCA (USDA Forest Service and extent of the impact, and such moth aggregation sites and whitebark 2005, pp. 56–57). All changes in mitigation must be in place before pine, respectively (U.S. Fish and developed sites since 1998 have been project initiation or be provided Wildlife Service 2007, p. 140). Habitat evaluated against the baseline and have concurrently with project development effectiveness values also are directly been determined to be acceptable under as an integral part of the project plan influenced by the amount of secure the standard for developed sites (U.S. Fish and Wildlife Service 2007, p. habitat in a subunit. This combination identified in the Strategy (U.S. Fish and 40–41). For projects that temporarily of the distribution and abundance of Wildlife Service 2007, pp. 44–45). For a change the amount of secure habitat, natural foods and the distribution and new developed site to be determined only one project is allowed in any abundance of human activities produces acceptable, it must be demonstrated that subunit at any time (U.S. Fish and relative values indicative of how it will have no effect on grizzly bears Wildlife Service 2007, pp. 40–41). effective a certain subunit is at (U.S. Fish and Wildlife Service 2007, Mitigation of any project will occur supporting grizzly bear growth, pp. 42). For example, a cell phone tower within the same subunit and will be reproduction, and survival (U.S. Fish

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and Wildlife Service 2007, p. 140). As subunit by regular application of the 2002, pp. 2–3; MTFWP 2002, p. 2; such, values varied widely among Cumulative Effects Model or the best WGFD 2005, p. 1; USDA Forest Service seasons and across seasons within available system, and compare outputs 2006a, pp. 44–45; U.S. Fish and Wildlife subunits (U.S. Fish and Wildlife Service to the 1998 baseline. These databases Service 2007, p. 5). Factors impacting 2007, p 141, Table 6 in Appendix F). incorporate information regarding suitable habitat outside of the PCA in Because the National Park Service and vegetation, the abundance and the future may include increased road the USDA Forest Service have not distribution of the four major bear foods, densities, livestock allotments, changed levels of road densities, secure location, duration, and intensity of use developed sites, human presence, and habitat, developed sites, or livestock for motorized access routes, non- habitat fragmentation. Both Federal and allotments except to improve upon the motorized access routes, developed State agencies are committed to 1998 baseline, the 1998 habitat sites, and front-country and back- managing habitat so that the measures of effectiveness values remain applicable. country dispersed uses. The Study the Act are not required to assure the Regardless of habitat effectiveness Team will review Cumulative Effects Yellowstone grizzly bear DPS is not values, the Yellowstone grizzly bear Model databases annually to refine and likely to become endangered in all or a population has continued to grow and verify Cumulative Effects Model significant portion of its range in the expand in distribution (Harris et al. assumptions and update them as needed foreseeable future (U.S. Fish and 2006, p. 48; Schwartz et al. 2006b, pp. to reflect changes in intensity or Wildlife Service 2007, pp. 12–85; 64–66). Upon delisting, the USDA duration of human use. The Idaho’s Yellowstone Grizzly Bear Forest Service will measure changes in Coordinating Committee may review Delisting Advisory Team 2002, pp. 2–3; seasonal habitat effectiveness values in and revise habitat standards based on each Bear Management Unit and the best available science, after MTFWP 2002, p. 2; WGFD 2005, p. 1) subunit by regular application of the appropriate public processes have been (see Factor D below). In suitable habitat Cumulative Effects Model or best conducted by the affected land outside of the PCA, restrictions on available system and compare outputs management agencies. human activities are more flexible but with the 1998 baseline values (U.S. Fish To prevent habitat fragmentation and still the USDA Forest Service, BLM, and and Wildlife Service 2007, pp. 52–53). degradation, the Strategy requires that State wildlife agencies will carefully The Cumulative Effects Model provides all road construction projects in suitable manage these lands, monitor bear/ a relative index of habitat change over habitat on Federal lands throughout the human conflicts in these areas, and time and how it has increased or entire GYA (both inside and outside of respond with management as necessary decreased since 1998. The Cumulative the PCA) evaluate the impacts of the to reduce such conflicts to account for Effects Model databases will be project on grizzly habitat connectivity the complex needs of both grizzly bears reviewed annually and updated as during the NEPA process (U.S. Fish and and humans (U.S. Fish and Wildlife needed (U.S. Fish and Wildlife Service Wildlife Service 2007, pp. 38–39). By Service 2007, p. 58; Idaho’s Yellowstone 2007, pp. 52–53). identifying areas used by grizzly bears, Grizzly Bear Delisting Advisory Team The Strategy calls for maintaining or officials can mitigate potential impacts 2002, pp. 16–17; MTFWP 2002, pp. 55– improving the existing habitat from road construction both during and 56; WGFD 2005, pp. 25–26; USDA effectiveness values in secure habitat in after a project. Federal agencies will Forest Service 2006b, pp. A1–A27). each subunit but recognizes that they identify important crossing areas by Currently, there are 22,783 sq km change annually and seasonally due to collecting information about known (8,797 sq mi) of suitable habitat outside natural processes such a wildfire and bear crossings, bear sightings, ungulate of the PCA within the DPS boundaries natural variations (U.S. Fish and road mortality data, bear home range (see Figure 1 above). Of this, 17,292 sq Wildlife Service 2007, pp. 52–53). The analyses, and locations of game trails. km (6,676 sq mi) are on National Forest best way to maintain existing habitat Potential advantages of this requirement lands. About 10 to 16 percent of the effectiveness values is to manage include reduction of grizzly bear population of female grizzly bears with motorized access and developed sites, mortality due to vehicle collisions, cubs occurs outside the PCA (Schwartz as described in the Strategy. Private access to seasonal habitats, maintenance et al. 2006b, pp. 64–66). Management land development also will be of traditional dispersal routes, and decisions on USDA Forest Service lands monitored and linked to numbers of decreased fragmentation of individual will continue to consider potential human-bear conflicts, causes of human- home ranges. For example, work crews bear conflicts, and distribution of will place temporary work camps in impacts on grizzly bear habitat and will human-bear conflicts so as to direct areas with lower risk of displacing be managed so as to maintain the habitat management efforts to improve food grizzly bears, and food and garbage will conditions necessary to support a supply and minimize bear/human be kept in bear-proof containers. recovered grizzly bear population conflicts in such areas. Highway planners will incorporate (USDA Forest Service 2006b, p. 26). Within the PCA, each National Forest warning signs and crossing structures Approximately 79 percent of suitable and National Park will monitor such as culverts or underpasses into habitat outside the PCA on National adherence to the secure habitat, projects when possible to facilitate safe Forest lands within the DPS is currently developed site, and livestock standards highway crossings by wildlife. designated a Wilderness Area (6,799 sq inside the PCA, as established by the ‘‘Suitable Habitat’’ Management km (2,625 sq mi)), a Wilderness Study Strategy (U.S. Fish and Wildlife Service Outside the Primary Conservation Area (708 sq km (273 sq mi)), or an 2007, p. 64). The Study Team will Area—In suitable habitat outside of the Inventoried Roadless Area (6,179 sq km monitor habitat effectiveness and track PCA within the DPS, the USDA Forest (2,386 sq mi). The amount of designated any changes to the habitat from fire, Service, BLM, and State wildlife Wilderness Area, Wilderness Study insects, and disease, and other human agencies will monitor habitat and Area, and Inventoried Roadless Area activities not measured by the habitat population criteria to prevent potential within each National Forest ranges from standard monitoring efforts. The threats to habitat, ensuring that the 56 to 90 percent, depending upon the agencies will measure changes in measures of the Act continue to be forest. This large area of widely seasonal habitat value and effectiveness unnecessary (Idaho’s Yellowstone distributed habitat allows for continued in each bear management unit and Grizzly Bear Delisting Advisory Team population expansion and provides

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additional resiliency to environmental The 2001 Roadless Areas Conservation In suitable habitat outside the PCA change. Rule prohibits road construction, road within the DPS boundaries, there are Wilderness areas outside of the PCA re-construction, and timber harvest in roughly 150 active cattle allotments and are considered secure because they are Inventoried Roadless Areas (66 FR 12 active sheep allotments (USDA protected from new road construction 3244–3273, January 12, 2001). This Forest Service 2004, p. 129). The by Federal legislation. In addition to restriction on road building makes Targhee Forest closed two of these restrictions on road construction, the mining activities and oil and gas sheep allotments in 2004 (USDA Forest Wilderness Act of 1964 (Pub. L. 88–577) production much less likely because Service 2006a, p. 168). The USDA also protects designated wilderness access to these resources becomes cost- Forest Service will allow these from permanent human habitation and prohibitive or impossible without new allotments within suitable habitat to increases in developed sites. The roads. Potential changes in the persist along with other existing Wilderness Act allows livestock management of these areas are not livestock allotments outside of suitable allotments existing before the passage of anticipated, but are discussed further habitat. Although conflicts with the Wilderness Act and mining claims under Factor D. livestock have the potential to result in staked before January 1, 1984, to persist An estimated 7,195 sq km (2,778 sq mortality for grizzly bears, the Strategy within wilderness areas, but no new mi) of suitable habitat outside the PCA will prevent mortality from exceeding grazing permits or mining claims can be on USDA Forest Service lands within established sustainable mortality limits established after these dates. If pre- the DPS could experience permanent or and preclude population level impacts. existing mining claims are pursued, the temporary changes in road densities. The Strategy directs the Study Team to plans of operation are subject to Because grizzly bears will remain on the monitor and spatially map all grizzly Wilderness Act restrictions on road USDA Forest Service Sensitive Species bear mortalities (both inside and outside construction, permanent human list after delisting and will be classified the PCA), causes of death, the source of habitation, and developed sites. as a ‘‘species of concern’’ (USDA Forest the problem, and alter management to Wilderness study areas are designated Service 2006b, p. 26) under the 2005 maintain a recovered population and by Federal land management agencies USDA Forest Service Planning prevent the need to relist the population (e.g., USDA Forest Service) as those Regulations, any increases in roads on under the Act (U.S. Fish and Wildlife having wilderness characteristics and National Forests would have to comply Service 2007, pp. 31–34). being worthy of congressional with National Forest Management Act There are over 500 developed sites on designation as a wilderness area. the 6 National Forests in the areas and be subject to the NEPA process Individual National Forests that identified as suitable habitat outside the considering potential impacts to grizzly designate wilderness study areas PCA within the DPS boundaries (USDA bears. manage these areas to maintain their Forest Service 2004, p. 138). Grizzly wilderness characteristics until Importantly, all three State grizzly bear/human conflicts at developed sites Congress decides whether to designate bear management plans recognize the are the most frequent reason for them as permanent wilderness areas. importance of areas that provide management removals (Servheen et al. This means that individual wilderness security for grizzly bears in suitable 2004, p. 21). Existing USDA Forest study areas are protected from new road habitat outside of the PCA within the Service food storage regulations for construction by Forest Plans. As such, DPS boundaries on Federal lands. these areas will continue to minimize they are safeguarded from decreases in Although State management plans apply the potential for grizzly bear/human grizzly bear security. Furthermore, to all suitable habitat outside of the conflicts through food storage activities such as timber harvest, PCA, habitat management on public requirements, outreach, and education. mining, and oil and gas development lands is directed by Federal land The number and capacity of developed are much less likely to occur because management plans, not State sites will be subject to management the road networks required for these management plans. The Montana and direction established in Forest Plans. activities are unavailable. However, Wyoming plans recommend limiting Should the Study Team determine because these lands are not average road densities to 1.6 km/2.6 sq developed sites are related to increases congressionally protected, they could km (1 mi/sq mi) or less in these areas in mortality beyond the sustainable experience changes in management (MTFWP 2002, pp. 32–34; WGFD 2005, limits discussed above, they may prescription with Forest Plan revisions. pp. 22–25). Both States have similar recommend closing specific developed Inventoried Roadless Areas currently standards for elk habitat on State lands sites or otherwise altering management provide 4,891 sq km (1,888 sq mi) of and note that these levels of motorized in the area in order to maintain a secure habitat for grizzly bears outside access benefit a variety of wildlife recovered population and prevent the of the PCA within the DPS boundaries. species while maintaining reasonable need to relist the population under the A USDA Forest Service Interim public access. Similarly, the Idaho State Act. Due to the USDA Forest Service’s Directive (69 FR 42648, July 16, 2004) plan recognizes that management of commitment to manage National Forest which instructs National Forests to motorized access outside the PCA lands in the GYA such that a viable preserve the ‘‘roadless characteristics’’ should focus on areas that have road grizzly bear population is maintained of roadless areas remained in effect until densities of 1.6 km/2.6 sq km (1 mi/sq (U.S. Fish and Wildlife Service 2007, November 2006. In September 2006, a mi) or less. The area most likely to be pp. 42–43; USDA Forest Service 2006b, Federal court remanded the 2005 State occupied by grizzly bears outside the pp. iii, A–6), we do not expect livestock Petitions for Inventoried Roadless Area PCA in Idaho is on the Caribou-Targhee allotments or developed sites in suitable Management Rule (70 FR 25653–25662, National Forest. The 1997 Targhee habitat outside of the PCA to reach May 13, 2005) and reinstated the 2001 Forest Plan includes motorized access densities that are likely to threaten the Roadless Areas Conservation Rule (66 standards and prescriptions outside the Yellowstone DPS in all or a significant FR 3244–3273, January 12, 2001) (see PCA with management prescriptions portion of its range in the foreseeable Factor D below for a more complete that provide for long-term security in 59 future. discussion of this court decision and the percent of existing secure habitat Less than 19 percent (3,213 sq km two different Federal Rules issued outside of the PCA (USDA Forest (1,240 sq mi)) of suitable habitat outside regarding Roadless Area Management). Service 2006a, pp. 78, 109). the PCA within the DPS boundaries on

