A dead grizzly bear found shot along Deep Lake Trail on May 30 is the most recent example of increased human/bear conflicts in Park County. The U.S. Fish and Wildlife Service is looking for legal answers, but one issue raised is the increasing density of the apex predators — which in turn raises the likelihood of conflicts as outdoor recreation in the species' habitat — has also been increasing.

The service is offering a reward for information that leads to the arrest, and or, charges being filed against a responsible party for the unreported killing. Weeks later the service is still looking for answers, said FWS spokesperson Tina Shaw.

"There have not been any developments," she said Wednesday in an interview with the Tribune. "This could take a long time."

Offering a reward may be their last hope in solving the case along the isolated, yet popular mountain trail. The path offers stunning scenery, including views of Deep Lake, Temple Lake, and the Cirque of the Towers.

"Many of our law enforcement investigations are solved because people who see unlawful activities reach out to us or their local game warden. In tandem to this community effort, we established the use of financial rewards to people who provide critical information. This program allows us to thank everyday people who help us investigate and stop these crimes, all while protecting their anonymity in the process," Shaw wrote in a press release last week.

The issue points to one of the most difficult issues in the proper management of brown bears; tolerance of the protected species as more bears fight for habitat on the landscape. The on again, off again listing for protections under the Endangered Species Act of the grizzly bear challenges both state and federal officials.

Grizzly deaths

In Wyoming, state big game biologists do most of the hands-on management while in constant communication with FWS officials. Most, if not all lethal removals of "conflict" grizzly bears are physically done by Game and Fish large predator team members. Historically, the majority of lethal removals in the three-state Greater Yellowstone Ecosystem happen in the Cowboy State.

The current list of known and probable grizzly bear mortalities in the GYE published by the U.S. Geological Survey shows 31 mortalities, the bulk of which are removals including 21 mortalities in Wyoming. About 67% of the probable mortalities in Wyoming were removals from the ecosystem. The numbers of removals are actually down from this time last year. In 2024, there were 70 known or probable mortalities.

The USGS's Interagency Grizzly Bear Study Team research supervisor Frank T. van Manen explained that removals are necessary in management of the species, and near record years like 2024 are often followed by a lull in removals.

"There is sometimes a cyclic pattern with livestock depredations; removing depredating bears tends to be an effective strategy and typically reduces such conflicts in several subsequent years, after which new bears may move into the same area and the cycle starts anew," he said.

The data shows 2024 may be the peak of such a cycle, and with possible added effects of drought conditions, livestock depredations become a major challenge for managers, he said. However, it also points to increased future management issues caused by an increasing population in a changing environment.

"Although we did not document expansion of occupied range from 2020 to 2022, we did document continued population growth. This likely translates to a higher density of grizzly bears in occupied range outside the DMA [Demographic Monitoring Area], where mortality risks are higher compared with areas inside the DMA," van Manen said in an interview last year.

This trend of more conflicts and mortalities outside the DMA started around 2010, he contends, and continues to date — this year fits that pattern. The reason for the higher mortality risk is that habitat quality in areas outside the DMA is lower, he said, is there are higher levels of human influence.  

An accurate count of grizzly bears outside the DMA has never been issued. There are no funds available to do regular population surveillance.

That said, with a population of over 1,000 individuals inside the DMA, several officials have said the population outside the DMA could be as high as 40% of those making their homes in protected habitat.

Attempts to delist

Several legal attempts and lawsuits have been and continue to be made to wrest management of the species away from the federal government. The most recent is a bill introduced by Rep. Harriet Hageman (R-Wyo.) directing the Secretary of the Interior to reissue, within 180 days of enactment, the 2017 federal rule that removed the Greater Yellowstone Ecosystem (GYE) grizzly bear from the endangered species list.

Late last year, the FWS finalized a species status assessment for grizzly bears finding that decreased conservation measures for grizzlies in the Greater Yellowstone Ecosystem would threaten their viability, resiliency and ultimately recovery. The service thus concluded that the best available science requires the GYE population to remain listed as threatened under the ESA.

