[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Proposed Rules]
[Pages 1922-1936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31202]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 16
[Docket No. FWS-HQ-FAC-2024-0060; FXFR13360900000-245-FF09F14000]
RIN 1018-BH15
Injurious Wildlife Species; Listing Two Freshwater Mussel Genera
and One Crayfish Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
all species of freshwater mussels from two genera, Asian pond mussels
(Sinanodonta species) and golden mussels (Limnoperna species), to the
list of injurious mollusks. Additionally, the Service proposes to add
marbled crayfish (Procambarus virginalis) to the list of injurious
crustaceans. Listing these taxa as injurious will prohibit the
importation of any live animal, larvae, viable egg, or hybrid of these
taxa into the United States, except as specifically authorized. These
listings would also prohibit shipment of any live animal, larvae,
viable egg, or hybrid of these species between the continental United
States, District of Columbia, Hawaii, Commonwealth of Puerto Rico, or
any territory or possession of the United States, except as
specifically authorized. The action is necessary to protect wildlife
and wildlife resources by preventing the introduction and subsequent
establishment of these foreign aquatic invertebrates into ecosystems of
the United States.
DATES: We will accept comments received or postmarked on or before
March 11, 2025.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-FAC-2024-0060,
which is the docket number for this proposed rule. You may submit a
comment by clicking on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-HQ-FAC-2024-0060, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by one of the methods
described above. We will post all comments on https://www.regulations.gov, meaning that we will generally post any personal
information you provide (see Public Comments, below, for more
information). This proposed rule and all supporting documentation,
including the environmental action statement and references cited in
this proposed rule, are available on https://www.regulations.gov in
Docket No. FWS-HQ-FAC-2024-0060.
FOR FURTHER INFORMATION CONTACT: Kristen Sommers, Injurious Wildlife
Listing Coordinator, U.S. Fish and Wildlife Service, Branch of Aquatic
Invasive Species; MS: FAC, 5275 Leesburg Pike, Falls Church, VA 22041-
3803; by telephone at 571-329-2214. Individuals in the United States
who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services. Individuals outside the United States should use the
relay services offered within their country to make international calls
to the point of contact in the United States. Please see Docket No.
FWS-HQ-FAC-2024-0060 on https://www.regulations.gov for a document that
summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Executive Summary
The U.S. Fish and Wildlife Service (Service) proposes to add the
genus of Asian pond mussels (Sinanodonta), the genus of golden mussels
(Limnoperna), and the marbled crayfish (Procambarus virginalis) to the
list of injurious wildlife in title 50 of the Code of Federal
Regulations (CFR) at Sec. 16.13 (50 CFR 16.13). This action would
prohibit these genera and species from being imported into the United
States and shipped between the continental United States, District of
Columbia, Hawaii, Commonwealth of Puerto Rico, or any territory or
possession of the United States, except as specifically authorized. The
purpose of listing all species from two freshwater mussel genera and
one crayfish species is to protect U.S. interests and natural resources
by preventing introduction of these injurious aquatic invertebrates
into ecosystems of the United States. The final rule may confirm
individual, some, or all proposed species for listing as injurious.
Based on current taxonomic classification, there are 26 species in
the Sinanodonta genus, 1 species in the Limnoperna genus, and the
marbled crayfish (Procambarus virginalis) that we are proposing for
listing as injurious under 18 U.S.C. 42(a)(1) (the injurious wildlife
listing provision of the Lacey Act). These taxa share various generic
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biological traits of invasiveness, including early sexual maturity,
high dispersal capability, large reproductive capacity, broad
environmental tolerances (even for polluted and contaminated waters),
and adaptability to scenarios associated with climate warming or other
extreme weather events like drought. Both mussel genera (Sinanodonta
and Limnoperna) are native to Asia. However, marbled crayfish have no
native distribution because they originated in captivity in the 1990s,
possibly through mutation of sexual reproduction genes. Since these
foreign mussels and the crayfish do not presently occur in U.S.
ecosystems, except for potentially one species of Asian pond mussel (S.
woodiana) in New Jersey, the goal is to preemptively list them as
injurious before they can establish and harm U.S. interests. The
primary pathways by which these species could enter the United States
include commercial trade in live animal industries or transoceanic
commercial shipping. Further, according to the Service's Law
Enforcement Management Information System (LEMIS) records, these taxa
are either not traded in the United States or are traded in quantities
small enough that market impact of halting importation would be
negligible.
The need for this rulemaking action arose from the Service's
concern that these foreign aquatic invertebrate species are injurious
to the interests of agriculture (including aquaculture), water
infrastructure investments (such as hydropower), or wildlife and
wildlife resources of the United States. These determinations are based
on factors that contribute to injuriousness compared with potential
risk mitigation measures that may reduce or eliminate injuriousness.
Asian pond mussels, golden mussels, and the marbled crayfish each have
proven invasiveness outside their native ranges. Likelihood of
establishment inferred from climate suitability modeling is high
throughout the contiguous United States for all taxa, so they are
likely to spread if introduced. These species all may harm native
species, including federally endangered and threatened species, through
competition for food and spatial resources. Because available control
measures for these species in natural environments would also kill co-
occurring native wildlife, control as an option to reduce injuriousness
is not considered a practical risk mitigation measure.
Statutory Authority
Under 18 U.S.C. 42(a)(1) (the injurious wildlife listing provision
of the Lacey Act), the Secretary of the Department of the Interior may
prescribe by regulation wild mammals, wild birds, fishes, mollusks,
crustaceans, amphibians, reptiles, and the offspring or eggs therefrom
that are injurious to human beings, to the interests of agriculture,
horticulture, forestry, or to the wildlife or wildlife resources of the
United States. The lists of injurious wildlife are found at 50 CFR
16.11-16.15. Importation into the United States or shipment between the
enumerated jurisdictions in 18 U.S.C. 42(a)(1) of listed species is
prohibited, except as approved by the Service under permitted terms and
conditions for zoological, educational, medical, or scientific purposes
found at 50 CFR 16.22 or for Federal agencies for their own use. This
rule would not prohibit transport within States. Any regulations
pertaining to the possession, transport, or use of these species within
a particular State would remain the authority of that State. Further,
rulemaking under this statute is governed by the Administrative
Procedure Act (5 U.S.C. 551 et seq.), which specifies how Federal
agencies develop and issue regulations.
Listing and Evaluation Process
The Service must promulgate regulations in accordance with other
statutory requirements, in addition to the Lacey Act. The
Administrative Procedure Act (5 U.S.C. 551 et seq.) governs the process
for rulemaking. In keeping with the Administrative Procedure Act, we
are publishing a proposed rule for public notice and comment. We also
solicit peer review under Office of Management and Budget (OMB)
guidelines titled, ``Final Information Quality Bulletin for Peer
Review'' (OMB 2004). We also make available to the public an economic
analysis (including analysis of potential effects on small businesses),
if appropriate.
This proposed rule is based on specific evaluation of taxa
(classification-based groupings of life forms) of mollusks and
crustaceans reported in the scientific literature as highly invasive
and with the potential to be introduced through wildlife trade. We
performed an evaluation using the Service's injurious wildlife
evaluation criteria (see Lacey Act Evaluation Criteria, below); we use
these criteria to evaluate if a taxon qualifies as injurious. These
criteria include the likelihood and magnitude of release or escape, of
survival and establishment upon release or escape, and of spread from
the point of origin of release or escape. These criteria also examine
the impact on wildlife resources and ecosystems (such as through
hybridizing, competition for food or habitat, predation on native
species, and pathogen transfer); on endangered and threatened species
and their respective habitats; and on human beings, forestry,
horticulture, and agriculture. Additionally, the criteria evaluate the
likelihood and magnitude of wildlife or habitat damages resulting from
measures to control the species proposed as injurious wildlife. The
analysis using these criteria serves as a basis for the Service's
regulatory decision regarding injurious wildlife species listings.
We also considered the Service's ``Ecological Risk Screening
Summaries,'' a rapid screening process that categorizes a species'
invasive potential. Executive Order (E.O.) 13751 (Safeguarding the
Nation from the Impacts of Invasive Species) defines an invasive
species as a nonnative organism, ``whose introduction causes or is
likely to cause economic or environmental harm, or harm to human,
animal, or plant health.'' Screening reports for representative taxa in
this proposed rule are available in a library subcollection on the
Service's website: https://www.fws.gov/library/categories/ecological-risk-screening.
For the injurious wildlife evaluations, two genera of mollusks were
evaluated at the taxonomic level of ``genus,'' so the final
determination might confirm one, multiple, or all proposed species
within a genus for listing as injurious. The marbled crayfish was
evaluated as a single species. For the purposes of this proposed rule,
we define hybrids as offspring from parents of different species,
including one or more species from the taxa evaluated in the rule. We
reasoned that such offspring likely retain similar biological traits as
the injurious parents that, through the evaluation process, qualified
them for listing. Species do not have to be currently imported, present
in the wild, or established in the United States for the Service to
list them as injurious. The objective of such listings is to prevent
importation and likely establishment of that species in the wild,
thereby preventing injurious effects, consistent with 18 U.S.C. 42.
Other mollusks and crustaceans may also qualify as injurious under this
process and may be considered in subsequent rules.
Public Comments
[[Page 1924]]
The Service is soliciting substantive public comments on and data
concerning this proposed rule to add the three taxa to the list of
injurious wildlife set forth at 50 CFR 16.13. This proposed rule and
supporting materials are available on https://www.regulations.gov under
Docket No. FWS-HQ-FAC-2024-0060.
Comments and materials concerning this rule may be submitted by one
of the methods listed in ADDRESSES. Comments sent by email or fax or to
an address not listed in ADDRESSES will not be accepted.
We may post your entire comment--including your personal
identifying information--on https://www.regulations.gov. If your
written comments provide personal identifying information, you may
request at the top of your document that we withhold this information
from public review. However, we cannot guarantee that this information
will not be made public.
Those comments and materials that we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public review at https://www.regulations.gov under Docket
No. FWS-HQ-FAC-2024-0060, or by appointment, during normal business
hours at U.S. Fish and Wildlife Service Headquarters (see FOR FURTHER
INFORMATION CONTACT).
Information Requested
The Service specifically seeks public comments and supporting data
on (but not limited to) the following topics:
(1) Information on the number and monetary value of Asian pond
mussels (Sinanodonta species), golden mussels (Limnoperna species), or
marbled crayfish (Procambarus virginalis) (by species) that are
imported from out of country into the continental United States,
District of Columbia, Hawaii, Commonwealth of Puerto Rico, or any
territory or possession of the United States.