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USDA Forest Service land allows 1600), considering all potential impacts National Park Service, and USDA Forest surface occupancy for oil and gas to the Yellowstone grizzly bear Service biologists and technicians will development and 11 percent (1,926 sq population and its habitat. monitor the availability and abundance km (744 sq mi)) has both suitable timber Rapidly accelerating growth of human of the four major foods, and of habitat and a management prescription that populations in some areas in grizzly value and habitat effectiveness using the allows scheduled timber harvest. The bear habitat within the DPS boundaries Cumulative Effects Model or other primary impacts to grizzly bears but outside of the PCA continues to appropriate methods (U.S. Fish and associated with timber harvest and oil define the limits of grizzly habitat, and Wildlife Service 2007, pp. 45–52). The and gas development are increases in will likely limit the expansion of the Coordinating Committee will respond to road densities, with subsequent Yellowstone grizzly bear population these monitoring data with adaptive increases in human access, grizzly bear/ onto private lands in some areas outside management (Holling 1978, pp. 11–16) human encounters, and human-caused the PCA. Urban and rural sprawl (low- as per the Strategy (U.S. Fish and grizzly bear mortalities (McLellan and density housing and associated Wildlife Service 2007, pp. 63–64). Shackleton 1988, pp. 458–459; businesses) has resulted in increasing Accordingly, the PCA, which comprises McLellan and Shackleton 1989, pp. numbers of grizzly bear/human conflicts 51 percent of the suitable habitat within 377–379; Mace et al. 1996, pp. 1402– with subsequent increases in grizzly the DPS boundaries and is occupied by 1403). Although seismic exploration bear mortality rates. Private lands 84 to 90 percent of all females with cubs associated with oil and gas development account for a disproportionate number (Schwartz et al. 2006b, p. 64), will be a or mining may disturb denning grizzly of bear deaths and conflicts (see Figures highly secure area for grizzlies upon bears (Harding and Nagy 1980, p. 278; 15 and 16 in the Strategy). Nearly 9 delisting, with habitat conditions Reynolds et al. 1986, pp. 174–175), percent of all suitable habitat outside of maintained at or above levels actual den abandonment is rarely the PCA is privately owned. As private documented in 1998. Maintenance of observed, and there has been no lands are developed and as secure this portion of the range, as described documentation of such abandonment by habitat on private lands declines, State above, will satisfy the habitat grizzly bears in the GYA. Additionally, and Federal agencies will work together requirements of the species relative the only a small portion of this total land to balance impacts from private land Yellowstone grizzly bear DPS’s area will contain active projects at any development (U.S. Fish and Wildlife biological demands and is sufficient to given time, if at all. For example, among Service 2007, p. 54). Outside the PCA, support a recovered grizzly bear the roughly 1,926 sq km (744 sq mi) State agencies will assist non- population. identified as having both suitable timber government organizations and other Suitable habitat outside the PCA is and a management prescription that entities to identify and prioritize also significant, albeit to a lesser extent, allows timber harvest, from 2000 to potential lands suitable for permanent in that it allows for continued 2002, an average of only 5 sq km (2 sq conservation through easements and population expansion into adjacent mi) was actually logged annually (USDA other means as possible (U.S. Fish and areas of public land in the GYA, and Forest Service 2004, p. 118). Similarly, Wildlife Service 2007, p. 54). Due to the therefore, provides additional ecological although nearly 3,213 sq km (1,240 sq large areas of widely distributed suitable resiliency to respond to environmental mi) of suitable habitat on National habitat on public lands managed by change. These areas will be carefully Forest lands allow surface occupancy agencies committed to the maintenance monitored and managed to ensure that of a recovered grizzly bear population, the measures of the Act are not again for oil and gas development, there human population growth on private required. Management in this area will currently are no active wells inside lands is not likely to endanger the provide for the complex needs of both these areas (USDA Forest Service 2004, Yellowstone DPS in all or a significant grizzly bears and humans. In suitable pp. 170–171). portion of its range in the foreseeable habitat outside the PCA on USDA Forest Ultimately, the six affected National future. Service lands, 74 percent (12,860 sq km Forests (the Beaverhead-Deerlodge, Summary of Factor A—In summary, or 4,965 sq mi) is currently secure Bridger-Teton, Caribou-Targhee, Custer, the primary factors related to past habitat, 68 percent of which (8,737 sq Gallatin, and Shoshone) will manage the habitat destruction and modification km or 3,373 sq mi) is likely to remain number of roads, livestock allotments, have been directly addressed through secure. Areas outside the PCA contain developed sites, timber harvest projects, changes in management practices. 10 to 16 percent of GYA’s females with and oil and gas wells outside of the PCA Within suitable habitat, differential cubs (Schwartz et al. 2006b, p. 64). in suitable habitat to allow for a viable levels of management and protection Management of public land outside the grizzly bear population and ensure that (one standard inside the PCA and PCA administered by State and Federal the Yellowstone DPS is not likely to another standard for suitable habitat agencies also will continue to consider become endangered in all or a outside the PCA) are applied to areas potential impacts of management significant portion of its range within based on their level of importance. decisions on grizzly bear habitat. Efforts the foreseeable future. Because the Within the PCA, the most significant by non-government organizations and grizzly bear will be classified as a portion of the range where 84 to 90 State and county agencies will seek to sensitive species (or a species of percent of the females with cubs live minimize bear/human conflicts on concern when Forest Management Plans (Schwartz et al. 2006b, p. 66), private lands (U.S. Fish and Wildlife are again revised using the 2005 USDA comprehensive protections are in place. Service 2007, pp. 54, 57–59). These and Forest Service planning regulations and For this area, the Service developed other conservation measures discussed the USDA Forest Service Manual), land objective and measurable habitat criteria in this final rule will allow for management activities will be managed concerning secure habitat, human site continued population expansion so that so as to a provide for the needs of a developments, and livestock allotments grizzly bears will likely occupy the recovered population. Any road which will be habitat requirements on remainder of the suitable habitat within construction, timber harvest, or oil and public lands once this final rule the DPS within the foreseeable future. gas projects would require compliance becomes effective (U.S. Fish and A total of 88 percent of all suitable with the NEPA and the National Forest Wildlife Service 2007, pp. 39–45). In habitat within the DPS boundaries Management Act of 1976 (15 U.S.C. addition, the Study Team, State, (40,293 sq km (15,557 sq mi)) is

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managed by the USDA Forest Service or in all or a significant portion of its range and Aumiller 1994, pp. 332–335; National Park Service. These public by this discretionary mortality source. McLellan 1994, p. 15; Schwartz et al. lands are already managed, and will Significant take for educational 2003b, pp. 571–572). This type of continue to be managed, such that purposes is not anticipated. Mortality intraspecific killing seems to occur adequate habitat for the Yellowstone due to illegal poaching, defense of life rarely (Stringham 1980, p. 337) and has grizzly bear population is maintained and property, mistaken identity or other only been observed among Yellowstone (U.S. Fish and Wildlife Service 2007, accidental take, and management grizzly bears in the GYA 14 times pp. 38–56; USDA Forest Service 2006b, removals are discussed under Factor C between 1986 and 2004 (Haroldson pp. 4–7, 26). Significant areas of the below. 2005). Wolves and grizzly bears often suitable habitat outside the PCA are Between 1980 and 1982, three scavenge similar types of carrion and, designated as wilderness where human accidental trap mortalities were sometimes, will interact with each other development actions are prohibited. For associated with scientific research in an aggressive manner. From 1995 example, 2,948 sq km (1,138 sq mi) of (Servheen et al. 2004, p. 21). Since 1982, through 2003, Gunther and Smith (2004, the Wind River Range including almost there has not been a single capture pp. 233–236) documented 96 wolf- all of the high elevation whitebark pine mortality associated with research grizzly bear interactions and 2 incidents stands are in designated Wilderness trapping in the GYA spanning more in which wolf packs likely killed grizzly Areas. Habitat and population standards than 468 grizzly bear captures (Servheen bear cubs. Overall, these types of described in the Strategy have been et al. 2004, p. 21). Because of rigorous aggressive interactions among grizzly incorporated into National Park protocols dictating proper bear capture, bears or with other wildlife are rare and Compendiums and National Forest Land handling, and drugging techniques used are likely to remain an insignificant Management Plans (Yellowstone today, this type of scientific factor in population dynamics into the National Park 2006, p. 12; Grand Teton overutilization is not a threat to the foreseeable future. National Park, p. 1; USDA Forest Yellowstone grizzly bear population. Human Predation—Humans have Service 2006b, pp. 4–7, 26) (see Factor The Study Team, bear biologists, and historically been the most effective D below). Collectively, these differential researchers will continue implementing predators of grizzly bears. Excessive levels of management and protection these protocols after delisting. human-caused mortality is one of the (one standard inside the PCA and Therefore, mortalities associated with major contributing factors to grizzly bear another standard for suitable habitat scientific research are likely to remain decline during the nineteenth and outside the PCA) guarantee appropriate an insignificant factor in population twentieth centuries (Leopold 1967, p. protective measures for each part of the dynamics into the foreseeable future. 30; Koford 1969, p. 95; Servheen 1990, p. 1; Servheen 1999, pp. 50–52; Mattson significant portion of range. C. Disease or Predation Therefore, the lack of present or and Merrill 2002, pp. 1129, 1132; threatened destruction, modification, or Disease—Although grizzly bears have Schwartz et al. 2003b, p. 571), curtailment of the Yellowstone DPS’s been documented with a variety of eventually leading to their listing as a habitat and range ensures this species is bacteria and other pathogens, parasites, threatened species in 1975. Grizzlies not likely to become endangered within and disease, fatalities are uncommon were seen as a threat to livestock and to the foreseeable future in all or a (LeFranc et al. 1987, p. 61) and do not humans and, therefore, an impediment significant portion of its range. No appear to have population-level impacts to westward expansion. The Federal current or foreseeable threats to habitat on grizzly bears (Jonkel and Cowan government, as well as many of the or range imperil the recovered status of 1971, pp. 31–32; Mundy and Flook early settlers in grizzly bear country, the Yellowstone DPS. And all areas 1973, p. 13; Rogers and Rogers 1976, p. was dedicated to eradicating large necessary for maintaining a recovered 423). Researchers have demonstrated predators. Grizzly bears were shot, population are adequately safeguarded that some grizzly bears have been poisoned, and killed wherever humans so that this population no longer documented with brucellosis (type 4), encountered them (Servheen 1999, p. requires the measures of the Act to clostridium, toxoplasmosis, canine 50). By the time grizzlies were listed protect habitat or range. distemper, canine parvovirus, canine under the Act in 1975, there were only hepatitis, and rabies (LeFranc et al. a few hundred grizzly bears remaining B. Overutilization for Commercial, 1987, p. 61; Zarnke and Evans 1989, p. in the lower 48 States in less than 2 Recreational, Scientific, or Educational 586; Marsilio et al. 1997, p. 304; Zarnke percent of their former range (U.S. Fish Purposes et al. 1997, p. 474). However, based on and Wildlife Service 1993, pp. 8–12). No grizzly bears have been legally 30 years of research by the Study Team, From 1973 to 2002, a total of 372 removed from the GYA in the last 30 natural mortalities in the wild are rare known grizzly bear deaths occurred in years for commercial, recreational, or (Interagency Grizzly Bear Study Team the GYA (Haroldson and Frey 2003, p. educational purposes. The only 2005, pp. 34–35) and it is likely that 27). Of these, 272 (73 percent of total) commercial or recreational take mortalities due to any of these bacteria were human-caused (Haroldson and anticipated post-delisting is a limited, or pathogens are negligible components Frey 2003, p. 27). Since 1975, levels of controlled hunt. The States will manage of total mortality in the GYA. Disease is human-caused mortality have remained grizzly bears as a game animal, not common in grizzly bears, and has relatively constant (Servheen et al. potentially with a carefully regulated only very rarely been documented in 2004, p. 15). Although humans have hunt (for a more detailed discussion, see Yellowstone grizzly bears (Craighead et been and remain the single greatest the State Management Plans section al. 1988, p. 11). Disease is likely to cause of mortality for grizzly bears under Factor D below). Should such a remain an insignificant factor in (McLellan et al. 1999, pp. 914–916; season be implemented, all hunting population dynamics into the Servheen et al. 2004, p. 21), rates of mortalities will be counted toward the foreseeable future. human-caused mortality have been low ecosystem-wide mortality limits for the Natural Predation—Grizzly bears are enough to allow Yellowstone bear population and will be strictly occasionally killed by other wildlife. population growth and range expansion controlled to assure that mortality limits Adult grizzly bears kill cubs, sub-adults, (Harris et al. 2006, p. 48; Schwartz et al. are not exceeded and the Yellowstone or other adults (Stringham 1980, p. 337; 2006b, pp. 64–66). Implementation of DPS is not likely to become endangered Dean et al. 1986, pp. 208–211; Hessing the revised mortality limits ensure that

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mortality will continue to be managed at (Servheen et al. 2004, p. 27). To address 2007, pp. 61–62). Beginning in license sustainable levels. Below we consider the concerns of user groups who have year 2002, the State of Montana required human predation impacts including objections to land use restrictions that that all black bear hunters pass a Bear illegal poaching, defense of life and accommodate grizzly bears, Federal and Identification Test before receiving a property, accidental mortality, and State agencies market the benefits of black bear hunting license (see http:// management removals. restricting motorized access to multiple fwp.state.mt.us/bearid/ for more We define vandal killing as poaching, species. For example, both Montana and information and details). In addition, which is malicious, illegal killing of a Wyoming have recommendations for elk Montana and Wyoming include grizzly grizzly bears. People may kill grizzly habitat security similar to those for bear encounter management as a core bears for several reasons, including a grizzly bears (less than 1.6 km/2.6 sq km subject in basic hunter education general perception that grizzly bears in (1 mi/sq mi)) and this level of motorized courses (WGFD 2005, p. 34; MTFWP the area may be dangerous, frustration access meets the needs of a variety of 2002, p. 63). over depredations of livestock, or to wildlife species, while maintaining Big-game hunters in the GYA are protest land use and road use reasonable opportunities for public another source of mortality for grizzly restrictions associated with grizzly bear access. To address the concerns of bears. Between 1980 and 2002, 71 habitat management (Servheen et al. citizens who feel that grizzly bears are percent (35 of 49) of grizzly bears killed 2004, p. 21). Regardless of the reason, a threat to their safety or their lifestyle, in self defense were hunting-related poaching continues to occur. We are I & E programs aim to change (Servheen et al. 2004, p. 21). These aware of at least 27 vandal killings in perspectives on the danger and behavior deaths occur during surprise encounters the GYA between 1980 and 2002 of grizzly bears (for a detailed in heavy cover, at hunter-killed (Servheen et al. 2004, p. 21). Although discussion of I & E programs, see Factor carcasses or gut piles, or when packing this level of take occurred during a E below). out carcasses. Elk hunters in Grand period where poaching was enforceable From 1980 to 2002, humans killed 49 Teton National Park are required to by Federal prosecution, we do not grizzly bears in self-defense or defense carry pepper spray in an accessible expect vandal killing to significantly of others. This constituted nearly 17 location (WGFD 2006). increase after delisting. percent of known grizzly bear The last source of human predation State and Federal law enforcement mortalities during this time period on grizzly bears is associated with agents have cooperated to ensure (Servheen et al. 2004, p. 21). These management removal of nuisance bears consistent enforcement of laws grizzly bear/human conflicts occurred following grizzly bear/human conflicts. protecting grizzly bears. Currently, State primarily over livestock or hunter-killed Effective nuisance bear management and Federal prosecutors and carcasses, but also at camp and home benefits the conservation of the enforcement personnel from each State sites. Federal and State agencies have Yellowstone grizzly bear population by and Federal jurisdiction work together many options to potentially reduce promoting tolerance of grizzly bears and to make recommendations to all these conflicts (Servheen et al. 2004, p. minimizing illegal killing of bears by jurisdictions, counties, and States, on 27). By promoting the use of pepper citizens. The Strategy and the State uniform enforcement, prosecution, and spray and continuing current I & E grizzly bear management plans will sentencing relating to illegal grizzly bear programs, many of these grizzly bear guide nuisance bear management post- kills. Upon delisting, all three affected deaths may be avoided. delisting. The Strategy is consistent States will classify grizzly bears of the Humans kill grizzly bears with current protocol as described in Yellowstone population as game unintentionally with vehicles or by the Guidelines (USDA Forest Service animals, which cannot be taken without mistaking them for other species when 1986, pp. 53–54), emphasizing the authorization by State wildlife agencies hunting. From 1980 to 2002, the individual’s importance to the entire (U.S. Fish and Wildlife Service 2007, Yellowstone grizzly bear population population, with females continuing to pp. 72–75; Idaho’s Yellowstone Grizzly incurred 9 mortalities from roadkills receive a higher level of protection than Bear Delisting Advisory Team 2002, pp. and 13 mortalities associated with males. Location, cause of incident, 18–21; MTFWP 2002, p. 2; WGFD 2005, mistaken identification (totaling 9 severity of incident, history of the bear, p. 20). In other words, it will still be percent of known mortality for this time health, age, and sex of the bear, and illegal for private citizens to kill grizzly period) (Servheen et al. 2004, p. 21). demographic characteristics are all bears unless it is in self defense, they Measures to reduce vehicle collisions considered in any relocation or removal have a hunting license issued by State with grizzly bears include removing action. Upon delisting, State and wildlife agencies, or in the Montana roadkill carcasses from the road so that National Park Service bear managers portion of the DPS, if a grizzly bear is grizzly bears are not attracted to the would continue to consult with each caught in the act of attacking or killing roadside (Servheen et al. 2004, p. 28). other and other relevant Federal livestock (87–3–130 MCA). States will Cost-effective mitigation efforts to agencies (i.e., USDA Forest Service, continue to enforce, prosecute, and facilitate safe crossings by wildlife will BLM) before any nuisance bear sentence poachers just as they do for be voluntarily incorporated in road management decision is made, but any game animal such as elk, black construction or reconstruction projects consultation with us will no longer be bears, and cougars. Although it is on Federal lands within suitable grizzly required. The Strategy emphasizes widely recognized that poaching still bear habitat. removal of the human cause of the occurs, this illegal source of mortality is Mistaken identification of grizzly conflict when possible, or management not significant enough to hinder the bears by black bear hunters is a and education actions to limit such continuing growth and range expansion manageable source of mortality. The conflicts (U.S. Fish and Wildlife Service of the Yellowstone grizzly bear Strategy identifies I & E programs 2007. pp. 57–60). In addition, an I & E population (Pyare et al. 2004, pp. 5–6; targeted at hunters that emphasize team will continue to coordinate the Schwartz et al. 2002, p. 203). patience, awareness, and correct development, implementation, and One way to address vandal killing is identification of targets to help reduce dissemination of programs and to change human values, perceptions, grizzly bear mortalities from materials to aid in preventative and beliefs about grizzly bears and inexperienced black bear and ungulate management of human/bear conflicts. Federal regulation of public lands hunters (U.S. Fish and Wildlife Service The Strategy recognizes that successful

