The U.S. Fish and Wildlife Service proposes adding two freshwater mussel genera (Limnoperna and Sinanodonta) and one crayfish (Procambarus virginalis), totaling 28 species, to the list of injurious wildlife under 18 U.S.C. § 42. This action would prohibit importation of these live animals and their viable eggs into the United States. In addition, transportation of listed taxa between the continental United States, District of Columbia, Hawaii, Commonwealth of Puerto Rico, or any United States territory or possession would also be prohibited.

The proposed rule will publish in the Federal Register on January 10, 2025, opening a 60-day public comment period that closes March 11, 2025. 

Under 18 USC 42 of the Lacey Act, a species of wildlife can be listed as injurious because it has been demonstrated to be harmful or has the potential to be harmful to the health and welfare of humans; the interests of forestry, agriculture, or horticulture; the welfare and survival of wildlife; or the resources that wildlife depend upon.

To control the introduction and spread of an injurious species, the listing of the species as “injurious” under the Lacey Act means that its importation is prohibited without a permit issued by the Service. This action would prohibit importation of these live animals and their viable eggs into the United States. In addition, transportation of listed taxa between the continental United States, District of Columbia, Hawaii, Commonwealth of Puerto Rico, or any United States territory or possession would also be prohibited.

Permits may be granted for the importation or transportation of live specimens of injurious wildlife for scientific, medical, educational or zoological purposes. The injurious wildlife listing does not prohibit exportation from the United States. For more information, please visit our Office of Law Enforcement website.

All 28 species proposed for listing are nonnative, have a history of invasiveness abroad, and, except for one species in the Sinanodonta genus and the singular species of the Limnoperna genus (each of which having a limited regional distribution within the United States), are not known to occur in nature within the Nation. Given their collectively broad climate adaptability, these freshwater invertebrates could cause widespread economic and environmental harm to domestic aquatic environments and infrastructure if established.

The proposed rule opens a 60-day public comment period on the rule. The Service will review and consider the public and peer review comments and any new information we receive. The public comment period ends on March 11, 2025. 

Information on the rule, associated documents and how to submit comments can be found at www.federalregister.gov by searching for docket number FWS-HQ-FAC-2024-0060.

The Service is soliciting comments from three peer reviewers under the guidelines for federal agencies from the Office of Management and Budget (OMB) Peer Review Memorandum A summary of the peer reviewers’ comments and our responses to them will be included in the final rule.

Preventing injurious wildlife from entering the United States is widely considered the most economically effective and efficient management approach for avoiding the ecological damage and economic losses often caused by invasive species invasive species
An invasive species is any plant or animal that has spread or been introduced into a new area where they are, or could, cause harm to the environment, economy, or human, animal, or plant health. Their unwelcome presence can destroy ecosystems and cost millions of dollars.

Learn more about invasive species . The Service has previously listed species proactively (that is, before they became established), such as many species of snakehead fish and walking catfishes, invasive silver carp, the raccoon dog, the brushtail possum, and the southern African python. For those few species that may already be in the United States, we believe that this regulation will help keep them from becoming established or more broadly established in ecosystems of the United States.

The Service will review the public comments, and the peer review comments and any new information that we receive. If we receive new information that changes the results of our determination on any of taxa proposed for listing, we will re-evaluate whether it should be listed as injurious. If a determination is made to finalize the listing of taxa as injurious after evaluating the comments we receive during this proposed rule’s comment period, a final rule would be published. The final rule would contain responses to comments we receive on the proposed rule, state the final decision, and provide the justification for that decision.  Taxa added to the injurious list will be identified in the Code of Federal Regulations (in 50 CFR 16.13). We are not required to list all three taxa as a group.  For this final rule we will evaluate each of the taxa individually. We may list all, some, or none of the 3 taxa as injurious.

After careful analysis, we consider these species to be at high risk for invading U.S. ecosystems. If finalized, the rule would help our nation proactively protect our natural resources while avoiding the potential ecological and economic losses associated with these organisms.

The Service determined its decision to propose the species as injurious based on two sets of scientific data.

First, the agency evaluated the factors that contribute to a species being considered injurious, including:

• 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 threatened and endangered species and their habitats.
• Impacts to human beings, forestry, horticulture and agriculture.
• Wildlife or habitat damages that may occur from control measures.

Second, the Service evaluated factors that reduce the likelihood of the invasive species invasive species
An invasive species is any plant or animal that has spread or been introduced into a new area where they are, or could, cause harm to the environment, economy, or human, animal, or plant health. Their unwelcome presence can destroy ecosystems and cost millions of dollars.

Learn more about invasive species causing harm, including the:

• Ability to prevent escape and establishment.
• Potential to eradicate or manage established populations.
• Ability to rehabilitate disturbed ecosystems.
• Ability to prevent or control the spread of pathogens or parasites.
• Any potential ecological benefits to introduction.

The Service’s scientific evaluation concludes that all three taxa qualify as injurious wildlife under the Lacey Act.

None of the taxa are known to be directly harmful to humans. None is venomous, poisonous or documented to prey on humans.   Indirectly, however, the potential for these freshwater invertebrate taxa to cause widespread economic impacts through damage to infrastructure and other resources or to cause environmental harm to domestic aquatic environments is highly plausible should they become established in the United States.

During the proposed rule phase, the injurious wildlife prohibitions do not apply. If any of the proposed taxa becomes listed as injurious in a final rule, and you anticipate needing to import live individuals (or their gametes, hybrids, and viable eggs) of one or more of the taxa for zoological, educational, medical, or scientific purposes, you should apply for a permit from the U.S. Fish and Wildlife Service as soon as possible to allow at least 60 days for processing. Permits for scientific, medical, educational, or zoological purposes may be requested by filing form 3-200-42 with the U.S. Fish and Wildlife Service, Division of Management Authority, Branch of Permits, MS: IA, 5275 Leesburg Pike Falls Church, VA 22041-3803.

The application form may be obtained through the Service’s International Affairs website or at http://www.fws.gov/permits, or by calling 1-800-358-2104 or 703-358-2104.

The injurious wildlife listing does not have provisions to allow the importation of personal pets. Therefore, if the proposed rule becomes final, none of the 3 taxa may be imported as a pet. The owners of any individuals of the 3 taxa proposed to be listed as injurious would still be allowed to keep them under this rule. It will be lawful for pet owners to keep their pets (if allowed by State law).

The injurious wildlife regulations can be found on the following link: 50 CFR part 16.

For questions about permits, contact: Division of Management Authority, Branch of Permits 

E-mail: managementauthority@fws.gov

Phone: 1-800-358-2104

For questions about the laws and penalties regarding injurious wildlife, contact: Office of Law Enforcement 

E-mail: lawenforcement@fws.gov

For more on the Service’s work to prevent the introduction of new harmful species, visit: Fish and Aquatic Conservation, Injurious Wildlife

E-mail: preventinvasives@fws.gov