(2) Information on the number and monetary value of Asian pond
mussels (Sinanodonta species), golden mussels (Limnoperna species), or
marbled crayfish (Procambarus virginalis) (by species) that are bred
and raised in the United States for wholesale or retail sale and in
which U.S. States.
(3) Information on the number of pet shops and dealers involved in
the trade of these taxa.
(4) Volume of trade between the continental United States, District
of Columbia, Hawaii, Commonwealth of Puerto Rico, or any territory or
possession of the United States.
(5) The hybridization potential of Asian pond mussels, golden
mussels, or marbled crayfish within the same genus or between species
of different genera.
(6) Costs to eradicate individuals or populations of any of the
three taxa, or similar species, if found in the United States, and any
effective methods available.
(7) Information related to the presence and location of any of the
species in the wild in the United States.
(8) Relevant Federal, State, or local rules that may duplicate,
overlap, or conflict with this proposed rule.
Sources of Information
We obtained information on species taxonomy, biology, geographic
distribution, climate suitability, and invasive potential from a
variety of sources, including the U.S. Geological Survey's
Nonindigenous Aquatic Species (NAS) database, the Service's Ecological
Risk Screening Summaries, and primary literature. We queried the NAS
(https://nas.er.usgs.gov/) and Global Biodiversity Information Facility
(GBIF) (https://www.gbif.org/) databases to determine if the three taxa
proposed for listing are currently reported as established in U.S.
ecosystems. We also adopted GBIF's system as our standard for taxonomic
classification, such as number of accepted species in a genus. To
determine if there is currently trade of these species in the United
States, we analyzed import data for 2015 to 2021 (inclusive) from the
Service's LEMIS wildlife trade database.
Species Information
Asian Pond Mussels (Sinanodonta Species)
Taxonomy
Asian pond mussels (Sinanodonta species) are a genus of freshwater
bivalve mollusk in the Unionidae family. These organisms are
characterized by two shells that hinge together, similar to a clam.
Based on current taxonomic classification, there are 26 species in the
Sinanodonta genus (GBIF 2023a). Some historical invasive population
accounts of this species complex also referred to this species group as
Anodonta woodiana; our searches of literature and trade data included
the name Anodonta woodiana for the evaluation. Our searches also
included the commonly used name of Chinese pond mussel.
Historically, identification relied solely on shell characteristics
of adults, resulting in taxonomic confusion within this genus;
therefore, species level identification of Asian pond mussels usually
requires molecular genetic analysis (Karaouzas et al. 2022). Recent
literature indicates that the invasive populations of Sinanodonta that
were initially identified as S. woodiana are more than one species or
lineage (Soroka et al. 2014, Lopes-Lima et al. 2020, Bolotov et al.
2022). For example, two distinct nonnative species of Sinanodonta were
discovered as well established in the Yenisei River, Russia, that were
initially assumed to be one species prior to molecular analysis
(Bespalaya et al. 2018). Further, genetic work conducted in Italy also
supported that three species, all originally labeled as Sinanodonta
woodiana, were likely separate species in this genus (Froufe et al.
2017). Other studies have indicated cryptic Sinanodonta species with
similar invasion histories and harmful ecological effects co-occurring
outside their native ranges (Kondakov et al. 2018, 2020a, b,
Alwanzadegan et al. 2023, Pavluk et al. 2023). While there is some
uncertainty about the precise number of existing Sinanodonta species
(Lopes-Lima et al. 2020), incorporating additional anatomical traits of
both adults and larvae, as well as more sensitive molecular tools,
continues to improve the ability of scientists to accurately and
precisely identify Sinanodonta specimens. Given the proximity in native
ranges, converging morphology and genetics, and similarly high invasive
capability, we consider the whole genus Sinanodonta for listing as
injurious under an inclusive common name: Asian pond mussels.
Asian pond mussels are characterized by relatively large size, with
round or oval shaped shells reaching 26 to 30 centimeters (cm) (10 to
12 inches) in length and up to 12 cm (5 inches) in height (Von
Proschwitz 2008, Pou-Rovira et al. 2009) and having fragile shells
(Munjiu et al. 2020). In Germany, a 25-cm (10-inch) long specimen
weighed 1.6 kilograms (kg) (3.5 pounds) (Dobler et al. 2022). They
display considerable variation in shell shape (length to height ratio)
attributed to habitat factors, such as hydrology, substrate type, food
availability, and parasite prevalence (Guarneri et al. 2014).
Transverse ridges and beak (umbo) shape represent other distinguishing
features, while shell color ranges from dark brown, to dark green, to
yellow green (Von Proschwitz 2008). Diagnostic hinge teeth, which are
used to identify other mussel genera, are absent in the Sinanodonta
genus.
Biology
Asian pond mussels have two sexes (dioecious); however, female-
dominated populations in the invaded range of Poland suggest the
ability to reproduce
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asexually, where a female does not require a mate to produce offspring
(parthenogenesis) (Labecka and Domagala 2018). There are also rare
instances of individuals with both female and male sex organs
(hermaphroditism), enabling self-fertilization (Munjiu et al. 2020).
Hybridization of Sinanodonta species has been documented and is
potentially facilitated by overlapping geographic distributions of
species within this genus (Sano et al. 2022).
Generally, fertilization occurs inside the shells of females after
they collect sperm released by males. In their native range, Asian pond
mussels, such as S. woodiana, reach sexual maturity around 9 months and
carry young a little over 1 year (Wu et al. 2018). Like other mussels
in the Unionidae family, females raise larvae inside a specialized
brooding pouch in their gills called a marsupium.
Reproductive traits, such as brooding period, are species-specific
but also environment-dependent. In their native ranges, Asian pond
mussels may retain and brood larvae for 6 months or more inside their
shells, usually during spring and summer (Wu et al. 2018). In the
invaded range of central Poland, S. woodiana spawn from March to
October with their highest reproductive output in March and April
(Hliwa et al. 2015); however, reproduction is known to occur in a wide
range of water temperatures, indicating a broad tolerance for water
bodies (Douda et al. 2012). Also in the European invaded range, they
can reproduce 2 to 3 times annually and live up to 15 years
(S[aacute]rk[aacute]ny-Kiss et al. 2000). In a German population of S.
woodiana, females carried an average of 100,000 larvae in their brood
pouches with over 95 percent viability (Huber and Geist 2019).
After Asian pond mussel larvae are expelled into the water column,
they normally only survive outside the female for days to weeks before
needing a host fish to carry out the rest of their development. These
parasitic larvae, called glochidia, attach with hook-like structures to
the fins or gills of freshwater fishes for days to months, depending on
water temperature. Research has shown that host species will likely not
limit Asian pond mussel expansion, because they have shown little host
specificity (Douda et al. 2012).
Adult Asian pond mussels burrow into soft sediment up to 20 cm (8
inches) deep and can ``crawl'' up to 10 meters (m) (33 feet) in a day
with aid of their muscular foot (Urba[nacute]ska et al. 2021). In
Poland, they form dense aggregations exceeding 60 individuals per
square meter (6 individuals per square foot) in water depths of 1.5 to
2.5 m (5 to 8 feet) (Kraszewski and Zdanowski 2007). Asian pond mussels
acquire nutrition through a process called ``filter feeding'' where the
animal circulates the surrounding water over its gills, and strains
suspended nutrients or smaller organisms to consume as food. They are
efficient filter feeders, less hindered by low food availability than
native European unionid mussels according to lab experiments (Douda and
[Ccaron]adkov[aacute] 2018).
Native Distribution
Species in the Sinanodonta genus are native to Asia including
China, Vietnam, Japan, the Korean Peninsula, Indochina, and parts of
eastern Russia (Lopes-Lima et al. 2020). They live underwater,
inhabiting rivers, ponds, and canals in temperate to tropical
waterbodies (Beran 2008). They occupy backwaters and other slow-flowing
and standing water systems and are more tolerant of pollution and low
oxygen than many other freshwater mussels (S[aacute]rk[aacute]ny-Kiss
et al. 2000).
Nonnative Distribution
In most cases, Asian pond mussels were not intentionally introduced
outside their native range but rather transported with commercially
traded fishes serving as hosts to their obligatory parasitic larvae,
with first discoveries often occurring at or near fish hatcheries and
fish ponds (Watters 1997, Douda et al. 2017, Pavluk et al. 2023). In
Germany, early detections of Chinese pond mussels (S. woodiana) were
limited to waters with grass carp (Ctenopharyngodon idella) stocked to
graze on and reduce aquatic weeds (Dobler et al. 2022). Chinese pond
mussels were first recorded in western Romania around 1979, likely
arriving with silver carp (Hypophthalmichthys molitrix), bighead carp
(Hypophthalmichthys nobilis), or grass carp (Ctenopharyngodon idella)
imports from Asia, (S[aacute]rk[aacute]ny-Kiss 1986) and are presently
found in at least 17 European countries including Austria (Mienis
2002), Belgium (Packet et al. 2009), Croatia (Lajtner and Crn[ccaron]an
2011, Beran 2020), Czech Republic (Beran 2008, 2019), France (Adam
2010), Germany (Dobler et al. 2022), Greece (Karaouzas et al. 2022),
Hungary (Kiss and Pekli 1988), Italy (Cappelletti et al. 2009), Poland
(Kraszewski and Zdanowski 2007, Soroka et al. 2014), Republic of
Moldova (Munjiu 2008), Romania (Popa et al. 2007), Serbia
(Paunovi[cacute] et al. 2006), Slovakia (Mienis 2001), Spain (Pou-
Rovira et al. 2009), Sweden (Von Proschwitz 2008), and Ukraine
(Yuryshynets and Krasutska 2009). Asian pond mussels have been recorded
outside their native range in Indonesian islands, including Flores and
Borneo (Bolotov et al. 2016, Zieritz et al. 2020); north African
countries, such as Algeria (Bensaad-Bendjedid et al. 2023) and Morocco
(Mabrouki and Taybi 2022); Russia (Kondakov et al. 2020a); Dominican
Republic (Gomez et al. 1986); and Costa Rica (Baurer et al. 2021).
Evidence of their ongoing westward range expansion within Asia exists
from Myanmar (Vikhrev et al. 2017, Bolotov et al. 2022) to Iraq (Bogan
et al. 2021).