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management of grizzly bear/human during their Environmental Impact Disease and natural predation are not conflicts requires an integrated, Statement process to amend the six currently a threat, nor are they likely to multiple-agency approach to continue to national forest plans for grizzly bear become a threat to the Yellowstone DPS keep human-caused grizzly bear habitat conservation includes direction in the foreseeable future in all or a mortality within sustainable levels. to resolve recurring conflicts on significant portion of its range. The largest increase in grizzly bear livestock allotments through retirement Although humans are still directly or mortalities since 1994 is related to of those allotments with willing indirectly responsible for the majority of grizzly bear/human conflicts at or near permittees (USDA Forest Service 2006b, grizzly bear deaths in suitable habitat developed sites (Servheen et al. 2004, p. pp. 16–17). Livestock grazing permits within the DPS boundaries, we have 21). In fact, 20 percent (59 of 290) of include special provisions regarding learned that this source of mortality can known mortalities between 1980 and reporting of conflicts, proper food and be effectively controlled through 2002 were related to site conflicts attractant storage procedures, and management and I & E. (Servheen et al. 2004, p. 21). These carcass removal. The USDA Forest We have institutionalized careful conflicts involved food-conditioned Service monitors compliance to these management and monitoring of human- bears actively seeking out human special provisions associated with caused mortality in the Strategy, Forest sources of food or bears that are livestock allotments annually (Servheen Plans, National Park management plans, habituated to human presence seeking et al. 2004, p. 28). Upon delisting, the and State grizzly bear management natural sources of food in areas that are USDA Forest Service will continue to plans (see Factor D below). In addition, near human structures or roads. The implement these measures that we revised our methodology for increase in site conflicts during the last minimize grizzly bear conflicts with calculating the total allowable mortality decade is likely due to a combination of livestock. The Strategy also recognizes limits (see the Recovery; Population and encroaching human presence coinciding that active management of individual Demographic Management section with an increasing and expanding nuisance bears is required. Removal of above) to include natural mortalities grizzly bear population. These conflicts repeat depredators of livestock has been and estimates of unreported/undetected usually involve attractants such as an effective tool for managing grizzly deaths, so that mortality in the garbage, human foods, pet/livestock/ bear/livestock conflicts as most Yellowstone grizzly bear population can wildlife foods, livestock carcasses, and depredations are done by a few be managed at sustainable levels. wildlife carcasses, but also are related to individuals (Jonkel 1980, p. 12; Knight Because of these actions, human sources attitudes and personal levels of and Judd 1983, p.188; Anderson et al. of mortality are not currently a threat, knowledge and tolerance toward grizzly 2002, pp. 252–253). nor are they likely to become a threat in bears. Both State and Federal I & E The Study Team coordinates an the foreseeable future in all or a programs are aimed primarily at annual analysis of the causes of significant portion of the Yellowstone reducing grizzly bear/human conflicts conflicts, known and probable DPS’s range. All significant areas are proactively by educating the public mortalities, and proposed management adequately protected. about potential grizzly bear attractants. solutions (Servheen et al. 2004, pp. 1– D. The Inadequacy of Existing Accordingly, roughly 68 percent of the 29). The Yellowstone Ecosystem Regulatory Mechanisms total budgets of the agencies responsible Subcommittee reviews these reports and for implementing the Strategy and initiates appropriate action if The lack of regulatory mechanisms to managing the Yellowstone grizzly bear improvements in Federal or State control take and protect habitat was a DPS post-delisting is for grizzly bear/ management actions can minimize contributing factor to grizzly bear human conflict management, outreach, conflicts. As directed by the Strategy, population declines (40 FR 31734– and education (U.S. Fish and Wildlife upon delisting, the Study Team will 31736, July 28, 1975). Upon listing Service 2007, Appendix H, p. 154). To continue to summarize nuisance bear under the Act, the grizzly bear address public attitudes and knowledge control actions in their Annual Reports immediately benefited from a Federal levels, I & E programs will present and the Coordinating Committee will regulatory framework that included grizzly bears as a valuable public continue with their review (U.S. Fish prohibition of take (defined under the resource while acknowledging the and Wildlife Service 2007, p. 60). The Act to include harass, harm, pursue, potential dangers associated with them Study Team also would continue hunt, shoot, wound, kill, trap, capture, (for a detailed discussion of I & E preparing annual spatial distribution or collect, or to attempt to engage in any programs, see Factor E below). maps of conflicts so that managers can such conduct); prohibition of habitat Management removals due to grizzly identify where problems occur and destruction or degradation if such bear conflicts with livestock accounted compare trends in locations, sources, activities harm individuals of the for nearly 4 percent of known land ownership, and types of conflicts. species; the requirement that Federal mortalities between 1980 and 2002 This will facilitate proactive agencies ensure their actions will not (Servheen et al. 2004, p. 21). Several management of grizzly/human conflicts. likely jeopardize the continued steps to reduce livestock conflicts are Summary of Factor C—Overall, from existence of the species; and the currently underway. The USDA Forest 1980 to 2002, the Yellowstone grizzly requirement to develop and implement Service and National Park Service are bear population incurred an average of a recovery plan for the species. These phasing out sheep allotments within the 12.6 human-caused grizzly bear protective measures have improved the PCA as opportunities arise and, mortalities per year (Servheen et al. status of the Yellowstone grizzly bear currently, only 2 active sheep 2004, p. 21). Despite these mortalities, population to the point where delisting allotments inside the PCA remain the Yellowstone grizzly bear population is now appropriate. (USDA Forest Service 2006a, p. 167). has continued to increase in size and The management of grizzly bears and The USDA Forest Service also has expand its distribution in the last 2 their habitat draws from the laws and closed sheep allotments outside the decades (Eberhardt et al. 1994, pp. 361– regulations of the Federal and State PCA to resolve conflicts with species 362; Knight and Blanchard 1995, pp. 2– agencies in the Yellowstone DPS such as bighorn sheep as well as grizzly 11; Boyce et al. 2001, pp. 1–11; Harris boundaries (U.S. Fish and Wildlife bears. Additionally, the alternative et al. 2006, p.48; Pyare et al. 2004, pp. Service 2007, pp. 68–78). Forty Federal chosen by the USDA Forest Service 5–6; Schwartz et al. 2006b, pp. 64–66). laws, rules, guidelines, strategies, and

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reports and 33 State laws, statutes, and Delisting Advisory Team 2002; MTFWP ‘‘species of concern’’ (USDA Forest regulations are in place that apply to 2002; WGFD 2005). These State plans Service 2006b, p. 26). This designation management of the Yellowstone grizzly were then incorporated into the Strategy provides protections similar to those bear population (U.S. Fish and Wildlife to ensure that the plans and the Strategy received when classified as a sensitive Service 2007, pp. 157–160, Appendix J). are consistent and complementary species and requires that Forest Plans These laws and regulations provide the (accessible at http://mountain- include additional provisions to legal authority for controlling mortality, prairie.fws.gov/species/mammals/ accommodate these species and provide providing secure habitats, managing grizzly/yellowstone.htm). The Strategy adequate ecological conditions (i.e., grizzly bear/human conflicts, then went through a separate public habitats) to continue to provide for the controlling hunters, limiting access comment process (65 FR 11340, March needs of a recovered population. where necessary, controlling livestock 2, 2000) before being revised and The USDA Forest Service conducted grazing, maintaining I & E programs to finalized. All the State and Federal a NEPA analysis and produced a Draft control conflicts, monitoring agencies which are party to the Environmental Impact Statement populations and habitats, and agreement have signed a memorandum regarding the potential options requesting management and petitions of understanding in which they have available, and the effects of for relisting if necessary. agreed to implement the Strategy. implementing the Strategy (USDA Recovery of the Yellowstone grizzly The Strategy and the State plans Forest Service 2004, p. iii). This analysis bear population is the result of ongoing describe and summarize the coordinated was undertaken by all six affected partnerships between Federal and State efforts required to manage the National Forests (Beaverhead, Bridger- agencies, the governors of these States, Yellowstone grizzly bear population and Teton, Custer, Gallatin, Shoshone, and county and city governments, its habitat such that its continued Targhee) in suitable habitat and was educational institutions, numerous non- conservation is ensured. The Strategy completed in July 2004 (accessible at government organizations, private will direct management of grizzly bears http://mountain-prairie.fws.gov/species/ landowners, and the public who live, inside the PCA, the most significant mammals/grizzly/yellowstone.htm). The work, and recreate in the GYA. Just as portion of range, whereas the State overall purpose of the Draft recovery of the Yellowstone grizzly bear plans will cover all suitable habitat Environmental Impact Statement was to population could not have occurred outside of the PCA. These documents analyze the impacts of incorporating the without these excellent working specify the population, habitat, and habitat standards outlined in the relationships, maintenance of a nuisance bear standards to maintain a recovered grizzly population will be the recovered grizzly bear population. The Strategy and other relevant provisions result of the continuation of these plans also document the regulatory into the Forest Plans of the six affected partnerships. mechanisms and legal authorities, forests, to ensure conservation of habitat The Strategy is the plan which will policies, management, and post- to sustain the recovered Yellowstone guide the management and monitoring delisting monitoring plans that exist to grizzly bear population. The USDA of the Yellowstone grizzly bear maintain the recovered grizzly bear Forest Service Final Environmental population and its habitat after population. Overall, the measures Impact Statement and Record of delisting. It establishes a regulatory committed to in the Strategy and the Decision were released in April 2006 framework and authority for Federal State grizzly bear management plans (USDA Forest Service 2006a, p. 1; and State agencies to take over provide assurances to us that adequate USDA Forest Service 2006b, p. 36). The management of the Yellowstone grizzly regulatory mechanisms exist to maintain chosen alternative from the Final bear population from the Service. The a recovered grizzly bear population in Environmental Impact Statement was Strategy also identifies, defines, and the Yellowstone DPS after delisting (i.e., Alternative 2-Modified to amend the requires adequate post-delisting they ensure that the species is not likely Forest Plans to include all the habitat monitoring to maintain a healthy to become endangered within the standards described in the Strategy Yellowstone grizzly bear population foreseeable future throughout all or a (USDA Forest Service 2006b, p. iii). (U.S. Fish and Wildlife Service 2007, significant portion of its range). This alternative amends current Forest pp. 25–56). The Strategy is an adaptive In areas of suitable habitat outside of Plans in the GYA with the habitat and dynamic document that allows for the PCA (areas considered ‘‘significant’’ standards required in the Strategy. In continuous updating based on new to the extent that they allow for addition, Alternative 2-Modified scientific information (U.S. Fish and continued population expansion into includes guidance and direction for Wildlife Service 2007, p. 14). The adjacent areas of public land in the managing suitable habitat, as described Strategy also has a clear response GYA, and therefore, provide additional in the State plans, outside of the PCA. protocol that requires the agencies to ecological resiliency to respond to This guidance and direction includes: a respond with active management environmental change), individual goal for accommodating grizzly bears changes to deviations from the habitat National Forest Plans and State grizzly outside the PCA; direction on managing and population standards in a timely bear management plans apply. Upon livestock allotments with recurring and publicly accessible manner (U.S. delisting, the USDA Forest Service will conflicts through retirement of such Fish and Wildlife Service 2007, pp. 63– place grizzly bears on its Sensitive allotments with willing permittees; 67). It represents a decade-long Wildlife Species list (USDA Forest direction emphasizing the use of food collaborative effort between us and the Service 2006b, p. 26). This requires the storage orders to minimize grizzly bear/ USDA Forest Service, National Park USDA Forest Service to conduct a human conflicts; a guideline to Service, BLM, U.S. Geological Survey, biological evaluation for any project maintain, to the extent feasible, the Study Team, IDFG, MTFWP, and which may ‘‘result in loss of species important grizzly bear food resources; WGFD. State grizzly bear management viability or create significant trends and several monitoring items that will plans were developed, reviewed, toward Federal listing’’ (USDA Forest enhance habitat management outside of opened for public comment, revised, Service Manual 2006). Under the the PCA (USDA Forest Service 2006a, and completed in all three affected revised Forest Planning Regulations (70 pp. 34–37). These amendments to the States (Idaho, Montana, and Wyoming) FR 1023, January 5, 2005), Yellowstone GYA National Forest Land Management (Idaho’s Yellowstone Grizzly Bear grizzly bears will be classified as a Plans, completed within the framework

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established by the 1982 planning population expansion into these areas their Superintendent’s Compendium for regulations, become effective upon that are minimally affected by humans. each affected National Park. This was delisting. The State Petitions for Inventoried completed prior to the publication of Under the revised Forest Planning Roadless Area Management Rule (70 FR this final rule (Grand Teton National Regulation (70 FR 1023, January 5, 25653–25662, May 13, 2005) which Park 2006, p. 1; Yellowstone National 2005), future revisions to Forest Plans replaced the Roadless Area Park 2006, p. 12). Because the BLM will be based upon a ‘‘need for change’’ Conservation Rule (‘‘Roadless Rule’’) (66 manages less than 2 percent of all approach. Under this approach, ‘‘it is FR 3244–3273, Jan. 12, 2001) was suitable habitats, they are not modifying highly unlikely that any changes overturned on September 19, 2006 existing management plans. Instead, the relating to the Yellowstone grizzly bear (People Of The State Of California Ex BLM expressed their commitment to the amendments * * * will be identified Rel. Bill Lockyer, et al. v. United States long-term conservation of the during the revision process’’ (Aus 2005). Department of Agriculture; The Yellowstone grizzly bear population by ‘‘This means that the management Wilderness Society, California signing the memorandum of direction developed in the Wilderness Coalition, et al. v. United understanding in the Strategy. amendment(s) will be transferred to the States Forest Service, Dale Bosworth, et The three State grizzly bear new planning format and will not al., C05–03508 EDL). The State Petitions management plans direct State land change. The bottom line is that any for Inventoried Roadless Area management agencies to maintain or potential changes to management Management Rule was set aside and the improve habitats that are important to direction in either the current plans or Roadless Area Conservation Rule, grizzly bears and to monitor population during the revision effort will be guided including the Tongass Amendment, was criteria outside the PCA. Idaho, by the agreements reached in the reinstated. The USDA Forest Service Montana, and Wyoming have developed Strategy and its adaptive provisions’’ was enjoined from taking any further management plans for areas outside the (Aus 2005). In addition, we received action contrary to the Roadless Area PCA to—(1) assure that the measures of written assurance from the Chief of the Conservation Rule without undertaking the Act continue to be unnecessary for USDA Forest Service (Bosworth 2006) environmental analysis consistent with the grizzly bears in the Yellowstone stating, ‘‘It is Forest Service policy the court opinion. DPS; (2) support expansion of grizzly Even if this rule had remained in under the new 2005 planning bears beyond the PCA, into areas of effect, the affected National Forest regulations * * * to provide for both biologically and socially acceptable would have used the NEPA process and suitable habitat; and (3) manage grizzly ecosystem diversity and species public involvement to consider the bears as a game animal, including diversity, including providing impacts any changes in Roadless Area allowing regulated hunting when and appropriate ecological conditions if management may have had on other where appropriate. The plans for all needed to help avoid the need to list resources and management goals. The three States were completed in 2002, under the Act. In our judgment, this USDA Forest Service would have and grizzly bears within the management framework provides monitored any impacts these changes Yellowstone DPS will be incorporated adequate regulatory mechanisms to may have had on habitat effectiveness, into existing game species management redeem our federal agency while the Study Team would have plans after delisting. responsibilities under the Act. This is monitored any increases in grizzly bear Together, the Eastern Shoshone Tribe fundamental to our mission and mortality these changes may have and the Northern Arapaho Tribe manage specifically to our commitment to caused. Before the 2006 court decision, wildlife within the boundaries of the grizzly bear conservation.’’ Finally, ‘‘the the USDA Forest Service Interim Wind River Reservation (see Figure 1 National Forest Management Act, Directive 1920–2004–1 regulated above). The Eastern Shoshone and requires that all projects carried out on activities in Inventoried Roadless Areas Northern Arapaho Tribes have a forest be consistent with the plans (69 FR 42648–42649, July 16, 2004). participated in Yellowstone Ecosystem adopted under the regulations, Under this directive, little road building Subcommittee meetings. At the 2002 regardless of whether they are 1982 or or timber harvest could be done in Annual Tribal Consultation, organized 2005 planning regulations’’ (Bosworth Inventoried Roadless Areas until Forest by Yellowstone National Park, we 2006). Plans were revised or amended to formally briefed the Tribe about the Roughly 30 percent of all suitable specifically address activities in Strategy, but the Tribe did not provide habitat outside of the PCA is within a roadless areas. The Targhee National input or feedback about the Strategy, designated Wilderness Area (6,799 of Forest was exempt from this interim nor did they sign the memorandum of 22,783 sq km (2,625 of 8,797 sq mi) directive because it operates under a understanding in the Strategy. The while another 27 percent is within an Revised Forest Plan, which addresses Eastern Shoshone Tribe is currently Inventoried Roadless Area (6,179 of the management of roadless areas. working with the Service’s Lander, 22,783 sq km (2,386 of 8,797 sq mi)). Motorized access and other management Wyoming office to develop its own Another three percent of all suitable activities are addressed by specific Grizzly Bear Management Plan. We habitat outside the PCA is considered Management Prescription direction in anticipate that the Tribal management Wilderness Study Area. The Wilderness the Revised Forest Plan. In general, this plan will allow for grizzly bear Act of 1964 does not allow road Management Prescription directs that occupancy of suitable habitat on Tribal construction, new livestock allotments, roadless areas in the Targhee National land and cooperation on managing and or new oil, gas, and mining Forest remain roadless. Similarly, a monitoring population parameters. Less developments in designated Wilderness 1994 amendment to the Shoshone than 3 percent of all suitable habitats Areas; therefore, about 6,799 sq km National Forest Plan implemented a (1,360 sq km (525 sq mi)) are potentially (2,625 sq mi) of secure habitat outside standard for no net increase in roads affected by Tribal decisions, so their of the PCA will remain secure habitat (USDA Forest Service 2004, p. 73). management would never constitute a protected by adequate regulatory The National Park Service has threat to the Yellowstone grizzly bear mechanisms. This secure suitable incorporated the habitat, population, population. Their management plan will habitat is biologically significant to the monitoring, and nuisance bear facilitate grizzly bear occupancy in areas Yellowstone DPS because it will allow standards described in the Strategy into of suitable habitat on the Wind River