Since the species status assessment was published, the Trump administration has proposed rolling back habitat protections under the Endangered Species Act; fast-tracking mining and logging, including in grizzly bear habitat; and eliminating protections for roadless areas that form the secure core habitat for grizzly bears. Hageman's bill seeks to reverse the 2017 ruling that relisted the species just prior to Wyoming offering a modest amount of trophy hunting permits.

The chances of this proposal being passed is much higher after the Trump administration took office and Republicans have the majority in both the House and Senate. Interior Secretary Doug Burgum has already expressed fealty with those seeking to delist the species.

"We should be celebrating when species come off the endangered species list as opposed to fighting every way we can to try to keep them on that list," Burgum said in January, shortly after taking office.

One caveat to Hageman's bill would make this effort different from the rest. The Grizzly Bear State Management Act, if passed, would be exempt from judicial review, "effectively blocking any court challenges to the delisting decision," Hageman said in an email explaining why she thinks the issue matters.

"The GYE grizzly has far surpassed its recovery benchmarks, growing well beyond the 500‑bear target to an estimated 1,100 bears. As per the plain language of the ESA, the grizzly is no longer threatened and should be delisted, thereby returning management authority to state wildlife agencies, which in this case is the Wyoming Game and Fish Department," Hageman added.

On July 15, Hageman doubled down on pushing the bill through committees with the judicial exemption, saying "Congress speaking directly on this issue would help ensure that the decision to delist the bears won’t be struck down by a court, something which is always a possibility when a court is reviewing an administrative action. In fact, the bill has express language that says the reissuance of the rule shall not be subject to judicial review."

This legislation prioritizes state jurisdiction and local expertise in wildlife oversight, according to the legislation wording. It also acknowledges Wyoming’s long-term investment in the grizzly population. The state has spent well more than $70 million in the past 40-plus years.

"Wyoming is at the forefront of grizzly bear conservation. With the population in the Greater Yellowstone Ecosystem now exceeding 1,000 bears, well above the recovery goal of 500, the State of Wyoming is well-equipped to effectively manage this species," Hageman wrote. "Transferring management authority back to Wyoming allows for more responsive and localized decision-making, addressing issues such as human-bear conflicts and habitat preservation more efficiently."

The Grizzly Bear State Management Act "empowers Wyoming to take charge of its wildlife conservation efforts, ensuring the continued success of grizzly bear recovery and fostering economic growth through responsible management," according to the congresswoman's message.

"States where the bears are located have been putting up millions of their own dollars to help the bears recover with the hope that they will be permanently delisted and regulatory burdens will be lifted. They shouldn’t have to waste resources on a goal that has already been achieved," she said in a July 14 press release.

The bill's slow roll through Congress includes its introduction in the House, referral to several committees, and markup by the Committee on Natural Resources. The committee voted to move the bill forward by a slim vote of 20 yeas and 19 nays. The bill is co-sponsored by Reps. Ryan Zinke (R-Mont.), Russ Fulcher (R-Idaho), Pete Stauber (R-Minn.) and Troy Downing (R-Mont.).

Democrats on the committee pushed back against the proposed legislation, arguing that the proposal could jeopardize the continued recovery of the species.

The court ruling that vacated the 2017 delisting rule cited the federal government’s “failure to consider long term genetic effects on other populations and concerns that the decision was driven by political pressure … instead of the best available science,” said ranking member Rep. Jared Huffman (D-Calif.).

To report information regarding the death of this bear, or any other wildlife crimes, call the U.S. Fish and Wildlife Service in Cody at 307-527-7604, or the Wyoming Game and Fish Department Cody Regional Office at 307-527-7125. The department will apply applicable legal protections to anyone providing information used during the investigation. For more information on reporting a crime: fws.gov/story/how-report-wildlife-crime.