Invasiveness
Asian pond mussels demonstrate many strong traits that support
significant risk for invasiveness. As previously described, Asian pond
mussels have a broad native range in Asia with an expanded (nonnative)
range that includes other regions in Asia as well as across Europe,
Africa, and the Americas. These mussels also have demonstrated high
adaptability to different aquatic environments and conditions,
including several types of water bodies, bottom substrates in those
water bodies, poor water quality conditions, and cold water
temperatures (Urba[nacute]ska et al. 2021). Their ability to utilize a
variety of fish species as hosts to carry and disperse the larval stage
of these mussels is yet another trait that promotes their potential
success for invasion (Douda et al. 2012). A high reproductive rate
coupled with successful and rapid growth compared to other mussels
contributes to a competitive advantage that supports their invasiveness
(Huber and Geist 2019). The ability of Asian pond mussels to outperform
some other mussels in competition for food and habitat resources has
also been demonstrated (Urba[nacute]ska et al. 2021). Their invasive
potential as recognized through the scientific literature has earned
them a designation as a ``hyper-successful invader,'' a term used to
describe other invasive bivalves such as zebra mussels (Dreissena
polymorpha), quagga mussels (Dreissena bugensis), and Asian clams
(Corbicula fluminea) that have proven to be problematic as aquatic
invasive species in the United States (Sousa et al. 2014). The
combination of these characteristics and other factors supports the
position that Asian pond mussels have considerable risk for
invasiveness within the United States, as has been demonstrated
elsewhere around the world.
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Golden Mussels (Limnoperna Species)
Taxonomy
Golden mussels (Limnoperna species) are a genus of freshwater
bivalve mollusk in the Mytilidae family. Like other mussels, golden
mussels are characterized by a two-part hinged shell similar to clams.
Based on current taxonomic classification, there is one true species in
the Limnoperna genus (L. fortunei) with various synonymized names that
other sources may consider unique species (GBIF 2023b). Similar to
Asian pond mussels, recent genetic studies have indicated a cryptic
species (L. siamensis) that may be confused with the morphologically
identical L. fortunei (Sokolova et al. 2021). Given the likelihood of
taxonomic diversification and expectation that additional named species
in the genus share similar biological traits of injuriousness, we refer
to Limnoperna species for listing as injurious under an inclusive
common name: golden mussels.
Golden mussels are characterized by relatively small size, with D-
shaped shells reaching 20 to 30 millimeters (mm) (0.8 to 1.2 inches) in
length, and specimens reported up to 50 mm (2 inches) (Nakano et al.
2015). Their shells are brittle and relatively thin compared to other
mussels (Morton 2015). They derive their common name from the gold
appearance of their exterior shell when wet, while the interior shell
has nacre (mother-of-pearl). This nacreous layer distinguishes golden
mussels from Mytilidae species in the genus Dreissena, such as zebra
and quagga mussels. Golden mussels attach to surfaces and the bottom
substrate using strong silky fibers with adhesive pads, called byssal
threads. These fibers help to keep the mussel attached to solid
surfaces in the water, holding them in place to filter feed. Unlike
many species of bivalves, golden mussel shells do not have a ``byssal
notch,'' a distinct gape in the shell where part of the mollusk foot
may protrude or where the byssal threads may extend from. Another
distinguishing feature of golden mussels is the absence of hinge teeth,
the interlocking parts of the inner surface of the shell valves of a
bivalve mollusk.
Biology
Golden mussels are dioecious (having two separate sexes), with rare
instances of hermaphroditism (one organism containing both male and
female reproductive organs) documented in the invaded range (Darrigran
et al. 1998). Hybridization of golden mussels is not well documented.
Fertilization occurs externally in the water column. Their free-
swimming larvae, called veligers, live in the water column and undergo
several developmental stages before settling on substrates 11 to 20
days after spawning (Cataldo et al. 2005). This extended floating
(planktonic) veliger stage facilitates long-distance dispersal.
Water temperature determines golden mussels' reproductive timing
and frequency. Data from South America show continuous breeding for 6
to 10 months per year with evidence of punctuated spawning yearlong at
some locales; mean planktonic larval densities at invaded sites ranged
from 4,000 to 7,000 individuals per cubic meter (100 to 200 individuals
per cubic foot) (Boltovskoy et al. 2009).
Golden mussels reach sexual maturity in their first year, and their
lifespan ranges from 2 to 5 years with potential for reaching 10 years,
depending on geography (Zhang et al. 2022). Age at sexual maturity can
be as young as 3 months (as cited in Karatayev et al. 2007).
Golden mussels colonize submerged natural and artificial
substrates, aggregating in clumps called druses. They occur at depths
of a few centimeters (1 inch) to over 10 m (33 feet) with preference
for shaded, angled surfaces (Morton 2015). They reach adult densities
of 5,000 to 250,000 individuals per square meter (500 to 23,000
individuals per square foot) on hard surfaces and 90 to 2000
individuals per square meter (8 to 200 individuals per square foot) on
soft surfaces (as cited in Frau et al. 2013).
Golden mussels have relatively high filtration rates (Karatayev et
al. 2007) with a diet comprising a variety of planktonic food sources
from 2 micrometers ([micro]m) (7.8 x 10-5 inches) to over 1
mm (0.04 inches) (Molina et al. 2010). For comparison, despite similar
body size, golden mussels can prey on larger plankton than the highly
invasive zebra mussels (Molina et al. 2010).
Native Distribution
Species in the Limnoperna genus are native to freshwater lakes and
rivers of southeast Asia, including China, Thailand, Korea, Laos,
Cambodia, Vietnam, and Indonesia (Ricciardi 1998). They live
underwater, inhabiting freshwater to estuarine environments in
temperate to tropical waterbodies, tolerating brackish water with
salinities of 2 to 3 parts per thousand (ppt) and short-term salinity
shock up to 12 ppt (Angonesi et al. 2008). Golden mussels also tolerate
calcium- and oxygen-poor waters that are inhospitable to highly
invasive zebra mussels, but they are comparatively less tolerant of
near freezing temperatures (Ricciardi 1998).
Nonnative Distribution
Establishment of invasive golden mussel populations has been
recognized in two continents since the late 1980s. They arrived in
Japan around 1987, probably with live Asian clams (Corbicula fluminea)
imported from China for human consumption (Magara et al. 2001). They
were introduced to Argentina by 1991, likely in transoceanic ballast
water (Darrigran and Pastorino 1995), and within a decade spread to
three neighboring countries, Uruguay, Paraguay, and Brazil (Darrigran
2002).
Invasiveness
Golden mussels possess a suite of characteristics pertaining to
reproduction, growth, dissemination (dispersal), adaptability, and
tolerance of poor environmental conditions that support high potential
for invasion. Strong reproductive ability and fast growth have been
described for Limnoperna, as well as the ability to survive in habitats
with widely ranging water temperatures, depth, water flow rates, and
dissolved oxygen content (Zhao et al. 2019). The ability to survive for
5 to 7 days out of water also contributes to the potential for
dispersal of golden mussels (Darrigran et al. 2004). The high
population densities of this mussel in some water bodies in South
America also contribute to its potential for invasiveness and dispersal
(Ernandes-Silva et al. 2017). The ability of golden mussels to firmly
attach to the hulls of ships contributes further to its ability to
disseminate along navigable waterways (Boltovskoy and Correa 2015).
These factors contributed to invasiveness of golden mussels in their
spread beyond their native range in Asia and in South America. Like
Asian pond mussels, golden mussels have been identified in scientific
literature as a ``hyper-successful invader,'' a term also used to
characterize other impactful invasive mussels, including zebra mussels
(Dreissena polymorpha), quagga mussels (Dreissena bugensis), and Asian
clams (C. fluminea) (Sousa et al. 2014). Based on the combination of
these characteristics, golden mussels display a high potential for
invasiveness.
Marbled Crayfish (Procambarus virginalis)
Taxonomy
The marbled crayfish (P. virginalis) is a 10-legged freshwater
crustacean species that resembles a small lobster. It
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is also known by the common name Marmorkrebs, a German translation of
``marbled crayfish''(GBIF 2023c). Crayfish were imported to Germany
from the United States as an aquarium pet in the mid-1990s and
generated public intrigue when a German aquarium hobbyist reported an
apparently novel all-female (parthenogenic) species reproducing without
males; this was the earliest known account of the marbled crayfish as a
species (Lyko 2017).
Based on similarities in external morphology and two mitochondrial
genes, researchers demonstrated that the marbled crayfish likely
descended from slough crayfish (P. fallax) in the 1990s (Martin et al.
2010a), and Lyko (2017) determined that the marbled crayfish is a newly
originated species, not existing before the 1990s. Later, detailed
research confirmed the marbled crayfish inherited its genetic material
from an Everglades subpopulation of slough crayfish (Gutekunst et al.
2021).
Based on current taxonomic classification, there are 174 species in
the Procambarus genus, including P. virginalis (GBIF 2023c). Due to
some of the unique characteristics of the marbled crayfish, including a
reproductive biology supporting the potential for explosive population
growth, we are only considering this one recently emerged species in
the Procambarus genus for listing as injurious.
The marbled crayfish rarely exceeds 10 cm (4 inches) in length and
typically weighs less than 20 grams (g) (0.7 ounces) (Vogt 2021). It
shares some physical characteristics with other species in the
Procambarus genus and most closely resembles the slough crayfish and
Everglades crayfish (P. alleni) in appearance, but the marbled crayfish
uniquely has a bell-shaped female sex organ (annulus ventralis) with S-
shaped groove (sinus), antenna length exceeding body length, and
complete absence of males (Kawai et al. 2009).
Biology
The marbled crayfish is a freshwater crayfish, and introduced
populations are normally found at the bottom of a body of fresh water,
such as a lake or stream, but the marbled crayfish is able to walk
across land (Chucholl et al. 2012) and retreat into the mud (Deidun et
al. 2018) to avoid danger. Gut content analysis from wild specimens in
Madagascar revealed the crayfish primarily ate plant material (Kawai et
al. 2009). Laboratory feeding trials also from Madagascar revealed a
positive relationship between both water temperature up to 27.5 degrees
Celsius ([deg]C) (81.5 degrees Fahrenheit ([deg]F)) and crayfish body
size with snail consumption rates (Faiad et al. 2023). Throughout their
invaded range, the marbled crayfish is considered to have a broad diet,
consuming both plants and animals at different levels of the food web.
The marbled crayfish has unique genetic and reproductive features.
It is triploid (has three sets of chromosomes) and therefore
genetically isolated from closely related crayfish species. Triploid
animals are generally unable to reproduce sexually (Lyko 2017).
Mutation or loss of sexual reproduction genes is one possible
explanation for the origination of this all-female species. This
species is the only known clonal, all-female crayfish that reproduces
without a mate in the world (Scholtz et al. 2003). Therefore,
successful breeding of this species with another crayfish species is
plausible, but extremely unlikely (Martin et al. 2016, Lyko 2017). For
example, sexual reproduction and hybridization may ensue through
experimental manipulation in laboratory or other artificial
environments.