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Reservation and would allow grizzly sites, and number of livestock received, we determine if the petition bears greater access to high-elevation allotments in any given year; or (5) presents substantial information. If so, whitebark pine and army cutworm failure to receive adequate funding to we conduct a full status review to moths, thus allowing for additional fully implement the monitoring and determine if relisting is warranted, resiliency of the Yellowstone DPS in management requirements of the warranted-but-precluded by higher response to changing environmental Strategy in any given year. priority actions, or not warranted. We conditions. A Biology and Monitoring Review is also could consider emergency listing, Once this final rule becomes effective, led by the Study Team and will examine in accordance with section 4(b)(7) of the the Strategy will be implemented, and habitat management, population Act, if the threat were severe and the Coordinating Committee will management, or monitoring efforts of immediate (16 U.S.C. 1533(g)). Such an replace the Yellowstone Ecosystem participating agencies with an objective emergency relisting would be effective Subcommittee as the lead entity of identifying the source or cause of the day the regulation is published in coordinating implementation of the failing to meet a habitat or demographic the Federal Register and would be habitat and population standards, and goal. This review also will provide effective for 240 days. During this time, monitoring (U.S. Fish and Wildlife management recommendations to a conventional rule regarding the listing Service 2007, p. 63). Similar to the correct any such deviations. If the of the species based on the five factors Yellowstone Ecosystem Subcommittee, Biology and Monitoring Review is of section 4(a)(1) of the Act could be the Coordinating Committee members triggered by inadequate funding, the drafted and take effect after the 240-day include representatives from Review would focus on whether this limit on the emergency relisting has Yellowstone and Grand Teton National fiscal short-coming was a threat to the expired. Both emergency listing and the Parks, the six affected National Forests, implementation of the Strategy to such normal listing process also could be BLM, U.S. Geological Survey, IDFG, an extent that it required that the undertaken by the Service independent MTFWP, WGFD, one member from local measures of the Act would be necessary of the petition process. county governments within each State, to assure the recovered status of the The management of nuisance bears and one member from each Native Yellowstone DPS. If the Review is within the Yellowstone DPS boundaries American Tribe within suitable habitat. triggered by failure to meet a population will be based upon existing laws and All meetings will be open to the public. goal, the Review would involve a authorities of State wildlife agencies Besides coordinating management, comprehensive review of vital rates and Federal land management agencies, research, and financial needs for including survival rates, litter size, litter and guided by protocols established in successful conservation of the interval, grizzly bear/human conflicts, the Strategy and State management Yellowstone grizzly bear population, the and mortalities. The Study Team will plans. Inside the National Parks, Coordinating Committee will review the attempt to identify the reason behind Yellowstone or Grand Teton National Study Team’s Annual Reports and any variation in vital rates such as Park grizzly bear biologists will review and respond to any deviations habitat conditions, vandal killings, continue to respond to grizzly bear/ from habitat or population standards. excessive roadkill, etc., and determine if human conflicts. In all areas outside of The Coordinating Committee will the reasons that the measures of the Act the National Parks, State wildlife decide on management are necessary to assure the recovered agencies will coordinate and carry out recommendations to be implemented by status of the population. Similarly, if the any management actions in response to appropriate member agencies to rectify Review was triggered by failure to meet grizzly bear/human conflicts. In areas problems and to assure that the habitat a habitat standard, the Review would within the Yellowstone DPS boundaries and population standards will be met examine what caused the failure, that are outside of the PCA, State grizzly and maintained. whether this requires that the measures bear management plans will apply and The Strategy’s habitat standards are of the Act are necessary to assure the State wildlife agencies will respond to the 1998 levels of secure habitat, recovered status of the population, and and manage all grizzly bear/human developed sites, livestock allotments, what actions may be taken to correct the conflicts. The focus and intent of and habitat effectiveness (U.S. Fish and problem. This Review will be completed nuisance grizzly bear management Wildlife Service 2007, p. 38). The and made available to the public within inside and outside the PCA will be Strategy signatories have agreed that if 6 months of initiation. predicated on strategies and actions to there are deviations from any The Coordinating Committee is to prevent grizzly bear/human conflicts. population or habitat standard, the respond to a Biology and Monitoring Active management aimed at individual Coordinating Committee will implement Review with actions to address nuisance bears will be required in both a Biology and Monitoring Review to be deviations from habitat standards or, if areas. carried out by the Study Team. A the desired population and habitat The Idaho, Montana, and Wyoming Biology and Monitoring Review will be standards specified in the Strategy plans recognize that measures to reduce triggered by any of the following cannot be met in the opinion of the grizzly bear/human conflicts are causes—(1) a total population estimate Coordinating Committee, then the paramount to successfully and of less than 500, as indicated by a Chao2 Coordinating Committee will petition us completely addressing this issue. The estimate (Keating et al. 2002, pp. 167– for relisting (U.S. Fish and Wildlife State of Idaho Yellowstone Grizzly Bear 170) of less than 48 females with cubs- Service 2007, p. 66). Although anyone Management Plan states that such of-the-year, for 2 consecutive years; (2) can petition us for relisting, the measures must be given priority, as they exceedance of the 9 percent total Coordinating Committee’s petition is are more effective than simply mortality limit for independent females important because it is requested by the responding to problems as they occur for 2 consecutive years; (3) exceedance actual management agencies in charge (Idaho’s Yellowstone Grizzly Bear of the total mortality limits for of the Yellowstone grizzly bear Delisting Advisory Team 2002, p. 15). independent males or dependent young population. Additionally, the Similarly, the Grizzly Bear Management for 3 consecutive years; (4) failure to Coordinating Committee possesses the Plan for Southwestern Montana meet any of the habitat standards resources, data, and experience to maintains that the key to dealing with described in the Strategy pertaining to provide us with a strong argument for all nuisance situations is prevention levels of secure habitat, new developed the petition. Once a potential petition is rather than responding after damage has

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occurred (MTFWP 2002, p. 48). The Summary of Factor D—In addition to Yellowstone DPS. However, low levels Wyoming Grizzly Bear Management the Strategy, National Park of gene flow, as seen historically, may Plan also mandates the WGFD to Superintendent’s Plans, USDA Forest be necessary in the future to maintain emphasize long-term, non-lethal Service Amendment for Grizzly Bear genetic diversity within the Yellowstone solutions, but relocation and lethal Habitat Conservation for the GYA DPS. In order to assure the long-term removal may occur to resolve some National Forests, and State grizzly bear genetic health of the Yellowstone conflicts (WGFD 2005, pp. 25–25). All management plans, more than 70 State grizzly bear DPS, we have considered three State management plans are and Federal laws, regulations, rules, and genetic issues for the period beyond the accessible at http:// mountain- guidelines are currently in place. We are next several decades. prairie.fws.gov/species/mammals/ confident that these mechanisms Miller and Waits (2003, p. 4338) grizzly/yellowstone.htm. The ways in provide an adequate regulatory recommend that in order to avoid which the Strategy and the State plans framework within which the negative, short-term genetic effects intend to address preventative measures Yellowstone grizzly bear population associated with small population size, are described in detail in the Factor E- will continue to experience population the effective population size (i.e., the Human Attitudes Toward Grizzly Bear stability and be appropriately number of breeding individuals in an Recovery and Information & Education distributed throughout significant idealized population that would show Efforts to Improve these Attitudes portions of the range for the foreseeable the same amount of change in allele section below. All three State plans future. These mechanisms also provide frequencies due to random genetic drift allow for preemptive relocation of detailed protocols for future or the same amount of inbreeding as the grizzly bears out of areas that have a management, I & E programs, and population under consideration) of the high probability of conflicting with monitoring for the foreseeable future. In Yellowstone grizzly bear DPS should humans or their property, including summary, these mechanisms provide remain above 100 animals, and this will livestock. The States are committed to reasonable assurance to us and likely be achieved by maintaining a total responding to grizzly bear/human regulatory certainty that potential future population size above 400 animals. In conflicts in an efficient, timely manner. threats to the Yellowstone grizzly bear response to this recommendation, the The killing of grizzly bears in self- population will not jeopardize this Strategy states that it is the goal of the defense by humans will continue to be recovered population and ensure that implementing agencies to maintain the allowed under both Federal and State the Yellowstone DPS is not likely to total population size at or above 500 management plans. State management become endangered in the foreseeable animals to assure that the effective plans do not allow for legal take of future throughout all or a significant population size does not decline to less grizzly bears by humans unless it is portion of its range. than 100 (U.S. Fish and Wildlife Service within the designated seasons and 2007, p. 26). limits for grizzly mortality or, in the E. Other Natural or Manmade Factors Miller and Waits (2003, p. 4338) state Montana portion of the DPS, if a grizzly Affecting Its Continued Existence that the genetic diversity necessary for bear is caught ‘‘in the act’’ of attacking Three other considerations warrant the long-term genetic health of the or killing livestock (87–3–130 MCA). discussion as to whether or not they are population can only be maintained This would have to be verified by a law likely to appreciably impact the through gene flow from other grizzly enforcement investigation. Any Yellowstone grizzly bear DPS bear populations, either through mortality due to hunting will be within including—(1) genetic concerns; (2) translocation or natural connectivity. the sustainable mortality limits, as invasive species, disease, and other Our DPS policy does not require described in the Strategy (U.S. Fish and impacts to food supply; and (3) human complete geographic or reproductive Wildlife Service 2007, p. 126). The goal attitudes toward grizzly bear recovery isolation among populations, and allows of such a hunting season is to reduce and I & E efforts to improve these for some limited interchange among grizzly density in areas of high grizzly attitudes. population segments considered to be bear/human conflicts, in order to Genetic Management—Levels of discrete (61 FR 4722). Although achieve management objectives so that genetic diversity in Yellowstone grizzly movement of just a few individuals future management actions would be bears have been a concern in the past between populations may be sufficient reduced. A hunt would only occur if because of small population size and to prevent loss of genetic diversity, annual mortality limits specified for the lack of genetic exchange with other movement of a few individuals would Yellowstone grizzly bear population are grizzly bear populations. However, not be sufficient to create or maintain not exceeded. levels of genetic diversity in the significant demographic connectivity State management plans provide the Yellowstone grizzly bear population are between grizzly bear populations. We necessary regulatory framework and not as low as previously feared, and the believe that there is currently no guidelines to State wildlife agencies for need for novel genetic material is not connectivity between the Yellowstone managing and maintaining a recovered urgent (Miller and Waits 2003, p. 4338). DPS and other grizzly bear populations. Yellowstone grizzly bear population in Because the Yellowstone grizzly bear Future efforts to maintain genetic significant portions of the range outside population is an isolated population, diversity, either through translocation or of the PCA. By identifying the agencies declines in genetic diversity over time natural connectivity, may provide for responsible for nuisance bear are expected (Allendorf et al. 1991, p. genetic exchange among grizzly bear management and responding to grizzly 651; Burgman et al. 1993, p. 220), but populations but is unlikely to result in bear/human conflicts using a clearly will occur gradually over decades the Yellowstone DPS becoming no orchestrated protocol, these State plans (Miller and Waits 2003, p. 4338). Miller longer markedly separate from other create a framework within which grizzly and Waits (2003, p. 4338) state, ‘‘In our grizzly bear populations. Natural bears and people can both flourish. opinion, it is unlikely that genetic connectivity will continue to be Effective nuisance bear management factors will have substantial effect on monitored after delisting. To document benefits the conservation of the the viability of the Yellowstone grizzly natural connectivity, Federal and State Yellowstone grizzly bear population and over the next several decades.’’ agencies will continue to monitor bear State management plans adequately Therefore, we do not view genetic movements on the northern periphery of address this issue. diversity as a current threat to the the Yellowstone DPS boundaries and

