Endangered Species Act: U.S. Fish and Wildlife Service Proposes Two Southern Freshwater Mussels for Listing
March 29, 2023
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Fish and Wildlife Service (“Service”) has proposed to list two southern freshwater mussels under the Endangered Species Act (“ESA”). See Docket No. FWS-R2-ES-2022-0026.
The Service’s listing decision include:
- Texas heelsplitter as an endangered species
- Louisiana pigtoe as a threatened species
The Service also proposes under Section 4(d) of the ESA critical habitat for both species.
Portions of three counties in Arkansas are designated for the Louisiana pigtoe. The mussels are stated to occur in the Cossatot, Saline, Rolling Fork, and Little rivers in Arkansas.
Identified as threats to both species include:
- Water pollution
- Declining river flows
- Higher water temperatures
The listing decisions for those species are undertaken pursuant to Section 4 of the ESA and implementing regulations in Title 50 of the Code of Federal Regulations. The ESA defines an “endangered species” as a species that is in danger of extinction throughout all or a significant portion of its range. A “threatened species” is defined as a species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
A link to the prepublication proposed rule can be found here.
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