The species' reproductive timing and frequency vary by geographic
area and likely correlate with water temperature. The number of eggs a
marbled crayfish may produce at one time is relatively large, with
individuals from Lake Moosweiher (Germany) reported carrying as many as
724 eggs (Chucholl and Pfeiffer 2010). An online marbled crayfish guide
for aquarists indicated that the species has the potential to reproduce
every 3 months, laying an average of 420 eggs per cycle, or
approximately 1,500 offspring annually, under optimal conditions
(Aquarium Breeder 2023).
The marbled crayfish reaches sexual maturity at between 5 and 7
months of age and exhibits fast growth (Vogt 2021). Relatively rapid
growth, early reproductive maturity, and high frequency of reproduction
of this species compared to other crayfishes have been recognized as
factors contributing to their success in establishment in the wild
(Kouba et al. 2021).
Native Distribution
Recent speciation of marbled crayfish in captivity around 1995
means the crayfish has no native distribution anywhere. Captive marbled
crayfish were likely imported to Germany from the United States as
aquarium pets or originated as a species in Germany in the mid-1990s
(Scholtz et al. 2003, Lyko 2017).
Nonnative Distribution
Establishment of marbled crayfish populations has been recognized
in several European countries (Chucholl et al. 2012) and across
Madagascar (Kawai et al. 2009, Feria and Faulkes 2011). The
introduction and establishment of wild populations in Europe was likely
the result of release from private aquaria (Scholtz et al. 2003).
Marbled crayfish appear to have entered the North American pet trade
around 2004 (Faulkes 2010). While ranked the most popular crayfish in
the online pet trade in 2013, accounting for nearly half of crayfish
sold through AquaBid (Z. Faulkes 2015), none have been confirmed from
the wild in the United States. Studies of established wild populations
are published from Belgium (Scheers et al. 2021), Croatia (Maguire et
al. 2018), Estonia (Ercoli 2019), France (Grandjean et al. 2021),
Germany (Chucholl and Pfeiffer 2010, Martin et al. 2010b, Chucholl et
al. 2012), Hungary (Bl[aacute]ha et al. 2022), Israel (Carneiro et al.
2023), Italy (Marzano et al. 2009, Mazza et al. 2014), Madagascar
(Jones et al. 2009, Kawai et al. 2009), Poland (Maciaszek et al. 2022),
Portugal (Mazza et al. 2014), Sardinia (Sanna et al. 2021), Republic of
Malta (Deidun et al. 2018), Romania (P[acirc]rvulescu et al. 2017),
Slovakia (Chucholl et al. 2012), Sweden (Bohman et al. 2013), and
Ukraine (Novitsky and Son 2016). Despite occurrence data published to
online databases, live marbled crayfish have not become established in
the wild in the Netherlands (van Kuijk et al. 2021). There is also some
ambiguity surrounding possible marbled crayfish in Ontario, Canada,
where morphologically similar, exclusively female specimens were
recently collected (U.S. Geological Survey 2023a). The marbled crayfish
tolerates a range of freshwater habitats from drainage ditches, ponds,
urban parks and complexes to nature reserves (Scheers et al. 2021).
Invasiveness
The marbled crayfish displays multiple characteristics that
contribute to its overall invasiveness. Many nonnative crayfish species
are widely recognized for their invasive potential related to food web
alterations through grazing on aquatic plants, predation on aquatic
animals, and competition for resources with native aquatic species
(Linzmaier et al. 2020). The marbled crayfish has a demonstrated
history of establishment throughout many nations over a span of only a
few decades since the species originated, and it has been listed among
the most invasive species
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in the European Union (Hossain et al. 2020). This species is widely
available in the global pet trade, including North America (Faulkes
2010), and distribution in the pet trade has been associated with
establishment of wild populations elsewhere (Gutekunst et al. 2018).
The reproductive biology of this species allows these crayfish to
produce many offspring, adding to the threat of successful invasion and
establishment through sheer numbers. The combination of up to
approximately 1,500 offspring produced per year under ideal conditions
(Aquarium Breeder 2023), and the ability of this all-female species to
reproduce individually without a mate mean that a population may be
established from just a single crayfish (Gutekunst et al. 2018). Rapid
growth of the species also is advantageous to survival and
establishment of the offspring (Kouba et al. 2021). The marbled
crayfish is able to successfully establish in a variety of freshwater
habitats and has demonstrated the potential to outcompete other
crayfish species for food and habitat resources (Hossain et al. 2020,
Kouba et al. 2021). Based on these characteristics, the marbled
crayfish displays a high potential for invasiveness related to the
capacity to displace native crayfish species and negatively impact the
balance of aquatic ecosystems.
Summary of Presence in the United States for All Taxa
Only one of the 28 species considered for listing, Chinese pond
mussel (Sinanodonta woodiana), has been reported in the wild in the
United States (U.S. Geological Survey 2023b). In June 2010, a small
established population of Chinese pond mussel was detected in Hunterdon
County, New Jersey, within an array of former commercial fishponds
(Bogan et al. 2011a, b). The initial discovery occurred 3 years after
the New Jersey Conservation Foundation assumed ownership of a facility
that historically imported bighead carp, common carp (Cyprinus carpio),
and diploid grass carp (H. Desko, Senior Watershed Protection
Specialist with New Jersey Water Supply Authority, pers. comm. 2023).
Mussel eradication efforts commenced swiftly after detection by
lowering water levels and applying rotenone to kill host fishes (Bogan
et al. 2011a, b). Then copper-based biocides (products that kill
organisms) were applied to kill the mussels in 2015 and 2019, which
appeared to have eradicated the local infestation. Monitoring by
shoreline walks, snorkel, and scuba have not detected live mussels
since 2019. However, environmental DNA results indicate that mussels
may have persisted as a small remnant population in at least one
fishpond and perhaps expanded outside the confines of the retired
aquaculture facility toward the Delaware River and into the Raritan
River (R. Somes, Senior Zoologist with New Jersey Department of
Environmental Protection, pers. comm. 2023). Because these foreign
mussels and the crayfish do not presently occur in U.S. ecosystems,
except for potentially one species of Asian pond mussel in New Jersey,
the goal is to preemptively list them as injurious before they can
establish and harm U.S. interests.
Summary of Trade for All Taxa
Of the three taxa, 240 Chinese pond mussel specimens (Sinanodonta
woodiana) were imported into the United States live between 2015 and
2021. Asian pond mussels are not regulated at the genus or species
level in the United States or Canada. They are also not included in the
European Parliament's updated list of invasive alien species of Union
concern (EU 2022). Most other countries do not have specific
regulations about Sinanodonta species (Urba[nacute]ska et al. 2021).
There were no import records of golden mussels in the LEMIS
database, which indicates that either there were no imported live
animals, the species were misreported, or international import volumes
were so minor that designated species codes were not assigned. In
Japan, the Invasive Alien Species Act prohibits importation,
transportation, and possession of the genus Limnoperna (National
Institute of Environmental Studies 2023). Under regulatory authority of
the European Parliament (EU 2014), golden mussels were added to a third
update of the list of invasive alien species of Union concern, taking
effect for member countries on August 2, 2022 (EU 2022).
We are only aware of marbled crayfish (Procambarus virginalis) in
the aquarium trade domestically within the United States. Marbled
crayfish commerce is prohibited, however, at the species level in at
least 12 States (Arkansas, Georgia, Idaho, Kansas, Maryland, Michigan,
Missouri, North Carolina, Ohio, Oklahoma, Tennessee, and Virginia) and
at higher taxonomic levels by genus (Procambarus), family (Cambaridae),
or other designation based on native range or an ``allowed species''
list approach in several more States.
Evaluation Methods
Ecological Risk Screening Summaries
The Service developed Ecological Risk Screening Summary (ERSS)
reports more than a decade ago for several purposes. The ERSS process
is a method to rapidly evaluate potential risk of invasiveness and
establishment of nonnative species, usually by individual species. With
the results, species are placed into one of three overall risk
categories--high, low, or uncertain risk of invasiveness. The
categories are based on climate similarity (quantified) and history of
invasiveness (qualified) as predictors of potential risk. The level of
certainty of the assessment based on the availability of credible
science is also reported (qualified). The ERSS reports were not
designed specifically to predict injuriousness, but they have been used
to help prioritize species that should be further evaluated for
injuriousness. We can create ERSS reports when needed to provide
information to use as part of an injurious wildlife listing evaluation.
We created ERSS reports for some of the taxa in this rule, and the
reports provide the climate matches used here, as well as other
information. For more information on how the ERSS reports are produced,
please see the standard operating procedures and completed ERSS reports
online at: https://www.fws.gov/story/ecological-risk-screening-summaries.
We produced ERSS reports for 11 species of Sinanodonta. All 11
species were found to be established in climates similar to those found
within the United States, increasing the probability of their
successful establishment if introduced into the United States. Of those
assessed, 10 were assigned an overall risk level as ``uncertain'' based
on species identification uncertainty and data deficiency. The Chinese
pond mussel (S. woodiana) was classified as overall high risk. As
discussed above under the taxonomy of this genus, uncertainty of
species identification has led to invasions historically attributed to
S. woodiana, whereas there is recent evidence that invasions of
multiple species have occurred undetected. Taxonomic uncertainty and
lack of data specific to many of the species in this genus, along with
suitable climate and overall risk uncertainty for most of the species
evaluated for risk, supported the approach to further assess the genus
Sinandonata with the evaluation criteria described below under Lacey
Act Evaluation Criteria.
We also completed ERSS reports for golden mussels and the marbled
crayfish. The golden mussel
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Limnoperna fortunei was categorized as having a high overall risk, with
suitable climate for establishment found across much of the United
States. The climate matching analysis for the marbled crayfish also
suggests successful establishment if introduced, but its overall risk
status was categorized as ``uncertain,'' due at least in part to its
very new species identity and the associated paucity of information
pertaining to this species in the wild. However, due to other factors,
including both the recent history of establishment and spread in the
wild elsewhere and its unique reproductive strategy supporting
population growth from just a single crayfish, we further evaluated the
species. Additionally, another screening tool, the Freshwater
Invertebrate Invasiveness Scoring Kit (FI-ISK), has been used to
evaluate the invasiveness potential of freshwater invertebrates. In
2010, the FI-ISK was used to assess invasiveness of multiple species of
freshwater crayfish, including the marbled crayfish; in this
evaluation, the marbled crayfish was rated as a medium to high risk for
Italy and likely other parts of Europe with an additional cautionary
warning to avoid release to the wild of this species, which was
exclusively captive-held at that time (Tricarico et al. 2010).