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the southern edges of the NCDE using become a threat to the Yellowstone atmospheric temperatures, and ocean radio-telemetry and will collect genetic grizzly bear DPS. temperatures will rise, the samples from all captured or dead bears Adequate measures to address genetic Intergovernmental Panel on Climate to document gene flow between these concerns will continue and, thus, Change (IPCC), a group of leading two ecosystems. Such movement will be genetic concerns will not adversely climate scientists commissioned by the detected by using an ‘‘assignment test’’ impact the long-term conservation of the United Nations, concluded there is a which identifies the area from which Yellowstone grizzly bear population or general consensus among the world’s individuals are most likely to have its expansion into suitable habitat. The best scientists that climate change is originated based on their unique genetic Study Team will carefully monitor occurring (Intergovernmental Panel on signature (Paetkau et al. 1995, p. 348; movements and the presence of alleles Climate Change 2001, pp. 2–3; Waser and Strobeck 1998, p. 43; Paetkau from grizzly populations outside the Intergovernmental Panel on Climate et al. 2004, p. 56; Proctor et al. 2005, pp. Yellowstone DPS boundaries (U.S. Fish Change 2007, p. 4). The twentieth 2410–2412). This technique also has the and Wildlife Service 2007, p. 37) so that century was the warmest in the last reduction of genetic diversity due to the ability to identify bears that may be the 1,000 years (Inkley et al. 2004, pp. 2–3) geographic isolation of the Yellowstone product of reproduction between with global mean surface temperature grizzly bear population will not become increasing by 0.4 to 0.8 degrees Celsius Yellowstone and NCDE bears (Dixon et a threat to the Yellowstone grizzly bear (0.7 to 1.4 degrees Fahrenheit). These al. 2006, p. 158). In addition to DPS in all or a significant portion of its increases in temperature were more monitoring for gene flow and range in the foreseeable future. pronounced over land masses as movements, we will continue Invasive Species, Disease, and Other evidenced by the 1.5 to 1.7 degrees interagency efforts to complete the Impacts to Food Supply—Four food Celsius (2.7 to 3.0 degrees Fahrenheit) linkage zone task in the Recovery Plan items have been identified as major increase in North America since the (U.S. Fish and Wildlife Service 1993, components of the Yellowstone grizzly 1940s (Vincent et al. 1999, p.96; Cayan pp. 24–26) to provide and maintain bear population’s diet (Mattson et al. et al. 2001, p. 411). According to the movement opportunities for grizzly 1991a, p. 1623). These are seeds of the IPCC, warmer temperatures increase 1.1 bears, and reestablish natural whitebark pine, army cutworm moths, to 6.4 degrees Celsius (2.0 to 11.5 connectivity and gene flow between the ungulates, and spawning cutthroat trout. degrees Fahrenheit) by 2100 Yellowstone grizzly bear DPS and other These food sources may exert a positive (Intergovernmental Panel on Climate grizzly bear populations. influence on grizzly bear fecundity and Change 2007, pp. 10–11). The Experimental and theoretical data survival (Mattson et al. 2002, p. 2) and magnitude of warming in the northern suggest that one to two effective are some of the highest sources of Rocky Mountains has been particularly migrants per generation is an digestible energy available to grizzly great, as indicated by an 8-day advance appropriate level of gene flow to bears in the GYA (Mealey 1975, pp. 84– in the appearance of spring maintain or increase the level of genetic 86; Pritchard and Robbins 1990, p. 1647; phenological indicators in Edmonton, diversity in isolated populations (Mills Mattson et al. 1992, p. 436; Craighead et Alberta, since the 1930s (Cayan et al. and Allendorf 1996, pp. 1510, 1516; al. 1995, pp. 247–252). Each of these 2001, p. 400). The hydrologic regime in Newman and Tallmon 2001, pp. 1059– food sources is limited in distribution the northern Rockies also has changed 1061; Miller and Waits 2003, p. 4338). and subject to natural annual with global climate change, and is We have defined an effective migrant as fluctuations in abundance and projected to change further (Bartlein et availability. Because of this natural an individual that emigrates into an al. 1997, p. 786; Cayan et al. 2001, p. variability, threshold values of isolated population from an outside 411; Stewart et al. 2004, pp. 223–224). abundance for each food have not been area, survives, breeds, and whose Under global climate change scenarios, established. However, whitebark pine, offspring survive (we further discuss the GYA may eventually experience ungulates, cutthroat trout, and army this issue in Issue 8 under subheading milder, wetter winters and warmer, cutworm moths are all monitored either drier summers (Bartlein et al. 1997, p. R in the Summary of Public Comments directly or indirectly on an annual basis section above). Based on Miller and 786). Additionally, the pattern of (see Post-Delisting Monitoring Plan snowmelt runoff also may change, with Waits (2003, p. 4338), the Strategy section below). Monitoring these a reduction in spring snowmelt (Cayan recommends that if no movement or important foods provides managers with et al. 2001, p. 411) and an earlier peak successful genetic interchange is some ability to predict annual seasonal (Stewart et al. 2004, pp. 223–224), so detected by 2020, two effective migrants bear habitat use, and estimate, prepare that a lower proportion of the annual from the NCDE be translocated into the for, and avoid grizzly bear/human discharge will occur during spring and Yellowstone grizzly bear population conflicts due to a shortage of one or summer. every 10 years (i.e., one generation) to more foods. For instance, the Changing climate conditions have the maintain current levels of genetic Coordinating Committee issues press potential to impact several of the diversity (U.S. Fish and Wildlife Service releases annually about the abundance Yellowstone grizzly bear’s food sources, 2007, p. 37). Based on previous attempts of fall foods, particularly whitebark including whitebark pine seeds, winter- in other grizzly bear recovery pine. In poor whitebark pine years, killed ungulates, and army cutworm ecosystems to augment the grizzly bear these press releases warn people that moths. However, the extent and rate to population (Kasworm et al. in press, pp. bears might be found in lower elevation which each of these food sources will be 6–7), the Service recognizes that it may areas and that encounters with bears impacted is difficult to foresee with any take several re-located bears to equal will likely be more common. In level of confidence. The specific ways one or two effective migrants. Each bear Yellowstone National Park, similar in which climate change may affect each that would be relocated from the NCDE warnings are issued to people during major grizzly bear food in the GYA is into the GYA would be radio-collared poor food years when they obtain their discussed within each of their and monitored to determine if backcountry permits and, in some years, respective sections that follow. additional translocations were warning signs are posted at trailheads. In response to normal changes in food necessary. In this way, we can be certain While there is much debate about the supplies due to plant phenology and that genetic impoverishment will not rates at which carbon dioxide levels, responses to weather (e. g., frost,

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rainfall), grizzly bear annual home Study Team regarding the abundance of proportion of the Yellowstone grizzly ranges may change in size and extent both cutthroat and lake trout. bear population was using cutthroat (Aune and Kasworm 1989, pp. 48–62). According to Stewart et al. (2004, p. trout. The number of bears using trout By expanding the distribution and range 223), cutthroat trout in the Yellowstone varied from 15 to 33 per year from 1997 of bears into currently unoccupied Lake drainage (a small portion of the to 2000 (Haroldson et al. 2005, p. 175). suitable habitat within the DPS overall range of Yellowstone cutthroat This low reliance on cutthroat trout by boundaries, as per the State plans, trout) may be affected by climate change the grizzly bear population in general, additional areas with additional food and its effects on the hydrologic regime and female bears specifically, has resources will be available. These potentially causing spring runoff to implications for population dynamics, additional habitats will provide habitat occur as much as 30 to 40 days earlier and means that potential declines in flexibility for bears to respond to and perhaps reduced scouring of this food resource are not currently, nor changes in annual food supplies and streambeds. Should this scenario be are they likely to become, a threat in the distribution. realized, that would require cutthroat foreseeable future in all or a significant Regarding impacts to cutthroat trout, trout to migrate to the tributaries to portion of the Yellowstone DPS’s range, several factors have the potential to play spawn earlier in the spring to match even if changing climate conditions significant roles on the abundance of their preferred streamflows, and it also cause a reduction in Yellowstone this food source. In 1994, nonnative lake would require them to return to cutthroat trout abundance. trout (Salvelinus naymaycush) were Yellowstone Lake earlier in the summer Regarding Whitebark Pine, two discovered in Yellowstone Lake to avoid low flows in the tributaries. noteworthy factors in North America (Reinhart et al. 2001, pp. 281–282). Lake Such a hypothetical change in the warrant consideration here, including trout are efficient predators of juvenile spawning schedule of cutthroat trout mountain pine beetle infestation and the cutthroat trout and, on average, also would require a change in the time introduction of exotic species (Tomback consume 41 cutthroat trout per year during which grizzly bears frequent the et al. 2001, p. 13). Fire suppression and (Ruzycki et al. 2003, p. 23). In 1998, spawning streams. Young (2001) exclusion throughout most of the Myxobolus cerebralis, the parasite that speculated that warmer water western United States during the causes whirling disease, was found in temperatures may be harmful to twentieth century has allowed shade juvenile and adult cutthroat trout cutthroat trout, as evidenced by the tolerant tree species to dominate some collected from Yellowstone Lake. The failure of some warmer river reaches, whitebark pine communities, thereby Intermountain West has experienced such as the lower Tongue River, to inhibiting natural regeneration by drought conditions for the past 6 years, support cutthroat populations. While whitebark pine (Arno 1986, p. 93; which has resulted in increased water some species may shift north in Tomback et al. 2001, p. 5). These later temperatures, lowered lake levels, and a response to climate change, there is no successional whitebark pine reduction in peak stream flows; all of evidence the introduced lake trout will communities are more susceptible to which negatively affect cutthroat trout be hampered by such climatic range infestations of the native mountain pine spawning success (Koel et al. 2005, p. restrictions. Despite these potential beetle (Dendroctonus ponderosae) 10). This combination of lake trout, factors impacting Yellowstone cutthroat (Tomback et al. 2001, pp. 14–15). Their whirling disease, and drought trout, a 2006 status review concluded larvae feed on the inner bark, which can conditions has resulted in declines in that listing this salmonid was not eventually girdle and kill trees on a the Yellowstone cutthroat trout warranted (71 FR 8818–8831, February landscape scale (Amman and Cole 1983, population, with subsequent decreases 21, 2006). This status review noted that p. 12). in grizzly bear fishing activity (Koel et although some Yellowstone cutthroat During the last 2 to 4 years, there has al. 2005, pp. 10–11). In fact, both black trout populations face severe threats, been an epidemic of mountain pine and grizzly bear activity at spawning overall, populations are abundant and beetles in whitebark pine in the GYA streams decreased 87 percent between well distributed, and that land and (Gibson 2006, p. 1). Using aerial 1989 and 2004 (Koel et al. 2005, p. 14). water management practices have detection survey data, Gibson (2006, pp. Efforts to reduce introduced lake trout significantly reduced habitat 1, 3) estimated that 16 percent of the populations have been somewhat degradation. total area of whitebark pine found in the successful. The Yellowstone National Although the decrease in bear use of GYA (693 sq km / 4,308 sq km (268 sq Park managers have removed more than cutthroat trout corresponds temporally mi / 1663 sq mi)) has experienced some 100,000 lake trout since 1994, and the with cutthroat trout declines, this may level of mortality due to mountain pine average size of lake trout caught has not have a significant effect on the beetles. Similarly, the Greater decreased, indicating that gillnetting grizzly bear population because adult Yellowstone Whitebark Pine Monitoring efforts may be effective. The grizzlies that fish in spawning streams Working Group (2006, p. 77) reported Yellowstone National Park managers only consume, on average, between 8 that 22 percent of their transects showed will continue to monitor the and 55 trout per year (Felicetti et al. presence of mountain pine beetles. Yellowstone Lake cutthroat trout 2004, p. 499). The results of Felicetti et Between 2004 and 2005 they surveyed population using fish weirs, spawning al. (2004, p. 499) indicate a lower a total of 3,889 trees and found 1.4 stream surveys, and hydroacoustic dependence on this food source than percent of the trees (56 trees) sampled techniques and continue attempts to previously believed (Reinhart and showed signs of mountain pine beetle suppress nonnative lake trout in Mattson 1990, pp. 345–349; Mattson attack (Greater Yellowstone Whitebark Yellowstone Lake through gillnetting, and Reinhart 1995, pp. 2078–2079). Of Pine Monitoring Working Group 2006, capturing on spawning grounds, and particular importance is the finding that p. 77). fishing regulations which target lake male grizzly bear consumption of The introduction of white pine blister trout (Yellowstone National Park 2003, spawning cutthroat trout was five times rust from Europe in the early 1900s also p. 33). The Yellowstone National Park more than average female consumption contributes to whitebark pine declines biologists will continue to assess the of this food (Felicetti et al. 2004, p. 499) (Kendall and Arno 1990, pp. 269–270; impacts of nonnative lake trout on and there was minimal use of cutthroat Tomback et al. 2001, pp. 15–16). While cutthroat trout populations and will trout by female grizzly bears. Haroldson there is evidence of blister rust in provide an annual summary to the et al. (2005, p. 175) found that a small whitebark pines in the GYA, the blister

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rust has been present for more than 50 fires may be advantageous to whitebark ago, stated that ‘‘practically every stand years (McDonald and Hoff 2001, p. 210), pine through elimination of smaller, of whitebark pine is heavily infested’’ and infection rates are still relatively shade-tolerant competitive tree species and that ‘‘it seems inevitable that much low when compared to whitebark pine such as subalpine fir and the creation of of the park will be denuded.’’ This communities further north. The Greater open sites that will be used by Clark’s 1930s prediction was incorrect, Yellowstone Whitebark Pine Monitoring nutcracker (Nucifraga columbiana) for demonstrating the uncertainty of Working Group (2006, p. 76) estimated seed caches, the primary dispersal agent predicting the impacts of such pine that after more than 50 years of presence for whitebark pine (Tomback et al. 2001, beetle infestations. of the pathogen in the ecosystem, p. 17). However, the intensity of the fire It is not anticipated that whitebark roughly 25 percent of all whitebark pine is a key factor. Low intensity fires may pine will disappear entirely from the trees in the GYA are currently infected eliminate smaller, shade-tolerant GYA in the foreseeable future. Modeling to some level with the blister rust. competitive tree species such as efforts have predicted that whitebark Evidence of infection does not subalpine fir, while high intensity fires pine will remain at lower risk for necessarily mean immediate mortality. may result in direct mortality of many mountain pine beetle attack in many Eighty percent of the rust cankers on mature whitebark pine trees (Mattson et high elevation habitats in the eastern 2,425 infected live trees were on al. 2001, pp. 131–132; Koteen 2002, pp. portion of the GYA (Logan 2006, p. 3). branches as opposed to the bole of the 390–396). Many of these high elevation mountain tree. Trees with branch cankers only are The most substantial way in which areas where whitebark is expected to less impacted than trees with bole changing climate conditions may affect persist (Logan 2006, p. 3) are designated cankers (Greater Yellowstone Whitebark whitebark pine is through outbreaks of Wilderness Areas where human Pine Monitoring Working Group 2006, native mountain pine beetles that might developments are prohibited. For p. 76) and usually produce normal cone not continue to be regulated by example, the Wind River mountain crops. This proportion of infected trees extremely cold winters, and an range (see Figure 1), where mountain in the Yellowstone ecosystem is much increased prevalence of white pine pine beetle impacts are expected to be lower than in whitebark pine blister rust. As recently as 2001, Kendall minimal (Logan 2006, p. 3), is within communities found in the nearby Bob and Keane (2001, p. 136), addressing the Bridger, Popo Agie, and Fitzpatrick Marshall Wilderness (83 percent) or in primarily the effects of white pine Wilderness Areas. This area includes of communities of other 5-needled pines in blister rust, concluded that ‘‘the impact 2,948 sq km (1,138 sq mi) of protected Colorado, in which 50 percent of pines of climate change on whitebark pine is habitat. Similarly, the eastern half of the exposed to the fungus are infected inconclusive,’’ even though they felt it PCA consists of the North Absaroka, (McDonald and Hoff 2001, p. 211). unlikely that any whitebark pine stand Teton, and Washakie Wilderness Areas, Climate change is predicted to affect would be safe from damage by blister where whitebark pine is anticipated to several aspects of the ecology of rust under projected climate conditions. be at lower risk of mountain pine beetle whitebark pine, including an increase in Subsequent research (Logan and Powell attack in the foreseeable future (Logan the length of the growing season (Cayan in review, p. 13) suggests that recent 2006, p. 3). These areas should provide et al. 2001, p. 410–411), an increase in ‘‘unprecedented outbreaks’’ of bark a large reserve area that will be fire frequency and severity (McKenzie et beetles in high elevation pines have minimally impacted by mountain pine al. 2004, p. 893; Westerling et al. 2006, been made possible by global climate beetle infestation and have only pp. 942–943), spatial shifts in the change, and other investigators have negligible human impacts for the distribution of suitable growing sites predicted that mortality caused by foreseeable future. (Bartlein et al. 1997, p. 788), and an blister rust also will increase with While we remain concerned that there increase in both mountain pine beetle warmer, wetter conditions as predicted will be future changes in whitebark pine (Logan and Powell 2001, pp. 165–170; by global climate models (Koteen 2002, abundance, we believe that the specific Williams and Liebhold 2002, p. 95 ) and pp. 379–384). The current outbreak amount of decline in whitebark pine white pine blister rust (Koteen 2002, pp. (Gibson 2006, pp. 1–3) and past distribution and the rate of this decline 352–364) outbreaks. However, the outbreaks (Logan and Powell in review, are difficult to predict with certainty. ultimate impacts of climate change on p. 4) have been associated with The specific response of grizzly bears to whitebark pine communities, and unusually warm temperatures which declines in whitebark cone production therefore impact to the GYA bears’ use allow mountain pine beetles to is even more uncertain due to the fact of whitebark pine seeds as a primary complete their life cycles in one season that bears are used to feeding on food source, are uncertain (Kendall and (Logan and Powell 2001, p. 161), alternative foods during the regularly Keane 2001, p. 236). suggesting that predicted milder winters occurring years when whitebark cone While an increased growing season will result in increased loss of production is minimal (Mattson et al. may result in increased cone crops for whitebark pine to beetle-caused 1991a, p. 1626; Felicetti et al. 2003, p. several decades, accelerated growth of mortality. 767). We believe any changes in competitive species such as Abies Both Gibson (2006, p. 5) and Logan et whitebark pine production (positive or lasiocarpa (subalpine fir) could al. (2003, p. 136) temper their comments negative), either individually or in eventually lead to them out competing about the speed of spread of mountain combination with other factors, are not and replacing whitebark pine (Mattson pine beetle infestations. Logan et al. likely to impact the Yellowstone DPS to et al. 2001, pp. 132–133). Additionally, (2003, p. 136) caution that reporting bias the point where the DPS is likely to a changing climate may shift the overall (the tendency to report massive become endangered within the distribution of whitebark pine north and outbreaks and to disregard minor or foreseeable future throughout all or a higher in elevation, resulting in local receding infestations) may affect significant portion of its range. While extinction and reduced overall perceptions of the problem. Gibson studies suggest a decrease in whitebark distribution in the GYA (Romme and (2006, p. 5) cites Furniss and Renkin pine can change both grizzly bear Turner 1991, p. 382). Fire frequency and (2003, p. 207), quoting from a National spatial distribution and the number of severity may increase with late summer Park Service report on the mountain bear/human conflicts (Mattson et al. droughts predicted under climate pine beetle outbreak in Yellowstone in 1992, p. 436; Knight and Blanchard change scenarios for the GYA. These the 1930s. The report, issued 70 years 1995, p. 23; Gunther et al. 1997, pp. 9–

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11; Gunther et al. 2004, p. 18), grizzly managers from the USDA Forest bison, domestic cattle (Berger and Cain bears are opportunistic omnivores that Service, National Park Service, and the 1999, pp. 358–359), and humans will make behavioral adaptations Service, formed the Whitebark Pine (Wyoming Brucellosis Coordination regarding food acquisition (Weaver et al. Subcommittee in 1998 (USDA Forest Team 2005, p. 8). The disease is usually 1996, p. 970). The wide current and Service 2006a, p. 148). The Whitebark fatal to the fetus, but usually causes no projected (Logan 2006, p. 3) distribution Pine Subcommittee coordinates the lasting harm to adults, who are of whitebark pine, primarily in high- implementation of restoration thereafter immune to its effects and elevation Wilderness Areas in the techniques, management responses, and capable of reproducing successfully. eastern part of the GYA where human the gathering of information on the Animals are infected by eating material development actions are prohibited, status of this tree. Current work on contaminated with the bacteria in provides biologically significant habitat whitebark pine includes planting in aborted fetuses or vaginal discharges to grizzly bears throughout suitable several areas, cone collection from (Smith 2005, p. 7). Brucellosis is not habitat and increases the resiliency of healthy trees, silvicultural treatments to known to negatively affect grizzly bears the Yellowstone DPS to future changes improve growth and establishment, or any other carnivore (Reinhart et al. in whitebark pine availability. prescribed burning to encourage natural 2001, pp. 280–281). Existing vaccines In contrast to annually available whitebark pine seedling establishment, were developed specifically for coastal salmon runs used by other and surveys for healthy trees that may domestic cattle, and are not effective in grizzly bear populations, whitebark pine possess blister rust resistant genes. preventing infection or abortion in bison nut production is not an annually In 2003 and 2004, the Whitebark Pine or elk. Brucellosis was most likely predictable food source. Yellowstone Subcommittee formed the Greater introduced to North America in DPS bears commonly have high diet Yellowstone Whitebark Pine Monitoring domestic cattle imported from Europe diversity (Mattson et al. 1991a, p. 1626) Working Group. This is an interagency (Meagher and Meyer 1994, p. 650). and use alternate foods in years of low team of resource managers, statisticians, The effect of the disease itself on whitebark pine nut production. During and researchers established to assess the bison and elk populations is minimal, years of poor pine nut availability, 72 status of whitebark pine, its threats, and but the possibility of transmission from percent of GYA grizzly bears make restoration options in the GYA. The infected wildlife to domestic cattle minimal use of pine nuts while Whitebark Pine Monitoring Working causes economic concern for livestock consuming more ungulate meat Group monitors transects throughout producers. Removal of bison, but not (Felicetti et al. 2003, p. 767) and other the GYA annually for white pine blister elk, to control the spread of the disease natural foods. Grizzly bears in the GYA rust infection, mountain pine beetle to domestic cattle is currently practiced are accustomed to successfully finding infestation, and whitebark pine survival. north of Yellowstone near Gardiner, alternative natural foods in years when Currently, there are 19 whitebark pine Montana, and west of Yellowstone near whitebark pine nuts are not available. cone production transects within the West Yellowstone, Montana. While However, because pine nuts are an PCA, 9 of which the Study Team has these removals have the potential to important food and because they vary monitored on an annual basis since deprive grizzly bears of a carrion source naturally from year to year as well as in 1980 (Haroldson and Podruzny 2006, in the spring, since many of the bison response to insect and disease, the pp. 44–45). Additionally, the Whitebark removed would have died over winter Study Team has been monitoring cone Pine Monitoring Working Group has (Meagher 1973, p. 73), brucellosis is not abundance throughout the GYA since established more than 70 transects a population-level issue for wild 1980. This cone monitoring in outside the PCA and works closely with ungulates. The presence of brucellosis combination with monitoring tree statisticians to ensure a representative in wild populations of ungulates does mortality and beetle and disease sample and strong inference (Greater not threaten this food source of grizzly infestation rates will continue under the Yellowstone Whitebark Pine Monitoring bears. The potential threat to grizzly Strategy (U.S. Fish and Wildlife Service Working Group 2006, p. 76). Under the bears is created by the removal of wild 2007, p 43–56, 60). We believe that this Strategy, the Study Team will continue bison that wander outside of intensive, annual monitoring of foods, monitoring whitebark pine cone Yellowstone National Park. The purpose grizzly bear/human conflicts, survival production, the prevalence of white of the Interagency Bison Management rates for young, reproductive rates, and pine blister rust, and whitebark pine Plan, under which bison that wander the causes and locations of grizzly bear mortality using current methods. outside the boundaries of Yellowstone mortality, as detailed in the Strategy Regarding impacts to ungulates, National Park into Montana are (U.S. Fish and Wildlife Service 2007, potential impacts to elk and bison (the managed, is to ‘‘maintain a wild, free- pp. 43–56, 60), will provide the most important ungulates to grizzlies) ranging population of bison and address Strategy’s signatory agencies with a warrant consideration here. Grizzlies the risk of brucellosis transmission to strong, and biologically defensible, primarily consume ungulates as winter- protect the economic interest and foundation from which to implement killed carrion in the early spring, but viability of the livestock industry in the the adaptive management (Holling 1978, also kill elk and bison calves State of Montana’’ (U.S. Department of pp. 11–16) actions necessary to respond opportunistically and sometimes prey the Interior’s National Park Service and to ecological changes that may impact upon adults weakened during the fall USDA Animal and Plant Health the future of the GYA grizzly bear DPS. breeding season. Potential threats to the Inspection Service 2000, p. 22). In light These management changes may availability of these ungulates include of this goal, we do not foresee involve increased habitat management brucellosis (Brucella abortus) and management of Yellowstone bison as a and/or protection, increased mortality resulting management practices, chronic threat to the Yellowstone grizzly bear management, and/or a status review and wasting disease (CWD), competition DPS in all or a significant portion of its emergency relisting of the population if with other top predators for ungulates, range in the foreseeable future. management is unable to successfully and decreasing winter severity. CWD is a member of a group of address the problems. Brucellosis is a bacterial disease that diseases called transmissible In response to concerns about threats causes abortion during the first spongiform encephalopathies, caused by to whitebark pine in the GYA, the pregnancy after infection in many non-living proteins called prions Coordinating Committee, a group of species of mammals, including elk, (Peterson 2005, p. 1). The disease is

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known to occur in only 4 species within requires that all signatories cooperate to reduce the availability of carrion by the deer family including white-tailed monitor historic ungulate carcass decreasing winter severity and length. and mule deer, elk, and moose. CWD is transects each spring. In this way, the However, in ecosystems such as invariably fatal in deer and elk once Study Team can compare current counts Yellowstone, where wolves are present, they develop clinical signs, but the of ungulate carcasses to previous years. these top predators may buffer climatic period between contracting the disease Through monitoring of habitat features change impacts to scavengers. This may and death of the animal is usually 2 to and grizzly bear population statistics, occur because the remains of wolf-killed 4 years (Peterson 2005, p. 3). There is our adaptive management (Holling ungulates would provide a food no immune response and no 1978, pp. 11–16) approach will respond resource to scavengers. Furthermore, immunization for CWD. The disease- to significant shortages in spring increased over-winter survival would causing prions are shed in feces and the ungulate carrion, should they occur in likely result in overall increases in decomposing carcasses of infected deer the future. ungulate populations, thereby providing and elk. Prions persist in the ground for Gray wolves (Canis lupus) were an alternative food source to grizzly at least 2 years and infect deer and elk reintroduced to the GYA in 1995 and, bears during poor whitebark pine years that eat them while foraging on low- since then, have flourished. (Felicetti et al. 2003, p. 767). growing vegetation or human-provided Competition between grizzlies and The northern Yellowstone elk herd hay or hay pellets. As is the case for wolves for carrion, particularly elk occupies the northern reaches of brucellosis, CWD transmission is carcasses, in late winter and spring Yellowstone National Park and some facilitated by locally high densities of occurs occasionally. Servheen and adjacent USDA Forest Service and animals, such as those occurring at Knight (1993, p. 136) reviewed the private lands in the Yellowstone River winter feed grounds (Smith 2005, p. 16). literature on wolf/grizzly competition and Lamar River valleys. The size of the CWD has not been detected in the GYA, and interviewed biologists and northern elk herd has declined from but recent cases have been confirmed in managers familiar with wolf/grizzly about 17,000 elk in 1995 to about 8,000 mule deer from Worland and interactions in North America and in 2004 (Vucetich et al. 2005, p. 261). Thermopolis, Wyoming, on the eastern Eurasia. They concluded that there was The onset of the decline was coincident edge of the GYA. no documentation of negative influence with the reintroduction of wolves, but a The prospective threat that CWD of grizzlies on wolves or of wolves on modeling exercise conducted by poses to grizzly bears is the potential grizzlies at the population level. Vucetich et al. (2005, p. 260) attributed reduction or elimination of deer and elk However, they also concluded that the the decline to weather and hunting in the GYA. Unlike brucellosis, CWD is most severe competition would be likely harvests, rather than wolf predation. an emerging disease, so little empirical to occur in the spring, when bears began However, Tom Lemke, a wildlife data exist concerning the magnitude of to compete with wolves for carrion. biologist for MTFWP (as cited by its effects on wild populations. In the Several investigators (Hornbeck and McMillion 2005, p. 1), felt that the absence of such data, modeling of the Horejsi 1986, p. 259; Kuzyk et al. 2001, existing age distribution within the effects of the disease can generate pp. 75–76; Gunther and Smith 2004, pp. herd, in which very few young animals predictions about future population 233–236) have reported grizzly bears and many old ones are present, sizes of deer and elk. The two modeling displacing wolves from carcasses and indicated that predation on elk calves exercises that have been conducted so wolves displacing grizzlies from was responsible for the decline. He far have arrived at very different carcasses. In all but a few cases, those pointed to the decline in hunting predictions. Gross and Miller (2001, p. interactions did not result in any injury permits for the Gardiner winter hunt, 213) created their model assuming that to either bears or wolves. from 2,880 permits in 2000 to 100 transmission of CWD was frequency Wilmers and his colleagues, in a permits in 2006, as providing a test of dependent (i.e., that the transmission series of papers (Wilmers et al. 2003a the hypothesis that hunting harvests rate is constant and independent of pp. 914–915; Wilmers et al. 2003b, pp. were responsible for the decline of the density) and predicted that the disease 999–1002; Wilmers and Getz 2004, pp. northern herd. Radio-telemetry studies would drive infected populations to 205–205; Wilmers and Getz 2005, p. of calf mortality suggest that grizzly local extinction. Schauber and Woolf 574; Wilmers and Post 2006, pp. 405– bears and black bears are the major (2003, pp. 611–612) noted that all 409) presented the results of modeling predators of elk calves, rather than frequency dependent models, as a exercises examining the effects of wolf wolves (Barber et al. 2005, pp. 41–43). consequence of their assumptions, reintroduction on winter carrion Whatever the cause of the decline, inevitably drive their populations to availability to several scavenger species, reduced elk numbers may have led to extinction. They felt that modeling including grizzly bears. The models minor reductions in the availability of transmission as density dependent predicted that the effect of wolves on carrion to grizzly bears. instead (i.e., transmission rates are low carrion availability would be to spread In contrast to the northern when population density is low and carrion availability over the winter. The Yellowstone elk herd, some other elk high when density is high) was a more expected distribution of carrion in the herds in the GYA where wolves exist realistic assumption. We concur with absence of wolves would be are stable to increasing. For instance, this assumption. Under the assumption concentrated in the months of March the Jackson elk herd has remained of density dependent transmission, and April, when it was of most value to around 15,000 animals since the early CWD would not result in local grizzlies. 1990s (Lubow and Smith 2004, pp. 826– extinction of deer or elk populations. One potential consequence of climate 828) and several herds to the west of the Overall, we do not anticipate that change could be a reduction in the northern Yellowstone elk herd in the either of these diseases will significantly number of elk and bison dying over- Gallatin and Madison River drainages impact the availability of ungulate winter, thus decreasing the amount of are stable to increasing (Garrott et al. carcasses to grizzly bears or impact the carrion available to bears when they 2005). With managers and scientists Yellowstone DPS such that it is likely to emerge from hibernation. Wilmers and collaborating to determine the source of become endangered within the Getz (2005, p. 574) and Wilmers and the potential population fluctuations foreseeable future in all or a significant Post (2006, p. 405) predicted that and appropriate management responses, portion of its range. The Strategy impending global climate change could we feel confident that, although

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different herds may experience differing plants due to an increased growing notoriously resourceful omnivores that population dynamics, the GYA will season (Woiwod 1997, pp. 152–153). will make behavioral adaptations continue to support large populations of Food plant distribution could be regarding food acquisition (Weaver et al. ungulates and that the Yellowstone DPS affected by shifting the range and 1996, p. 970). Diets of grizzly bears vary is not likely to become endangered in all distribution of alpine plant among individuals, seasons, and years or a significant portion of its range communities, upon which army (Mattson et al. 1991a, pp. 1625–1626; within the foreseeable future due to a cutworm moths feed. There is a Felicetti et al. 2003, p. 767; Felicetti et decrease in ungulate numbers. possibility that high elevation alpine al. 2004, p. 499; Koel et al. 2005, p. 14), The fourth important food source plant communities might disappear reflecting their flexibility in finding considered here is army cutworm entirely in the GYA, as they have been adequate food resources as necessary. moths. Army cutworm moths range predicted to do in Britain (Thomas and Mattson et al. (1991a, p. 1625) from Alberta to New Mexico and from Morris 1994, pp. 50–51). However, plant hypothesized that grizzly bears are California to Kansas. Moths begin communities in the GYA have a much always sampling new foods in small mating at high elevations, like the GYA, greater elevational range in which to quantities so that they have alternative and then deposit their eggs at low move than do alpine plants in Britain. options in years when preferred foods elevations, such as the agricultural areas Romme and Turner (1991, p. 382) are scarce. In other areas such as the where they are exposed to pesticides. predicted that alpine vegetation NCDE, where grizzly bears historically The magnitude of future pesticide use to communities in the GYA would be relied heavily on whitebark pine seeds, control moths and the potential effects reduced in overall area but not distributions and sighting records on the of pesticides on moth populations disappear entirely. Changes in the periphery of this ecosystem indicate cannot be predicted, but the potential distribution of alpine plants may not that the population, at least in those effects of pesticides on grizzly bears are affect army cutworm moths adversely areas, has continued to increase and better documented. Robison et al. (2006, since they display foraging plasticity thrive since the 1980s despite severe pp. 1708–1710) screened samples of (Burton et al. 1980, pp. 12–13). During declines in whitebark pine communities army cutworm moths for 32 pesticides years of high snow pack when talus in the last 50 years (Kendall and Keane and found either trace concentrations or slopes (where moths are normally 2001, p. 30). Similarly, although undetectable concentrations that would found) are covered with snow all whitebark pine seed production and not be harmful to grizzly bears summer, the moths must be feeding on grizzly bear use of cutthroat trout varied consuming them. The populations flowers in alternative lower elevation, dramatically in the GYA over the last Robison (2006, p. 86) examined were snow-free areas. Because moths have a three decades due to both natural and panmictic (randomly mating), which one year life cycle, they must be feeding human-introduced causes (Reinhart and indicates that army cutworm moth and reproducing in habitats other than Mattson 1990, pp. 345–349; Felicetti et populations are more likely to persist alpine areas in high snow pack years al. 2004, p. 499; Haroldson and through time than similarly-sized because they are observed in alpine Podruzny 2006, p. 45), the Yellowstone populations that are locally genetically areas in subsequent years when snow grizzly bear population has continued to more distinct (Robison 2006, p. 86). pack is not a limiting factor. Even under increase and expand during this time Robison et al. (2006, p. 86) predicted climate change scenarios in which period (Schwartz et al. 2006b, p. 66). that this type of genetic structure will alpine plants disappear entirely, it is Because of the life history strategy of act to maintain army cutworm moth likely that the lower elevation plants whitebark pine, which naturally migration patterns into the future by that support moths in high snow pack exhibits extreme annual variability in increasing population resiliency to local years would still be present. cone production, grizzly bears have weather patterns, pesticide use, and Some have suggested potentially always had to cope with a high degree habitat alteration. warmer temperatures and increased of uncertainty regarding this food Grizzly bears foraging at army winter precipitation that may result resource. The potential threat from cutworm moth aggregation sites are from climate change could positively decreases in whitebark pine cone potentially vulnerable to disturbance by affect lepidopteran (i.e., the moth and production to grizzly bears is not one of backcountry visitors. Moth aggregations butterfly order) populations (Roy et al. starvation, but one of larger home range are located on remote, high-elevation 2001, p. 214). Migratory generalist size and movements in years of low or talus slopes, where the predominant species, such as army cutworm moths, no whitebark cone production. These human visitors are rock climbers and are more likely to respond positively to movement patterns may result in hikers. In a study of Glacier National climate warming than sedentary habitat increased conflicts with humans and Park grizzly bears, White et al. (1999, p. specialists (Warren et al. 2001, p. 66). increased mortality, as well as lower 150) reported that foraging bears that However, a study of lepidopteran reproductive success the following year were disturbed by climbers spent 53 species in Britain, which may be similar as females produce smaller litters. Bear/ percent less time foraging on moths to the highly mobile army cutworm human conflicts can be reduced through during observation periods. They moths in the GYA, found that human management responses and intensified I recommended that these northern caused habitat loss (unrelated to climate & E efforts. Possible lowered Montana climbing routes be moved to change) outweighed the positive reproductive success will be detected avoid displacing foraging bears. The responses to longer and more through monitoring and mitigated in the Study Team and the WGFD will productive growing seasons (Warren et short term by reduced mortality limits cooperate to monitor currently known al. 2001, p. 67). and efforts to reduce nuisance bear moth sites, identify new moth feeding In summary, the best scientific and removals, and in the long-term by sites so that their location is known to commercial data available regarding continued whitebark pine restoration land managers, and take appropriate grizzly bear responses to food losses and habitat management enhancing management actions as necessary. suggest this issue is not a threat to the secure habitat availability in specific Climate change may affect army Yellowstone grizzly bear DPS in all or areas outside the PCA where healthy cutworm moths by changing the a significant portion of its range, nor is whitebark pine may be available. distribution of plants that the moths it likely to become one in the Although numerous alternative foods feed on or the flowering times of those foreseeable future. Grizzly bears are are available to GYA grizzly bears such