Lacey Act Evaluation Criteria
Once we determined that the three taxa were priorities for
evaluating because of their invasive risk, we used the injurious
wildlife listing criteria below to evaluate whether a species qualifies
as injurious. These factors were previously developed by the Service,
and the analyses using these criteria serve as a general basis for the
Service's regulatory decisions regarding all injurious wildlife
listings. We evaluated the factors that contribute to and the factors
that reduce the likelihood of injuriousness:
1. Factors that contribute to injuriousness:
The likelihood of release or escape;
Potential to survive, become established, and spread;
Impacts on wildlife resources or ecosystems through
hybridization and competition for food and habitats, habitat
degradation and destruction, predation, and pathogen transfer;
Impacts to endangered and threatened species and their
habitats;
Impacts to human beings, forestry, horticulture, and
agriculture; and
Wildlife or habitat damages that may occur from control
measures.
2. Measures that reduce the likelihood of the species being
considered as injurious:
Ability to prevent escape and establishment;
Potential to eradicate or manage established populations
(for example, making organisms sterile);
Ability to rehabilitate disturbed ecosystems;
Ability to prevent or control the spread of pathogens or
parasites; and
Any potential ecological benefits to introduction.
I. Factors That Contribute to Injuriousness
Asian Pond Mussels (Sinanodonta Species)
Potential for Introduction
The primary pathways by which Asian pond mussels (Sinanodonta
species) could enter the United States involve commercial trade in live
animals. Asian pond mussels may hitchhike as parasitic larvae in
aquaculture fish shipments or be transported directly as adults by
aquaculture, aquarium, live food, or water garden trades. Species from
this genus have been advertised on the internet as living filters for
water purification of hatcheries, aquaria, and private ponds because
they feed by straining water through their digestive system
(AquaticArts 2023). In Indonesia, S. woodiana has economic value as a
protein source for humans and cultivated animals, such as fishes
(Bolotov et al. 2016). A recent study from Italy demonstrated potential
for S. woodiana meal as an alternative to fish meal in aquaculture
settings due to the high protein and suitable amino acids composition
(Sicuro et al. 2023).
Potential for Spread
Species in the Sinanodonta genus favor relatively warm water from
10 to 30 [deg]C (50 to 86 degrees [deg]F) (Kraszewski and Zdanowski
2007) but can also adapt to cold temperatures and waterbodies with
yearly ice formation (Kone[ccaron]n[yacute] et al. 2018,
Urba[nacute]ska et al. 2019). Given the prevalence of potential fish
hosts in the United States, such as invasive carps, tilapias, and
mosquitofishes, plus an apparent lack of host specificity, once Asian
pond mussels are introduced, they have potential to spread broadly.
Because Asian pond mussel larvae that are attached to fish hosts take
weeks to mature, they can be disseminated over long distances as
infested fish hosts swim or are transported (Watters 1997).
Based on climate suitability modeling for S. woodiana, the
likelihood of establishment for Asian pond mussels is high throughout
the contiguous United States. At least 46 States have climates that are
suitable for Asian pond mussel establishment (U.S. Fish and Wildlife
Service 2021a).
Potential Impacts to Native Species
Asian pond mussels could potentially harm vulnerable endemic and
other native species due to habitat overlap and direct competition for
resources, as well as having superior tolerance for scenarios
associated with climate warming or other extreme weather events like
drought. The life-history traits of Asian pond mussels, including early
sexual maturity (9 months), long distance larval dispersal by host
fishes, rapid growth, high reproductive capacity, mobility as adults,
long lifespan (10-15 years), high filtration rate, broad environmental
tolerance, and adaptability to changing abiotic conditions, all
contribute to their invasiveness and disruption of natural ecosystem
balance (Douda et al. 2012, Benedict and Geist 2021). As efficient
filter feeders, they thrive in high nutrient environments, but can
extract similar concentrations of food particles from the water column
in enriched versus depleted systems (Douda and [Ccaron]adkov[aacute]
2018).
Asian pond mussels are also hosts of aquatic pathogens and
parasites that may potentially impact other species, and novel
parasites introduced with Asian pond mussels may adversely affect the
health of native species. The native trematode (flatworm) parasite
Aspidogaster conchicola was observed from introduced S. woodiana
specimens across Polish and Ukrainian waterbodies (Yuryshynets and
Krasutska 2009). In Poland, a more extensive parasite survey of S.
woodiana from lakes and fishponds revealed infestations with four
parasite groups: bucephalid trematodes, water mites, oligochaetes
(worms), and chironomids (non-biting midges) (Cichy et al. 2016). A
more recent parasite survey from Poland and Estonia confirmed the
presence of the same four groups (Taskinen et al. 2021).
Potential Impacts to Endangered and Threatened Species
At the time of the drafting of this proposed rule, the United
States has 95 federally-listed endangered and threatened bivalve
mollusks, 11 proposed for listing, and 1 candidate for listing under
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.) (U.S. Fish and Wildlife Service 2023a). Freshwater bivalves are
among the most threatened taxa in the world, with 40 percent of mussel
and clam species (45 percent of Unionidae) described as near
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threatened, vulnerable, endangered, or extinct according to the
International Union for Conservation of Nature (IUCN) Red List
conservation status (Lopes-Lima et al. 2018). Asian pond mussels have
the potential to compete with native burrowing bivalves (which are
already in decline) for host fishes or may diminish native unionid
survival through other means of resource competition, such as food and
space. For instance, at the larval stage, S. woodiana has a higher
temperature tolerance than an endangered European mollusk, and thus S.
woodiana can compete for fish hosts across a wider temperature range
(Benedict and Geist 2021).
Potential Impacts to Human Health or Safety
We found no evidence of Asian pond mussels being directly or
indirectly harmful to human health or safety. There is a potential
associated risk of human health impacts related to ingestion of Asian
pond mussel tissues containing high concentrations of toxic metals, as
these mussels may effectively concentrate metals from aqueous
environments, accumulating them in their tissues (Arumugam et al.
2020). Similarly, freshwater and marine bivalve mollusks are widely
recognized for their ability to filter and to concentrate microbial
organisms from water and sediment, including pathogens such as bacteria
and protozoan parasites. Handling and consumption of Asian pond mussels
may thereby represent a human health threat if these mussels are
consumed without proper cooking to kill potential pathogens.
Potential Impacts to Agriculture, Horticulture, or Forestry
We found no evidence of Asian pond mussels being directly or
indirectly harmful to horticulture or forestry interests. While
negative effects of Asian pond mussels on agricultural systems, such as
irrigation canals and aquaculture facilities, are likely, we are
unaware of any corroborating evidence.
Golden Mussels (Limnoperna species)
Potential for Introduction
The primary pathway by which golden mussels (Limnoperna species)
could enter the United States involves transoceanic commercial
shipping, especially as larvae in ballast water. In the wild, golden
mussels have been found attached to aquatic plants, such as elodea and
wetland sedges (Karatayev et al. 2007), as well as water hyacinth
(Molina et al. 2010). These associations demonstrate the potential for
these mussels to be transported as hitchhikers with various aquarium
and aquatic horticulture products, similar to other macroinvertebrates
(Duggan et al. 2018, Dickey et al. 2023). Live golden mussels have also
been found in sand being transported from their nonnative range to
replenish other beaches (Moutinho 2021).
Potential for Spread
In South America, golden mussels have invaded temperate and
subtropical waterways with average temperatures ranging from 14 to 32.6
[deg]C (57 to 90.7 [deg]F) and salinity means above 3 ppt (Darrigran
2002). However, research from the northern invasion front in China
suggests this species has great adaptive capacity, as golden mussels
here can endure temperatures below 1 [deg]C (34 [deg]F) for nearly a
week and below 5 [deg]C (41 [deg]F) for up to 3.5 months (Xia et al.
2021). For perspective, the magnitude of their spread potential has
been likened to the zebra mussel in North America (Karatayev et al.
2007), which was added by Congress to the list of injurious wildlife
species during passage of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (Pub. L. 101-646; see 18 U.S.C. 42(a)(1)).
Likelihood of establishment for golden mussels based on climate
suitability modeling for L. fortunei is high throughout the east,
southeast, and central continental United States. At least 26 States
have suitable climate for establishment: Alabama, Arkansas, Arizona,
Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana,
Maryland, Michigan, Missouri, Mississippi, North Carolina, New Jersey,
New Mexico, New York, Ohio, Oklahoma, Pennsylvania, South Carolina,
Tennessee, Texas, Virginia, and West Virginia (U.S. Fish and Wildlife
Service 2021b). Their adaptability to colder temperatures at the
northern edge of the species' population in China (40.26[deg] N,
116.26[deg] E) suggests potential expansion to even higher latitudes
(Xia et al. 2021) than are currently documented.
Much like the potential for introduction through shipping, further
spread on ships and boats is also possible, as the free-swimming larvae
in ballast, bilge, boat well, or other water sources carried from one
site to another or as the young and barely visible mussels that attach
themselves to the hulls of vessels in the water (Moutinho 2021).
Freshwater mollusks are also known to be dispersed in the environment
naturally through water currents, winds, and other organisms, including
birds and aquatic animals (Coughlan et al. 2017). For instance, fish
that consume mollusks may spread invasive mussels by releasing living
mussels that pass through their gastrointestinal systems. This method
of spread has been demonstrated as a potential means of dispersal for
some invasive mollusk species of consequence (Gatlin et al. 2013).
While some species of fish are known to consume golden mussels in South
America as a significant component of their diet (Gonz[aacute]lez-
Bergonzini et al. 2020), the role of these fish in the spread of golden
mussels is not well documented.
Potential Impacts to Native Species
Golden mussels may harm vulnerable endemic and other native species
due to habitat overlap and direct competition for resources. The life-
history traits of golden mussels, including early sexual maturity (3
months), long larval residence time, rapid growth, high reproductive
capacity, high filtration rate, broad environmental tolerance, and
adaptability to changing abiotic conditions, all contribute to their
invasiveness and disruption of natural ecosystem balance. As powerful
filter feeders, they have one of the highest filtration rates reported
for mussels (Sylvester et al. 2005, Pestana et al. 2009). Through
feeding, they remove particles suspended in the water column, including
phytoplankton, zooplankton, bacteria, and detritus. With superior
tolerance for scenarios associated with climate warming, golden mussels
may also have a competitive advantage over native species in habitats
that are especially susceptible to climate-related change.