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as corms, insects, fungi, and forbs; in and distribution of the four major foods, human and ecological concerns into terms of calories or nutrition, these are the Study Team will have adequate comprehensive programs that can inferior to the four major foods information to determine if declining modify societal beliefs about, discussed above and previously in the food sources are affecting population perceptions of, and behaviors toward ‘‘Behavior’’ section. In light of the trajectory. grizzly bears. Attitudes toward wildlife potential threats to several of these If declines in any of the four major are shaped by numerous factors important, high-energy grizzly bear foods occur and, using the best available including basic wildlife values, foods, especially whitebark pine which scientific data and techniques, the biological and ecological understanding has been linked to grizzly bear survival Study Team concludes these are related of species, perceptions of individual and reproduction (Mattson et al. 1992, to significant increases in known and species, and specific interactions or p. 436; Gunther et al. 1997, p. 38; probable bear mortalities, and that such experiences with species (Kellert 1994, Gunther et al. 2004, p. 15; Mattson 2000, increases could threaten the grizzly pp. 44–48; Kellert et al. 1996, pp. 983– p. 120), we believe the best approach is population, the Study Team would 986). I & E programs teach visitors and one of adaptive management (Holling recommend appropriate management residents about grizzly bear biology, 1978, pp. 11–16). The Study Team, responses to the Coordinating ecology, and behavior enhance working with the USDA Forest Service Committee, or submission of a relisting appreciation for this large predator and National Park Service will continue petition to us (U.S. Fish and Wildlife while dispelling myths about its to monitor the abundance and Service 2007, pp. 63–67). Although we temperament and feeding habits. distribution of major grizzly bear foods believe such an outcome is unlikely, we Effective I & E programs have been an such that any decline in the grizzly bear can also relist the Yellowstone DPS essential factor contributing to the population as a result of these declines independent of the petition process. recovery of the Yellowstone grizzly bear is detected in a sufficient time and This final rule and the Conservation population since its listing in 1975. addressed through adaptive Strategy describe a comprehensive Being aware of specific values common management (Holling 1978, pp. 11–16) monitoring and management system to certain user groups will allow the I actions by the Coordinating Committee. that will be in place for the Yellowstone & E working group to disseminate Because of this flexible and responsive grizzly bear DPS upon delisting. The appropriate materials and provide management framework, we do not dynamic nature of the Conservation workshops that address particular anticipate that the Yellowstone DPS is Strategy and its regulatory framework values and concerns most adequately. likely to become endangered in all or a provide us with reasonable assurance By providing general information to significant portion of its range in the that the Yellowstone DPS is not likely visitors and targeting specific user foreseeable future due to changes in its to become endangered in all or a groups about living and working in food sources. significant portion of its range in the grizzly country, we believe continued foreseeable future. coexistence between grizzly bears and The Study Team monitors grizzly bear Human Attitudes Toward Grizzly Bear humans will be accomplished. mortality in relation to the abundance Recovery and I & E Efforts to Improve Traditionally, residents of the GYA and distribution of all four of the major these Attitudes—Public support is involved in resource extraction foods using measurable criteria. For paramount to any successful large industries such as loggers, miners, instance, increases in mortality rates of carnivore conservation program livestock operators, and hunting guides, radio-collared independent females are (Servheen 1998, p. 67). Historically, are the largest opponents to land-use measurable criteria that could reflect human attitudes played a primary role restrictions which place the needs of the decreases in food availability. Because in grizzly bear population declines grizzly bear above human needs (Kellert there were no known natural mortalities through excessive human-caused 1994, p. 48; Kellert et al. 1996, p. 984). of independent adult females from 1983 mortality. Through government- Surveys of these user groups have to 2001 (Interagency Grizzly Bear Study endorsed eradication programs and shown that they tolerate large predators Team 2005, p. 35), any change in this perceived threats to human life and when they are not seen as direct threats value will be noteworthy and will be economic livelihood, humans settling to their economic stability or personal investigated thoroughly by the Study the West were able to effectively freedoms (Kellert et al. 1996, p. 985). Team to determine whether it is eliminate most known grizzly Delisting could increase acceptance of reflective of a landscape-scale trend or populations after only 100 years of grizzly bears by giving local government simply an isolated event. Significant westward expansion. and private citizens more discretion in declines in important foods also could We have seen a change in public decisions which affect them. Increased result in reductions in cub production perceptions and attitudes toward the flexibility regarding depredating bears and increases in cub mortality over grizzly bear in the last several decades. in areas outside of the PCA may current rates of 0.362. The Study Team The same government that once increase tolerance for the grizzly bear by not only monitors survival but also financially supported active landowners and livestock operators. reproductive population parameters extermination of the bear now uses its Ultimately, the future of the grizzly such as litter size and cub survival that resources to protect the great symbol of bear will be based on the people who are more sensitive to decreases in food American wildness. This change in live, work, and recreate in grizzly quality and quantity. Because human- government policy and practice is a habitat and the willingness and ability caused mortality, natural mortality of product of changing public attitudes of these people to learn to coexist with radio-collared bears, and numbers of about the grizzly bear. Although the grizzly and to accept this animal as cubs, and cub survival rates are all attitudes about grizzlies vary a cohabitant of the land. Other measurable criteria monitored annually geographically and demographically, management strategies are unlikely to by the Study Team, any biologically there has been a revival of positive succeed without useful and innovative significant decline in important foods attitudes toward the grizzly bear and its public I & E programs. The primary also would be reflected in changes in conservation (Kellert et al. 1996, pp. objective of the expanded public these measurable population 983–986). outreach program will be to proactively parameters. When combined with data Public outreach presents a unique address grizzly/human conflicts by collected annually about the quantity opportunity to effectively integrate educating the public as to the root

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causes of these conflicts and providing necessary. All three States have been compensate livestock operators for suggestions on how to prevent them. By actively involved in I & E outreach for losses due to grizzly bears while increasing awareness of grizzly bear over a decade and their respective MTFWP focuses on preventing such behavior and biology, we hope to management plans contain chapters conflicts. However, when Defenders of enhance public involvement and detailing efforts to continue current Wildlife expanded their compensation appreciation of the grizzly bear. programs and expand them when program to include the GYA, they Although many human-caused grizzly possible. For example, WGFD created a agreed to do so while the grizzly bear bear mortalities are unintentional (e.g., formal human/grizzly bear conflict was listed under the Act. Internal vehicle collisions, trap mortality), management program in July 1990 and discussions within Defenders of intentional deaths in response to grizzly has coordinated an extensive I & E Wildlife have begun to determine bear/human conflicts are responsible for program since then. Similarly, since whether their compensation program the majority of known and probable 1993, the MTFWP has implemented will continue in the Montana portion of human-caused mortalities. Fortunately, countless public outreach efforts to the GYA after delisting occurs (Clark this source of mortality can be reduced minimize bear/human conflicts, and the 2006). significantly if adequate I & E is IDFG has organized and implemented Summary of Factor E—Overall, these provided to people who live, work, and education programs and workshops natural and manmade factors (genetic recreate in occupied grizzly bear habitat. focused on private and public lands on concerns; invasive species, disease, and The current I & E working group has the western edge of grizzly bear habitat. other potential impacts to food supply; and human attitudes toward grizzly bear been a major component contributing to Compensating ranchers for losses the successful recovery of the recovery and I & E efforts to improve caused by grizzly bears is another Yellowstone grizzly bear population these attitudes), have the potential to be approach to build support for over the last 30 years. Both Federal and a threat to the Yellowstone grizzly bear coexistence between livestock operators State management agencies are DPS in all or a significant portion of its and grizzly bears. In cases of grizzly committed to continuing to work with range in the foreseeable future. Through bear livestock depredation that have citizens, landowners, and visitors careful monitoring and adaptive been verified by USDA Animal and within the Yellowstone DPS boundaries management (Holling 1978, pp. 11–16) Plant Health Inspection Service Wildlife to address the human sources of practices, the Study Team and the States Services, IDFG, MTFWP, or WGFD, conflicts. will be able to identify and address From 1980 through 2002, at least 36 affected livestock owners are these concerns before they become percent (72 out of 196) of human-caused compensated. Since 1997, compensation problems for the Yellowstone grizzly mortalities could have been avoided if in Montana and Idaho has been bear at a population level. All of these adequate I & E materials had been provided primarily by private issues have been scientifically presented, understood, and used by organizations, principally Defenders of researched and considered so that an involved parties (Servheen et al. 2004, Wildlife. The Defenders of Wildlife’s adequate management framework is in p. 15). Educating back-country and Grizzly Bear Compensation Trust has place to respond to future concerns as front-country users about the paid over $140,721 to livestock they arise. Due to the large amount and importance of securing potential operators within the Yellowstone DPS wide distribution of quality suitable attractants can prevent bears from boundaries and in the northern Rockies habitat (46,035 sq km (17,774 sq mi)), becoming food conditioned and for confirmed and probable livestock the protected status of large areas of displaying subsequent unnaturally losses to grizzly bears (Johnson 2006). In high elevation whitebark pine stands aggressive behavior. Similarly, adhering Wyoming, compensation has always not projected to be substantially to hiking recommendations, such as been paid directly by the State. Upon impacted by future mountain pine making noise, hiking with other people, delisting both Idaho and Wyoming’s beetle infestations, the maintenance of and hiking during daylight hours, can grizzly bear management plans provide grizzly bears within the PCA as a source further reduce back-country grizzly bear for State funding of compensation population for peripheral areas and mortalities by decreasing the likelihood programs (Idaho’s Grizzly Bear Delisting potential dispersers to other grizzly bear that hikers will encounter bears. Advisory Team 2002, p. 16; WGFD populations, the secure nature of the Hunter-related mortalities may 2005, p. 30). In Idaho, compensation PCA for potential immigrants to the involve hunters defending their life or funds will come from the secondary GYA from other grizzly bear property because of carcasses that are depredation account, and the program populations, and the commitment by left unattended or stored improperly. will be administered by the appropriate the responsible agencies to the Grizzly bear mortalities also occur when IDFG Regional Landowner Sportsman maintenance of a recovered Yellowstone hunters mistake grizzly bears for black Coordinators and Regional Supervisors grizzly bear DPS, we do not anticipate bears. All of these circumstances can be (Idaho’s Grizzly Bear Delisting Advisory that genetic isolation, decreases in major further reduced with enhanced I & E Team 2002, p. 16). In Wyoming, the foods, or human attitudes toward grizzly programs. WGFD will pay for all compensable bears will substantially adversely Outside the PCA, State wildlife damage to agricultural products as impact the Yellowstone DPS. Therefore, agencies recognize that the key to provided by State law and regulation these issues will not impact the preventing grizzly bear/human conflicts (WGFD 2005, p. 30). The WGFD will Yellowstone DPS such that it is likely to is providing I & E to the public. State continue efforts to establish a long-term become endangered within the grizzly bear management plans also funding mechanism to compensate foreseeable future throughout all or a acknowledge that this is the most property owners for livestock and apiary significant portion of its range. effective long-term solution to grizzly losses caused by grizzly bears. The bear/human conflicts and that adequate Montana State management plan does Conclusion of the 5-Factor Analysis public outreach programs are not include a funding mechanism to As demonstrated in our 5-factor paramount to ongoing grizzly bear compensate confirmed grizzly bear analysis, threats to this population have survival and successful coexistence livestock losses, so MTFWP will been sufficiently minimized over the with humans in the GYA so that the continue to rely on Defenders of entire current and foreseeable range of measures of the Act continue to not be Wildlife and other private groups to the Yellowstone grizzly bear DPS

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including all ‘‘suitable habitat’’ within Park Superintendent’s Compendiums, p. 16) to 234 (Cowan et al. 1974, pp. 32, the DPS boundaries, and there is no thereby assuring that these National 36) to 312 (McCullough 1981, p. 175) significant portion of the range where Parks would manage habitat in individuals when listed in 1975 to more the DPS remains threatened or accordance with the habitat standards than 500 animals as of 2005 endangered. (Grand Teton National Park 2006, p. 1; (Interagency Grizzly Bear Study Team Regarding Factor A, the habitat-based Yellowstone National Park 2006, p. 44). 2006, p. 15). recovery criteria have been maintained The State and Federal agencies’ At the end of 2006, the number of inside the PCA since 1998 and they will agreement to implement the Strategy’s unduplicated females with cubs-of-the- continue to be maintained in perpetuity extensive guidelines inside the PCA, the year over a 6-year average both inside through implementation of the Strategy. USDA Forest Service’s decision to the Recovery Zone and within a 16-km The PCA will continue to serve as a classify the grizzly bear in the GYA as (10-mi) area immediately surrounding source area for grizzly bears to expand a species of concern, and the State the Recovery Zone was 41, more than into peripheral areas and unoccupied management plans ensure that adequate 2.7 times the Recovery Plan target of 15. suitable habitat. The PCA will also be regulatory mechanisms remain in place The Recovery Plan target for the number important in achieving connectivity in all significant portions of the of unduplicated females with cubs-of- with other grizzly bear populations as it Yellowstone DPS’ range and that it is the-year (15) has been exceeded since provides potential dispersers to other not likely to become endangered within 1988. In 2006, the 1-year total of ecosystems outside the DPS boundaries the foreseeable future throughout all or unduplicated females with cubs-of-the- and functions as secure habitat for a significant portion of its range. year within the entire GYA was 47 immigrants from other grizzly bear Regarding Factor E, the Service (Haroldson 2006a). populations. Threats to suitable habitat concludes other natural and manmade Within the Recovery Zone, the outside the PCA also have been factors are not a current threat nor will distribution of females with young, sufficiently minimized by the they be in the foreseeable future due to based on the most recent six years of commitment of the USDA Forest Service widely distributed, high-quality suitable observations in the ecosystem, was 18 to manage National Forest lands in the habitat that is protected by regulatory out of 18 bear management units at the GYA such that a recovered Yellowstone mechanisms. Intensive annual end of 2004. The range of this grizzly bear population will be monitoring of multiple indices population also has increased maintained (USDA Forest Service combined with the adaptive dramatically, as evidenced by the 48 2006b; pp. 4, 26). Outside of the PCA, management approach will assure that percent increase in occupied habitat grizzly bears will be allowed to expand isolation (i.e., genetic diversity or a lack since the 1970s (Schwartz et al. 2002, p. into suitable habitat, as per direction in of gene flow), threats to foods, and 203; Pyare et al. 2004, p. 5–6; Schwartz the State management plans. High- human attitudes will not impact the et al. 2006b, pp. 64–66). Furthermore, quality, suitable habitat is widely Yellowstone DPS such that it is likely to the Yellowstone grizzly bear population distributed throughout the GYA, become endangered within the continues to expand its range and providing ecological resilience for the foreseeable future throughout all or a distribution today. Currently, roughly Yellowstone DPS to respond to significant portion of its range. 84 to 90 percent of the sightings of environmental changes. Therefore, Our current knowledge of the health females with cubs are within the PCA sufficient habitat exists to ensure that and condition of the Yellowstone and about 10 to 16 percent of females the Yellowstone grizzly bear DPS is not grizzly bear DPS illustrates that it is with cubs have expanded out beyond likely to become endangered within the now a recovered population. Counts of the PCA within the DPS (Schwartz et al. foreseeable future throughout all or a unduplicated females with cubs-of-the- 2006b, pp. 64–66). Grizzly bears now significant portion of its range. year have increased (Knight et al. 1995, occupy 68 percent of suitable habitat Regarding Factor B and C, all p. 247; Haroldson and Schwartz 2002, p. within the DPS and will likely occupy demographic criteria relating to 16; Haroldson 2006a), and counts of the remainder of the suitable habitat sustainable mortality have been, and cubs have increased (Knight and within the DPS within the foreseeable will continue to be, met (Schwartz, in Blanchard 1995, p. 9; Knight and future. The Yellowstone DPS now has press). The threat of overutilization due Blanchard 1996, p. 8; Knight et al. 1997, sufficient numbers and distribution of to commercial, recreational, scientific, p. 2; Haroldson et al. 1998, p. 8; reproductive individuals to ensure that or education purposes has been Haroldson 1999, p. 10; Haroldson 2000, it is not likely to become endangered removed through cooperation among p. 11; Haroldson 2001, p. 14; Haroldson within the foreseeable future throughout management agencies that ensures a and Schwartz 2002, p. 16; Haroldson all or a significant portion of its range. consistent approach to mortality 2003, p. 16; Haroldson 2004, p. 11; Applying the current mortality limits management. Sustainable mortality Haroldson 2006b, p. 12). Grizzly range (Interagency Grizzly Bear Study Team limits, coordinated conflict management and distribution has expanded (Basile 2005, pp. 6–9) to the 1999 to 2006 protocols, and conflict prevention 1982, pp. 3–10; Blanchard et al. 1992, p. period, the sustainable mortality limits programs ensure that the Yellowstone 92; Schwartz et al. 2002, p. 203; Pyare have not been exceeded for 3 DPS is not likely to become endangered et al. 2004, pp. 5–6; Schwartz et al. consecutive years for males, for 3 within the foreseeable future throughout 2006b, pp. 64–66). Calculations of consecutive years for dependent young, all or a significant portion of its range. population trajectory derived from or for 2 consecutive years for Regarding Factor D, the USDA Forest radio-monitored female bears independent females (Schwartz, in Service finalized the Forest Plan demonstrate an increasing population press). The main threat of human Amendment for Grizzly Bear Habitat trend at a rate of 4 to 7 percent per year predation has been addressed through Conservation for the GYA National between 1983 and 2002 (Eberhardt et al. carefully monitored and controlled Forests and has incorporated this 1994, p. 362; Knight and Blanchard mortality limits established in the Amendment into the affected National 1995, pp. 18–19; Harris et al. 2006, p. Strategy (U.S. Fish and Wildlife Service Forests’ Land Management Plans (USDA 48), due in large part to control of 2007, p. 126) and annually monitored Forest Service 2006b, p. 4). Yellowstone female mortality. In total, this and reported by the Study Team and Grand Teton National Parks population has increased from estimates (Interagency Grizzly Bear Study Team appended the habitat standards to their ranging from 229 (Craighead et al. 1974, 2005, pp. 6–9). In addition, I & E is a

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main component of the program to section 7 of the Act to ensure that any DPS boundaries, locations of grizzly reduce grizzly bear/human conflicts. action authorized, funded, or carried out bear mortalities on private lands will be The Yellowstone DPS now has by them is not likely to jeopardize the provided to the Study Team for sufficient control of mortality to ensure species’ continued existence. However, incorporation into their Annual Report. that it is not likely to become actions within the PCA will still be Full implementation of the Strategy by endangered within the foreseeable regulated by over 70 State and Federal State and Federal agencies will allow for future throughout all or a significant laws, regulations, and policies ensuring a sustainable population by managing portion of its range. enforcement of the Strategy. Delisting all suitable habitat. The Act defines a threatened species the Yellowstone grizzly bear DPS is Within the Primary Conservation as one that is likely to become expected to have positive effects in Area—As discussed in previous endangered in the foreseeable future terms of management flexibility to the sections, habitat criteria established for throughout all or a significant portion of States and local governments. the Yellowstone grizzly bear population its range. The Act defines an However, the full protections of the will be monitored carefully and any endangered species as one that is likely Act will still continue to apply to deviations from these will be reported to become extinct in the foreseeable grizzly bear in other portions of the annually. The number and levels of future throughout all or a significant lower 48-States outside the Yellowstone secure habitat, developed sites, and portion of its range. Based on the best DPS. Those grizzly bears will remain livestock allotments will not be allowed scientific and commercial information fully protected by the Act. There is no to deviate from 1998 baseline measures available, we have determined that the designated critical habitat for this in accordance with the implementation Yellowstone grizzly bear DPS is species. protocols in the Strategy. recovered and no longer meets the Act’s The Study Team will prepare Annual Post-Delisting Monitoring Plan definition of threatened or endangered. Reports summarizing the habitat criteria Therefore, we are hereby delisting the Section 4(g)(1) of the Act requires us, and population statistics. The Study Yellowstone grizzly bear DPS. in cooperation with the States, to Team will be responsible for counting implement a monitoring program for not the number of unduplicated females Petition Finding less than 5 years for all species that have with cubs-of-the-year and monitoring Additionally, we announce a 90-day been recovered and delisted. The mortality, distribution, and the presence finding on a petition (submitted during purpose of this requirement is to of alleles from grizzly populations the public comment period for the develop a program that detects the outside the Yellowstone DPS proposed rule) to list the Yellowstone failure of any delisted species to sustain boundaries to document gene flow into grizzly bear population as endangered itself without the protective measures the population (U.S. Fish and Wildlife on the Federal List of Endangered and provided by the Act. If, at any time Service 2007, pp. 155–156, Appendix I). Threatened Wildlife under the Act and during the monitoring period, data To examine reproductive rates, survival to designate critical habitat. We indicate that protective status under the rates, causes of death, and overall reviewed the petition to list the Act should be reinstated, we can initiate population trends, the Study Team will Yellowstone DPS of grizzly bears and listing procedures, including, if strive to radio collar and monitor a the literature cited in the petition, and appropriate, emergency listing. minimum of 25 adult female grizzly evaluated that information in relation to To further ensure the long-term bears at all times. These bears will be other pertinent literature and conservation of adequate grizzly bear spatially distributed throughout the information available to us. All habitat and continued recovery of the ecosystem as determined by the Study assertions of this petition are addressed Yellowstone grizzly bear population, Team. either in the Summary of Public several monitoring programs and The Study Team, with participation Comments and in the 5-factor analysis protocols have been developed and from Yellowstone National Park, the sections of this final rule, or in the integrated into land management agency USDA Forest Service, and State wildlife Reassessing Methods Document’s issues planning documents. The Strategy and agencies, also will monitor grizzly bear and responses summary. After this appended State grizzly bear habitats, foods, and impacts of humans. review and evaluation, we find that the management plans effectively satisfy the Documenting the abundance and petition and additional information in requirements for having a Post-Delisting distribution of the major foods will be our files did not present substantial Monitoring Plan for the Yellowstone an integral component of monitoring information indicating that listing the DPS. Monitoring programs, which we within the PCA as it allows managers Yellowstone grizzly bear population as anticipate will be continued in some degree of predictive power to endangered may be warranted. perpetuity, will focus on assessing anticipate and avoid grizzly bear/human Therefore, we are not initiating a status whether demographic standards and conflicts related to a shortage of one or review in response to this petition. habitat criteria described in the Strategy more foods. Major foods, habitat value, are being achieved. A suite of indices and habitat effectiveness will be Effects of the Rule will be monitored simultaneously to monitored according to Appendices E Promulgation of this final rule will provide a highly sensitive system to and I in the Strategy, and as described affect the protections afforded to the monitor the health of the population in Factor A of this final rule. Yellowstone grizzly bear DPS under the and its habitat and to provide a sound Outside of the Primary Conservation Act. Taking, interstate commerce, scientific basis to respond to any Area—Although State management import, and export of grizzly bears from changes or needs with adaptive plans are the guiding documents for the Yellowstone DPS are no longer management actions (Holling 1978, pp. management of the Yellowstone grizzly prohibited under the Act. Other State 11–16). More specifically, monitoring bear DPS outside of the PCA upon and Federal laws will still regulate take. efforts will document population trends, delisting, habitat management will In addition, with the removal of the distribution, survival and birth rates, primarily be the responsibility of the Yellowstone grizzly bear DPS from the and the presence of alleles from grizzly GYA National Forests. State wildlife List of Endangered and Threatened populations outside the Yellowstone agencies will be responsible for Wildlife, Federal agencies are no longer DPS boundaries to document gene flow monitoring population parameters in required to consult with us under into the population. Throughout the areas outside of the PCA. The GYA

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National Forests will be responsible for key wildlife habitats in southwestern would allow wildlife and land managers monitoring agreed-upon habitat Montana, working closely with private to identify and address potential threats parameters in suitable habitat outside landowners to conserve private lands preemptively thereby, allowing those the PCA, as defined by State via lease, conservation easements, or fee managers and us to be certain that the management plans, and will calculate title acquisition. Yellowstone grizzly bear population secure habitat values outside of the PCA In Wyoming, the WGFD will establish remains a recovered population. every two years and submit these data grizzly bear management units to collect for inclusion in the Study Team’s and analyze demographic and Paperwork Reduction Act annual report (USDA Forest Service distributional data. Habitat standards This rule does not contain any new 2006b, p. 6). The GYA National Forests will be monitored in a manner collections of information other than also will monitor and evaluate livestock consistent with those already in place those already approved under the allotments for recurring conflicts with for other wildlife and will not focus Paperwork Reduction Act (44 U.S.C. grizzly bears in suitable habitat outside specifically on the habitat needs of 3501 et seq.) and assigned Office of the PCA as defined in the State plans grizzly bears. The WGFD will evaluate Management and Budget (OMB) control (USDA Forest Service 2006b, p. 6). The the effects of existing and proposed number 1018–0094, which expires on GYA National Forests will be human activities in important wildlife September 30, 2007. An agency may not responsible for monitoring whitebark habitat and work with land management conduct or sponsor, and a person is not pine occurrence, productivity, and and transportation agencies to ensure required to respond to, a collection of health in suitable habitat outside the that projects do not adversely affect the information unless it displays a PCA (USDA Forest Service 2006b, p. 7). grizzly bear population. Specifically, the currently valid OMB control number. All three States will document sightings WGFD will—(1) identify and evaluate For additional information concerning of females with cubs and provide this the site-specific and cumulative effects permit and associated requirements for information to the Study Team. Finally, of proposed projects; (2) monitor and endangered species, see 50 CFR 17.21 State wildlife agencies will provide recommend changes, if justified, in and 17.22. known mortality information to the human activities on seasonally Study Team, which will annually important wildlife habitats; (3) National Environmental Policy Act summarize this data with respect to minimize road and site construction We have determined that location, type, date of incident, and the impacts on wildlife habitat; (4) Environmental Assessments and sex and age of the bear for the DPS area. encourage the use of native vegetation Environmental Impact Statements, as In Idaho, the IDFG will be responsible in rehabilitation projects; (5) encourage defined under the authority of the for monitoring population trends and land management agencies to manage NEPA, need not be prepared in habitat parameters. Outside of the PCA, for open road densities of no more than connection with actions adopted the IDFG will establish data analysis 1.6 km/2.6 sq km (1 mi/sq mi) which pursuant to section 4(a) of the Act. A units to facilitate monitoring of grizzly benefit a suite of wildlife species; (6) notice outlining our reasons for this bear distribution, abundance, and recommend seasonal road closures determination was published in the mortality. Habitat criteria will be when warranted; (7) encourage the Federal Register on October 25, 1983 monitored within each unit but will not USDA Forest Service and BLM to (48 FR 49244). be established strictly for grizzly bears. enforce off road/trail motorized use Instead, habitat standards will be restrictions; and (8) focus on improving Executive Order 13211 incorporated into current management habitat quality in areas of habitually On May 18, 2001, the President issued plans for other game species. However, high human-caused grizzly bear Executive Order 13211 on regulations the IDFG will monitor food sources for mortality (WGFD 2005, pp. 22–25). In that significantly affect energy supply, grizzly bears including elk, deer, moose, addition, the WGFD will work with the distribution, and use. Executive Order Kokanee salmon, and cutthroat trout. USDA Forest Service to monitor bear 13211 requires agencies to prepare The IDFG also will encourage and work use of army cutworm moths and the Statements of Energy Effects when with other land management agencies overall status and health of whitebark undertaking certain actions. As this on public lands to monitor wetland and pine (WGFD 2005, p. 22). final rule is not expected to significantly riparian habitats, whitebark pine Monitoring systems in the Strategy affect energy supplies, distribution, or production, important berry-producing allow for adaptive management (Holling use, this action is not a significant plants, and changes in motorized access 1978, pp. 11–16) as environmental energy action and no Statement of route density. On private lands, the issues change. The agencies have Energy Effects is required. IDFG will work with citizens, counties, committed in the Strategy to be and other agencies to monitor responsive to the needs of the grizzly References Cited development activities and identify bear through adaptive management A complete list of all references cited important spring habitat for grizzly (Holling 1978, pp. 11–16) actions based herein is available upon request from bears, then work with landowners to on the results of detailed annual the Grizzly Bear Recovery Coordinator minimize impacts to bears. population and habitat monitoring. (see ADDRESSES above). In Montana, the MTFWP will monitor These monitoring efforts would reflect List of Subjects in 50 CFR Part 17 populations using data from research, the best scientific and commercial data distribution changes, DNA samples, and any new information that has Endangered and threatened species, confirmed sightings, and known become available since this delisting Exports, Imports, Reporting and mortalities. The MTFWP will collect determination. The entire process recordkeeping requirements, and analyze habitat data and monitor would be dynamic so that when new Transportation. habitat changes pertaining to key grizzly science becomes available it will be Regulation Promulgation bear foods, road densities, road incorporated into the management construction and improvements, and planning and monitoring systems I Accordingly, we amend part 17, coal bed methane activities. In addition, outlined in the Strategy (U.S. Fish and subchapter B of chapter I, title 50 of the the MTFWP will continue to use Wildlife Service 2007, pp. 5–6). The Code of Federal Regulations as set forth statewide habitat programs to conserve results of this extensive monitoring below:

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PART 17—[AMENDED] I 2. Amend § 17.11(h) by revising the § 17.11 Endangered and threatened listing for ‘‘Bear, grizzly’’ under wildlife. I 1. The authority citation for part 17 ‘‘MAMMALS’’ in the List of Endangered * * * * * continues to read as follows: and Threatened Wildlife to read as (h) * * * Authority: 16 U.S.C. 1361–1407; 16 U.S.C. follows: 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted.

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

MAMMALS

******* Bear, grizzly ...... Ursus arctos North America ...... U.S.A., T 1, 2D, 9, NA 17.40(b) horribilis. conterminous 759 (lower 48) States, except—(1) where listed as an exper- imental popu- lation; and (2) that portion of Idaho that is east of Interstate Highway 15 and north of U.S. Highway 30; that portion of Montana that is east of Interstate Highway 15 and south of Interstate Highway 90; that portion of Wyo- ming south of Interstate Highway 90, west of Inter- state Highway 25, Wyoming State Highway 220, and U.S. Highway 287 south of Three Forks (at the 220 and 287 intersec- tion), and north of Interstate Highway 80 and U.S. High- way 30. Do ...... do ...... do ...... U.S.A. (portions of XN 706 NA 17.84(l) ID and MT, see 17.84(l)).

*******

Dated: March 20, 2007. H. Dale Hall, Director, Fish and Wildlife Service. [FR Doc. 07–1474 Filed 3–23–07; 8:45 am] BILLING CODE 4310–55–P

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