Golden mussels also serve as hosts for an intermediate life stage
of a trematode parasite, and may carry these parasites with them,
spreading them to native aquatic animals. Many types of freshwater
fishes may host other life stages of this parasite and could be
negatively impacted by its introduction along with golden mussels.
Related disease in fish may cause fin damage, internal organ
impairment, and even death. In Japan, invasion of golden mussels also
introduced two species of these trematodes, which, in turn, negatively
impacted the health of many species of fish in the region (Baba et al.
2012, Baba and Urabe 2015). Furthermore, golden mussels are known to
host a type of virus known as marseilleviruses. These large viruses
have been isolated from water-related environments and from amoeba and
other organisms including humans. Among the reported marseilleviruses,
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the golden marseillevirus was isolated from golden mussels from a lake
in South Brazil (dos Santos et al. 2016). Potential impacts of these
viruses upon their various hosts are not well established.
Potential Impacts to Endangered and Threatened Species
At the time of the drafting of this proposed rule, the United
States has 95 endangered and threatened bivalve mollusks, 11 proposed
for listing, and 1 candidate for listing under the ESA (U.S. Fish and
Wildlife Service 2023a). Freshwater bivalves are among the most
threatened taxa in the word, with 40 percent of mussel and clam species
(45 percent of Unionidae) described as near threatened, vulnerable,
endangered, or extinct according to the IUCN Red List conservation
status (Lopes-Lima et al. 2018). Golden mussels may also directly
outcompete endangered and threatened mollusks for food or attach to
their shells, effectively smothering them. In South America, golden
mussels can colonize the tops of bivalves and crustaceans (Darrigran
2002), which may prevent their host from eating, moving, regulating
water (breathing), or reproducing. They would likely settle on and harm
comparable native taxa in newly invaded ranges.
Potential Impacts to Human Health or Safety
We have no evidence that golden mussels are directly harmful to
human health or safety. In South America, the first marseillevirus
isolated from mussels was recovered in golden mussels. These families
of viruses infect amoebas and have also been detected in humans, but
their potential human health implications still warrant further
investigation (Sahmi-Bounsiar et al. 2021).
Potential Impacts to Agriculture, Horticulture, or Forestry
The adverse economic effects of golden mussels to the interest of
humans is documented as negative and usually very costly (Boltovskoy et
al. 2022). Maintenance expenses would steeply rise for industries
processing surface water for power, cooling, irrigation, and drinking.
In Brazil, L. fortunei is considered the costliest invasive species for
aquatic ecosystems (Adelino et al. 2021).
Golden mussels are well known to damage agricultural irrigation
systems through biofouling. Their free-swimming larvae with sizes
ranging from 85 to 400 [micro]m (0.003 to 0.02 inches) (Cataldo et al.
2005) can evade grates and structural filters to access intake
pipelines and, once inside the structure, adhere to plumbing, valves,
gates, pumps, impellors, and other equipment, forming 10-cm (4-inch) or
thicker clusters (Xu et al. 2015). Shell debris from dead mussels may
also clog equipment and cause other maintenance problems. Golden
mussels similarly threaten other human-made facilities and
infrastructure, such as water transfer, water cooling, wastewater
processing, and (hydroelectric, thermal, and nuclear) power plants
(Magara et al. 2001, Boltovskoy et al. 2022, Zhang et al. 2022).
We found no evidence of golden mussels being directly or indirectly
harmful to horticulture or forestry interests.
Marbled Crayfish (Procambarus Virginalis)
Potential for Introduction
The primary pathway that the marbled crayfish (Procambarus
virginalis) may enter the United States is the commercial trade in live
animals. Marbled crayfish juveniles and adults may be transported by
aquaculture, aquarium, or live-food trades. The marbled crayfish
reportedly first became commercially available in North America around
2004 (Faulkes 2010). This self-cloning crayfish has grown in popularity
with aquarists (Faulkes 2010, Chucholl 2014, Zen Faulkes 2015,
Lipt[aacute]k et al. 2023) and for scientific research, such as
studying cancerous tumor clonality (Vogt 2010, Gutekunst et al. 2018).
In Madagascar, the marbled crayfish has also become valued as a protein
source for humans and domestic animals such as birds (Andriantsoa et
al. 2019, 2020). In 2023, marbled crayfish were found in the wild in a
pond near Burlington in Ontario, Canada, following previous suspected
but unconfirmed reports of this species found in the wild in this
region since 2021. This occurrence represents the first report of this
species in a non-captive status in North America (Marbled crayfish
[verbar] ontario.ca n.d.).
Potential for Spread
The marbled crayfish can tolerate seasonally low temperatures (ice
cover) while optimal growth and reproduction occurs at temperatures
between 20 to 25 [deg]C (68 to 77 [deg]F), which is achievable in small
or shallow aquatic habitats of otherwise cooler climates (Chucholl and
Pfeiffer 2010). Considering that one crayfish can produce up to 1,500
offspring per year under ideal conditions, this species' spread
potential is alarming. Further, its asexual reproductive strategy
(parthenogenesis) means it can reproduce without a mate and establish a
viable population if just one individual escapes.
The likelihood of establishment for the marbled crayfish based on
climate suitability modeling is especially high throughout the Great
Lakes and Southwest regions of the United States. At least 47 States
have high climate compatibility (U.S. Fish and Wildlife Service 2023b).
Potential Impacts to Native Species
The marbled crayfish could potentially outcompete native
crayfishes, amphibians, fishes, and other freshwater taxa for
resources, such as food and shelter. In particular, the southeastern
Appalachian Mountains hosts a global crayfish diversity hotspot
(Crandall and Buhay 2008). The life-history traits of the marbled
crayfish, including early sexual maturity (5 months), high reproductive
capacity, broad environmental tolerance, and adaptability to changing
abiotic conditions, all contribute to the species' invasiveness and
disruption of natural ecosystem balance. For comparison, invasive red
swamp crayfish (Procambarus clarkii) have displaced native amphibians
in Portugal (Cruz et al. 2008). The marbled crayfish was evenly matched
or superior in staged contests against the red swamp crayfish, which is
well known for its aggression and competitive dominance versus other
crayfish species (Jimenez and Faulkes 2011, Hossain et al. 2019). These
results suggest a potential for the marbled crayfish to compete with
native crayfish similar to the red swamp crayfish, which is often cited
as one of the most harmful invaders worldwide (Oficialdegui et al.
2020). The marbled crayfish also dominates the spiny cheek crayfish
(Faxonius limosus) (Linzmaier et al. 2018) and calico crayfish (F.
immunis) (Hossain et al. 2019) in analogous laboratory experiments to
assess aggression and combative behaviors among crayfish species. This
antagonistic behavior often predicts shelter acquisition and the
ability to avoid predation in the wild.
The marbled crayfish has demonstrated capacity to carry the
crayfish pathogen Aphanomyces astaci, the agent of the crayfish plague.
Aphanomyces astaci is an oomycete (water mold) that is highly
pathogenic to some crayfishes, and as an ``Office International des
Epizooties (OIE)-notifiable'' pathogen, its occurrence must be reported
to the World Organisation for Animal Health. Crayfish plague is of
significant concern related to wild crayfish ecology around
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the world, yet it is an endemic (constantly present) pathogen in North
America, believed to have co-evolved with North American crayfish
species. While this pathogen may cause crayfish plague associated with
high mortality among many species of crayfishes around the world,
native crayfish species in North America do not suffer apparent disease
and may be asymptomatic carriers (Mart[iacute]n-Torrijos et al. 2021).
Like these North American crayfish species, the marbled crayfish is
largely resistant to clinical impacts of crayfish plague but may be
infected with A. astaci and serve as a carrier with the potential to
transmit the pathogen to susceptible crayfish species (Keller et al.
2014, Francesconi et al. 2021). There are multiple strains of A. astaci
that circulate among infected crayfishes, so it is uncertain whether
any crayfish species in North America may be impacted by any strains of
A. astaci that could potentially be carried and introduced through the
marbled crayfish (Francesconi et al. 2021).
Additionally, other procambarid species are recognized as hosts and
carriers of another important pathogen, Batrachochytrium dendrobatidis,
that has demonstrated severe impacts on amphibian populations around
the world (Oficialdegui et al. 2019). The potential for the marbled
crayfish to carry and transmit this pathogen may have significant
consequences for native amphibians, including imperiled amphibian
species (Maciaszek et al. 2022).
Potential Impacts to Endangered and Threatened Species
At the time of the drafting of this proposed rule, the United
States has eight endangered and threatened crayfish species listed
under the ESA (U.S. Fish and Wildlife Service 2023c). The threatened
Panama City crayfish (Procambarus econfinae) belongs to the same genus
as the marbled crayfish. In the same family Cambaridae, there are five
endangered crayfishes (Cambarus aculabrum, C. veteranus, C.
zophonastes, C. cracens, and Faxonius shoupi (which is listed as
Orconectes shoupi)) and one threatened crayfish (C. callainus).
Pacifastacus fortis, belonging to the family Astacidae, is also listed
as endangered. There were no additional candidates or proposed species
of crayfish for listing under the ESA as of the drafting of this
proposed rule. The marbled crayfish may directly outcompete these
crayfishes given the behavioral experimental evidence of its dominance
over other Procambarus and Faxonius crayfishes (Jimenez and Faulkes
2011, Linzmaier et al. 2018, Hossain et al. 2020). The marbled crayfish
may also prey on endangered and threatened fishes, amphibians, and
mollusks based on comparable taxa it consumed in European field studies
(Deidun et al. 2018). In Poland, dissemination of marbled crayfish to a
nature-protected area has been reported, including habitats normally
occupied by threatened amphibians and with public and scientific
concern for native crayfish and amphibian population impacts (Maciaszek
et al. 2022).
Potential Impacts to Human Health or Safety
We have no evidence of this species being directly or indirectly
harmful to human health or safety.
Potential Impacts to Agriculture, Horticulture or Forestry
We found no evidence of the marbled crayfish being directly or
indirectly harmful to horticulture or forestry interests. However,
marbled crayfish dissemination and activity has prompted concern for
potentially adverse impacts to rice production and freshwater fisheries
elsewhere. Other invasive procambarid crayfish species have been
associated with negative impacts for rice farming through consumption
of rice seedlings and damage to crop irrigation systems through
burrowing activity, and similar impacts for marbled crayfish invasions
are plausible (Jones et al. 2009). Potential negative impacts of the
marbled crayfish on biodiversity of freshwater organisms, including
significant fisheries species, are also anticipated and have been
reported in social surveys (Andriantsoa et al. 2020).
II. Factors That Reduce Injuriousness
Asian Pond Mussels (Sinanodonta Species)
Potential Control Options
Mussel populations are difficult to remove manually, and
alternative chemical treatments can harm native biota. Available
biocides are not selective for genus- or species-level mussel or
crayfish treatments, so use of these products may kill native species.
Control measures that would harm other wildlife are not recommended to
reduce injuriousness, and therefore are not considered a practicable
risk mitigation measure. In small closed systems with water draining
capacity, such as aquaculture facilities, desiccation could be an
effective control method; however, Asian pond mussels may escape drying
by burrowing deeper into the sediment. Eradication of any of Asian pond
mussels in larger, hydrologically connected, natural systems would be
unprecedented and cause collateral damage to native species.
Potential Ecological Benefits
At least one Sinanodonta species (S. woodiana) has been advertised
in Europe as a natural filter to clean turbid or fouled waters in ponds
and aquaria due to high tolerance for poor water quality. According to
some researchers, potential benefits of their filter feeding to remove
suspended particles that could otherwise harm native mussels may be
overlooked (Douda and [Ccaron]adkov[aacute] 2018). In Poland,
intentional secondary spread of S. woodiana by the ``bucketful'' was
attributed to their water filtration effectiveness (Urba[nacute]ska et
al. 2021). They are also marketed in other European countries for water
purification and biocontrol purposes (Von Proschwitz 2008). However, we
could not find documentation of successful introduction of Asian pond
mussels for purposes of water purification or filtration.
There are other potential and documented uses of Sinanodonta
species. The attractive nacre color on the interior shell may invite
their use for culturing freshwater pearls (Arief et al. 2023).
Historically, freshwater mussels were used to make buttons in the
Mississippi River Basin prior to native mussel declines (Tucker and
Theiling 1999). In Europe, they are sold in garden centers that supply
pond and water garden products and through online stores for aquarium
hobbyists where they can be erroneously labeled as ``European pond
mussel'' (Dobler et al. 2022). In Indonesia, the invasive S. woodiana
has economical value as a local protein source for humans and other
cultivated animals like fishes (Bolotov et al. 2016). A recent study
from Italy demonstrated the potential for S. woodiana meal as a
substitute for fish meal in aquaculture for the high protein with
adequate amino acid composition (Sicuro et al. 2023). There is
currently no overt market in the United States for Asian pond mussels.
Golden Mussels (Limnoperna species)
Potential Control Options
Mussel populations are difficult to remove manually, and
alternative chemical treatments can harm native biota. Available
biocides are not selective for genus- or species-level mussel
treatments, so use of these products may kill native species. Control
measures that would harm other wildlife are not recommended to reduce
injuriousness, and therefore are not
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considered a practicable risk mitigation measure. In small closed
systems with water draining capacity, such as aquaculture facilities,
desiccation could be an effective control method. In enclosed
artificial systems, like municipal water supply pipelines, chlorine
treatments have successfully killed golden mussel (Limnoperna species)
larvae (Shin et al. 2014) and dissolved byssal threads, preventing
adhesion of adults (Zhang et al. 2022). However, eradication of golden
mussels in larger, hydrologically connected, natural systems would be
unprecedented and cause collateral damage to native species.
Potential Ecological Benefits
We are not aware of any documented ecological benefits for the
introduction of golden mussels.
Marbled Crayfish (Procambarus Virginalis)
Potential Control Options
Crayfish populations are difficult to remove manually, and
alternative chemical treatments can harm native biota. Chemical control
options using pyrethrin and pyrethroid pesticides and anthranilic
diamide insecticide in fish hatcheries to kill nonnative crayfish have
had some success (Allert et al. 2016). Further, biocides may be useful
in removal of nonnative crayfish is small isolated waterbodies,
although this technique may not be suitable for large water bodies or
connected water systems (Ballantyne et al. 2019). Carbon dioxide
diffusion has shown some promise as a mechanism for inducing crayfish
emergence to facilitate capture for invasive procambarid crayfish
control in infested areas, but it may require other mitigation measures
for an effective control strategy (Abdelrahman et al. 2021). Nonnative
crayfish trapping also showed limited effect on population abundance
and is not likely a reliable control option (Aluma et al. 2023).
Available biocides are not selective for genus- or species-level
crayfish treatments, so use of these products may kill native species.
Control measures that would harm other wildlife are not recommended to
reduce injuriousness, and therefore are not considered a practicable
risk mitigation measure. However, eradication of nonnative crayfish in
larger, hydrologically connected, natural systems would be
unprecedented and cause collateral damage to native species. In
Madagascar, eradication of marbled crayfish was regarded as not
possible or prohibitively expensive within a few years of their likely
introduction (Jones et al. 2009).
Summary of Potential Ecological Benefits
We are not aware of any documented ecological benefits for the
introduction of marbled crayfish.
Summary of Injurious Factors for All Taxa
Using the Service's injurious wildlife listing criteria, we found
that all foreign aquatic invertebrate taxa evaluated in this proposed
rule are injurious to wildlife and wildlife resources and one taxon is
injurious to agriculture. Table 1 shows a summary of the evaluation
criteria for all species.
Table 1--Summary of Injurious Wildlife Listing Criteria for Three Foreign Aquatic Invertebrate Taxa
--------------------------------------------------------------------------------------------------------------------------------------------------------
Factors that contribute to injuriousness Factors that reduce
----------------------------------------------------------------------------------------- injuriousness
---------------------------------
Taxa Nonnative Potential for Harm to native Harm to human Harm to Ecological
occurrences introduction and species \1\ health or safety agriculture \2\ Potential benefits of
spread control \3\ introduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Asian Pond Mussels........... Yes............. Yes............. Yes............. No.............. Possible....... No............. Possible.
Golden Mussels............... Yes............. Yes............. Yes............. Possible........ Yes............ No............. No.
Marbled Crayfish............. Yes............. Yes............. Yes............. No.............. Possible....... No............. No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes federally endangered and threatened species.
\2\ Includes aquaculture.
\3\ Control--``No'' if wildlife or habitat damages may occur from control measures proposed as mitigation.
Conclusion
Based on the available evidence, we conclude that the three
invertebrate taxa described herein each pose significant risk of harm
to interests of the United States if they were to be introduced into
the wild. To address these risks, identification of these taxa as
injurious wildlife under 18 U.S.C. 42 is within the authority of the
Service, and these listings would prevent their legal introduction into
the United States through international wildlife trade.
Asian pond mussels (genus Sinanodonta) are native in parts of Asia
but also found as nonnative throughout other regions in Asia as well as
Europe, Africa, Central America, and the Caribbean. Climate suitability
within the contiguous United States is high for these mussels. Deemed a
hyper-successful invader, these mussels are highly adaptable to varying
conditions in freshwater environments and may be likely to outcompete
native organisms for food and habitat resources when they are
introduced. Further, long-distance dispersal of larval Asian mussels by
various suitable fish host species may also make it difficult to
contain these mussels once introduced.
Golden mussels (genus Limnoperna) are native to southeast Asia but
have a nonnative distribution including Japan and parts of South
America. Also referenced as a hyper-successful invader in these
regions, golden mussels' capacity for high reproduction and fast
growth, high adaptability including tolerance of poor environmental
conditions, and ease of dispersal in part through their attachment to
boats or ships support a high potential for invasion. If introduced
into the wild, their high reproductive capacity and efficient feeding
behavior would potentially outcompete native aquatic life and disrupt
aquatic ecosystem balance. Golden mussels may also carry parasites that
could spread to and have negative health consequences for native
mollusks and fishes. The tendency of golden mussels to settle and grow
within human-made structures make them a serious threat to agriculture
and industry related to any infrastructure in or containing water,
similar to concerns associated with invasive zebra mussels.
The marbled crayfish (Procambarus virginalis) seemingly originated
in captivity and has no native range, but it has developed a nonnative
distribution throughout Europe and in Madagascar since it was reported
as a species in the mid-1990s. Like some other invasive crayfish of
concern, the reproduction, growth, and feeding habits of the marbled
crayfish support its ability to outcompete native crayfish for habitat
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and food. In addition, the highly unique parthenogenetic, clonal
reproduction of the marbled crayfish allows it to successfully
reproduce in nature with the presence of only one individual animal.
Displacement of native aquatic species, including endangered crayfish,
and disruption of aquatic ecosystem balance could be consequential
impacts if this species were to be introduced into the wild in the
United States.
There are currently no risk mitigation measures that appear
adequate for eradication of an established population of any of these
injurious foreign aquatic invertebrates if they are introduced into
natural ecosystems of the United States. Most of these species are in
minimal or no live import trade according to LEMIS records, making it
timely to list them before a commercial market develops and thereby
decreasing risk of new biological invasions through legal trade
pathways.
The risks posed to the interests of the United States by these taxa
in international wildlife trade are found to be substantive, and we
thereby propose to list Sinanodonta and Limnoperna species of
freshwater mussels as well as the marbled crayfish species as injurious
under 18 U.S.C. 42. If a determination is made to finalize the listing
of one, some, or all proposed species for listing as injurious after
evaluating the public comments and peer review, a final rule would be
published.
Required Determinations
National Environmental Policy Act (NEPA)
We reviewed this proposed rule in accordance with criteria of NEPA
(42 U.S.C. 4321 et seq.) and our Departmental Manual at 516 DM 8. This
rule does not constitute a major Federal action significantly affecting
the quality of the human environment. Under Department of the Interior
agency policy and procedures, this rule is covered by a categorical
exclusion (516 DM 8.5C(9)) with no extraordinary circumstances
associated with the listing action. Preparation of a detailed statement
under NEPA is not required because the rule would add species to the
list of injurious wildlife in the CFR at title 50, subchapter B, part
16, which prohibits the importation into the United States and
transportation between enumerated jurisdictions of wildlife found to be
injurious. For further information on this categorial exclusion, made
effective October 29, 2015, see 80 FR 66554. We also determined that
the rule does not involve any extraordinary circumstances listed at 43
CFR 46.215 that would require further analysis under the NEPA.
Endangered Species Act
Under the ESA (16 U.S.C. 1536(a)(2)), all Federal agencies must
ensure the actions they undertake are not likely to jeopardize the
continued existence of any endangered or threatened species or result
in destruction or adverse modification of critical habitat. The listing
of the three taxa of invertebrates as injurious wildlife species will
not result in general environmental changes on the landscape that meet
the two-part causation test (i.e., the ``but/for'' and ``reasonably
certain to occur'' standards) for determining ``effects of the
action,'' as defined at 50 CFR 402.02. Because there are no general
environmental changes that would not occur but for the listing and that
are reasonably certain to occur, the listing of the three taxa will not
result in any ``effects of the action,'' and a determination of ``no
effect'' is appropriate.
Government-to-Government Coordination With Tribes
In accordance with Executive Order (E.O.) 13175 (Consultation and
Coordination With Indian Tribal Governments), the Service has
collaboratively determined that these injurious listings would not have
negative Tribal implications. This proposed rule promotes healthy
ecosystems by preventing importation into the United States and
transportation between the enumerated jurisdictions of specific
freshwater mussels and a crayfish that are not native to the United
States. The proposed rule imposes no costs, and we are unaware of trade
in these foreign aquatic invertebrate species by Tribes.
Regulatory Planning and Review--Executive Orders 12866, 13563, and
14094
E.O. 14094 (Modernizing Regulatory Review) amends and reaffirms the
principles of E.O. 12866 (Regulatory Planning and Review) and E.O.
13563 (Improving Regulation and Regulatory Review). Regulatory analysis
should facilitate agency efforts to develop regulations that serve the
public interest, advance statutory objectives, and are consistent with
E.O. 12866, E.O. 13563, and E.O. 14094. Regulatory analysis, as
practicable and appropriate, shall recognize distributive impacts and
equity, to the extent permitted by law. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and amended by E.O. 14094,
provides that the Office of Information and Regulatory Affairs (OIRA)
in the Office of Management and Budget (OMB) will review all
significant rules. OIRA has determined that this rule is not a
significant regulatory action, as defined under section 3(f) of E.O.
12866 (58 FR 51735, October 4, 1993), as amended by E.O. 14094 (88 FR
21879, April 11, 2023).
This proposed rule would add all species of freshwater mussels from
two genera, Asian pond mussels (Sinanodonta species) and golden mussels
(Limnoperna species), to the list of injurious mollusks and would add
marbled crayfish (Procambarus virginalis) to the list of injurious
crustaceans. The listings would prohibit these species from being
imported live into the United States and shipped between the
continental United States, District of Columbia, Hawaii, Commonwealth
of Puerto Rico, or any territory or possession of the United States,
except as specifically authorized. Any regulations pertaining to the
possession, transport, or use of these species within a particular
State would remain the responsibility of that State.
To determine the effects of this proposed rule, we assessed the
markets for imports and domestic sales. For imports, we used LEMIS for
import data on the number of mussels and crayfish to estimate the
potential effects of the proposed rule. There were no reported live
imports of marbled crayfish or golden mussels from 2015 to 2021. For
the same period, there were only three shipments of live Asian pond
mussels, which totaled 240 specimens in 2020. Under this proposed rule,
we expect negligible import effects would be incurred due to minimal
imports of live animals.
For domestic sales, there are no comprehensive data collections or
databases for Asian pond mussels, golden mussels, or marbled crayfish.
After an internet search, we know of only one U.S. business for live
Asian pond mussels and no businesses selling live golden mussels. For
marbled crayfish, there are sellers through online aquarium sites and
auction sites. Faulkes (2015) stated that marbled crayfish accounted
for nearly half of crayfish (476 of 982 total crayfish) sold through
the online platform AquaBid in 2013. However, we have no other data
regarding domestic sales. Marbled crayfish are regulated as invasive at
the species level in at least 12 States
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(Arkansas, Georgia, Idaho, Kansas, Maryland, Michigan, Missouri, North
Carolina, Ohio, Oklahoma, Tennessee, and Virginia) and at a higher
taxonomic level by family or infraorder in several others. Golden
mussels are regulated as invasive at the species level in at least 5
States (Illinois, Michigan, Nevada, Ohio, and Wisconsin). We are
unaware of any species-specific State regulations for the Asian pond
mussel.
Due to limited data availability, we cannot estimate the number of
domestically bred mussels and crayfish that are transported between the
enumerated jurisdictions that would be prohibited under this proposed
rule. While there are domestic marbled crayfish sales, we expect
affected sales to be small because the rule does not prohibit
interstate transport between the 49 States in the continental United
States. Furthermore, pet stores outside the 49 States in the
continental United States represent less than 1 percent of all stores
and less than 1 percent of total pet store sales (U.S. Census Bureau
2017). We are requesting public comment on the number and value of
mussels (by species) and marbled crayfish that are domestically bred
and the percentage that are transported between the enumerated
jurisdictions (see Public Comments, above).
In the long term, the proposed rule is expected to benefit the
economy. Efforts to control or eradicate invasive species and manage
the costs they incur to society, once they have become established, are
generally recognized as being less effective and more expensive than
efforts to prevent potentially invasive species from establishing in
the first place (Cuthbert et al. 2022). As a result, sectors of the
economy would be expected to benefit from a timely listing process
because resources to control or manage injurious wildlife would not
need to be expended.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever a Federal agency is
required to publish a notice of rulemaking for any proposed or final
rule, it must prepare and make available for public comment a
regulatory flexibility analysis that describes the effect of the rule
on small entities (i.e., small businesses, small organizations, and
small government jurisdictions). However, no regulatory flexibility
analysis is required if the head of an agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Thus, for a regulatory flexibility analysis to be
required, impacts must exceed a threshold for ``significant impact''
and a threshold for a ``substantial number of small entities.'' See 5
U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require
Federal agencies to provide a statement of the factual basis for
certifying that a rule would not have a significant economic impact on
a substantial number of small entities.
The U.S. Small Business Administration (SBA) defines a small
business as one with annual revenue or employment that meets or is
below an established size standard for industries described in the 2022
North American Industry Classification System (NAICS) (U.S. Office of
Management and Budget 2022). To assess the effects of this proposed
rule on small entities, we focus on (1) entities that import live
animals of the listed genera and species, and (2) entities with sales
of live animals that are transported between the enumerated
jurisdictions in 18 U.S.C. 42(a)(1). Entities affected by the proposed
rule are represented by data from the NAICS, which are $32.0 million
for ``Pet and Pet Supplies Stores'' (NAICS 459910) and $2.75 million
for ``All Other Animal Production'' (NAICS 112990).
Under the proposed rule, we expect the number of entities that
import Sinanodonta, Limnoperna, or Procambarus virginalis to be small
because, according to LEMIS data, only three shipments of S. woodiana
were reportedly imported over 6 years from 2015 to 2021. We expect the
number of entities that ship or trade these species between the
enumerated jurisdictions to be small as well, because the proposed rule
would not prohibit interstate transport between the 49 States in the
continental United States. Furthermore, pet stores outside the 49
States in the continental United States represent less than 1 percent
of all stores and less than 1 percent of total pet store sales (U.S.
Census Bureau 2017). Thus, we do not expect the proposed rule would
have a significant economic effect on a substantial number of small
entities. Therefore, we certify that, if adopted as proposed, this rule
would not have a significant economic effect on a substantial number of
small entities as defined under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). An initial regulatory flexibility analysis is not
required. Accordingly, a small entity compliance guide is not required.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) does not
apply to this proposed rule since it would not impose Federal mandates
or have significant or unique effects on State, local, and tribal
governments, or the private sector.
Takings
In accordance with E.O. 12630 (Government Actions and Interference
with Constitutionally Protected Private Property Rights), this proposed
rule would not have significant takings implications. Therefore, a
takings implication assessment is not required, as this proposed rule
would not impose significant requirements or limitations on private
property use.
Federalism
In accordance with E.O. 13132 (Federalism), this proposed rule does
not have significant federalism effects. A federalism summary impact
statement is not required. This proposed rule would not have
substantial direct effects on the States, in the relationship between
the Federal Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
Civil Justice Reform
In accordance with E.O. 12988 (Civil Justice Reform), the Office of
the Solicitor has determined that this proposed rule does not unduly
burden the judicial system and meets the requirements of sections 3(a)
and 3(b)(2) of this E.O. The rulemaking has been reviewed to eliminate
drafting errors and ambiguity, was written to minimize litigation,
provides a clear legal standard for affected conduct rather than a
general standard, and promotes simplification and burden reduction.
Energy Supply, Distribution, or Use
E.O. 13211 (Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use) requires agencies to
prepare statements of energy effects ``to the extent permitted by law''
when undertaking certain actions (66 FR 28355; May 22, 2001). E.O.
13211 defines a ``significant energy action'' as an action that (i) is
a significant regulatory action under E.O. 12866 or any successor order
(most recently, E.O. 14094 (88 FR 21879; April 11, 2023)); and (ii) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy. This rule is not a significant
regulatory action under E.O. 12866 or 14094. Therefore, this action is
not a significant energy action, and there is no requirement to prepare
a statement of energy effects for this action.
[[Page 1936]]
Paperwork Reduction Act
This proposed rule does not contain any new collections of
information that require approval by OMB under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. OMB previously
approved the information collection requirements associated with the
importation of injurious wildlife and assigned OMB Control Number 1018-
0078 (expires 01/31/2024, and in accordance with 5 CFR 1320.10, an
agency may continue to conduct or sponsor this collection of
information while the submission is pending at OMB).
Clarity of Rule
In accordance with E.O. 12866 (Regulatory Planning and Review) and
E.O. 12988 (Civil Justice Reform) as well as the Presidential
Memorandum of June 1, 1998, all rules must be written in plain
language. This means that each published rulemaking must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences;
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
Authors
The primary authors of this proposed rule are the staff members of
the U.S. Fish and Wildlife Service's Branch of Aquatic Invasive Species
(see FOR FURTHER INFORMATION CONTACT).
List of Subjects in 50 CFR Part 16
Fish, Imports, Reporting and recordkeeping requirements,
Transportation, Wildlife.
Proposed Regulation Promulgation
For the reasons discussed in the preamble, the U.S. Fish and
Wildlife Service proposes to amend part 16, subchapter B of chapter I,
title 50 of the Code of Federal Regulations, as follows:
PART 16--INJURIOUS WILDLIFE
0
1. The authority citation for part 16 continues to read as follows:
Authority: 18 U.S.C. 42.
0
2. Amend Sec. 16.13 by adding paragraphs (a)(2)(xi) through (xiii) to
read as follows:
Sec. 16.13 Importation of live or dead fish, mollusks, and
crustaceans, or their eggs.
(a) * * *
(2) * * *
(xi) Any live mollusks, gametes, viable eggs, or hybrids of Asian
pond mussels, genus Sinanodonta.
(xii) Any live mollusks, gametes, viable eggs, or hybrids of golden
mussels, genus Limnoperna.
(xiii) Any live crustaceans, gametes, viable eggs, or hybrids of
Procambarus virginalis (marbled crayfish), family Cambaridae.
* * * * *
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-31202 Filed 1-8-25; 8:45 am]
BILLING CODE 4333-15-P