The Service is announcing the following four actions under the Endangered Species Act associated with seven central Texas mussel species:

1. Protecting the Texas fawnsfoot as threatened.
2. Implementing a special rule under section 4(d) of the ESA to streamline and exempt from the regulatory process certain management actions that benefit the Texas fawnsfoot.
3. Protecting the Texas pimpleback, Guadalupe orb, Texas fatmucket, Guadalupe fatmucket, Balcones spike and false spike as endangered species. 
4. Designating 1,577 river miles of critical habitat in four river basins in central Texas to conserve the seven species of mussels.

The decision to list these species under the ESA is based on the best scientific and commercial data available and recently completed Species Status Assessment (SSA) report. Biologists from the Service field offices and the regional office developed the SSA with input from six species experts, Texas Parks and Wildlife Department (TPWD), and other partners. Our SSA analyzed individual, population, and species requirements, as well as factors affecting the species’ survival and their current conditions, to assess the species’ current and future viability in terms of resilience, redundancy, and representation. 

After careful examination of the best available scientific information available for the seven central Texas freshwater mussels, the Service determined that the Texas fawnsfoot meets the definition of threatened, and the Texas pimpleback, Guadalupe orb, Texas fatmucket, Guadalupe fatmucket, Balcones spike and false spike meet the ESA’s definition of endangered.

In September 2020, the false spike was split into two species by a group of independent researchers due to new taxonomic information. The populations in the Guadalupe River basin remained the false spike, while the Brazos and Colorado River basin populations are now known as the Balcones spike. In 2021, the Service proposed to list the false spike as an endangered species along with five other Central Texas mussel species, although due to timelines and process, we had not yet formally recognized the species’ taxonomic changes. The Service now recognizes the Balcones spike and false spike as two separate and unique species, and they will both be receiving protection under the ESA. 

“Endangered” is defined by the ESA as a species that is currently in danger of becoming extinct throughout all or a significant portion of its range. “Threatened” is defined as a species that is likely to become endangered in the foreseeable future. 

Threatened status provides the Service and state agencies increased flexibility when managing a species and issuing “take” permits. Take is defined by the ESA as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct. The Service may issue permits for take for (1) scientific purposes, (2) enhancing propagation or survival, (3) incidental take when done under the provisions of a Service-approved habitat conservation plan or Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 consultation, (4) zoological exhibition, (5) educational purposes, or (6) special purposes consistent with the purposes of the ESA. 

Section 4(d) of the ESA allows the Service to implement special regulations that tailor the take protections for threatened species if special regulations are necessary and advisable to conserve the species. These special regulations cannot be developed for endangered species. The Service is implementing a 4(d) rule for the Texas fawnsfoot to streamline and exempt from regulatory process certain management actions that benefit the species.

The central Texas mussels are found throughout portions of the Brazos, Colorado, Trinity and Guadalupe river basins in Texas. A number of factors threaten these mussels, includingdeclines in water quality, loss of stream flow, riparian riparian
Definition of riparian habitat or riparian areas.

Learn more about riparian and instream habitat fragmentation, and degradation of instream habitats. Urbanization and changes in climate patterns exacerbate these threats. Below is information on each of the central Texas mussels.

The Texas fawnsfoot (Truncilla macrodon) occurs in the Brazos, Colorado, and Trinity River basins, Texas. In the Brazos basin, Texas fawnsfoot occurs in the Brazos, Navasota, San Gabriel, and Little rivers, the Clear Fork of the Brazos River, and Brushy Creek. In the Colorado basin, Texas fawnsfoot occurs in the San Saba River and in the Colorado River. In the Trinity basin, Texas fawnsfoot occurs in the Trinity River and the East Fork of the Trinity River. Texas fawnsfoot are threatened by water quality decline and small population sizes.    

The Texas pimpleback (Cyclonaias petrina) occurs in portions of the Colorado River basin, Texas, including the Colorado, Concho, Llano, San Saba, and Pedernales Rivers, as well as Elm and Bluff Creeks. This species has very little evidence of reproduction in all but one population, and the drought of 2011-13 likely resulted in the extirpation of at least one population.

The Guadalupe orb (Cyclonaias necki) occurs in portions of the Guadalupe River basin, Texas, including the South Fork Guadalupe, Guadalupe, Blanco, and San Marcos Rivers. Only two populations remain of this species, and one population does not appear to be reproducing, as all Guadalupe orb mussels found in recent years are older individuals.

The Texas fatmucket (Lampsilis bracteata) occurs in portions of the Colorado River basin, Texas, including the San Saba, Llano, North Llano, South Llano, James, and Pedernales Rivers, as well as Bluff, Cherokee, Elm, Threadgill, Live Oak, Onion, and Rocky Creeks. This species occurs in headwater streams that are very susceptible to drying.

The Guadalupe fatmucket (Lampsilis bergmanni) occurs in portions of the Guadalupe River basin, Texas, including the North Fork Guadalupe and Guadalupe Rivers, as well as Johnson Creek. Very few individuals of this species have been found in recent years, and the rivers in which the species occurs are subject to low flows.

The Balcones spike (Fusconaia iheringi) was recently discovered to be a unique species and split from the false spike that was once thought to be extinct but was rediscovered in 2011. The Balcones spike only occurs in the Brazos and Colorado River basins, while the false spike only occurs in the Guadalupe River basin. Currently, the Balcones spike occurs in three populations: in the Little River and some tributaries in the Brazos River basin, and the lower San Saba and Llano Rivers in the Colorado River basin. All populations of this species are small and isolated, and most populations are subject to declining flows. 

The false spike (Fusconaia mitchelli) was once thought to be extinct but was rediscovered in 2011. It occurs in portions of the Guadalupe River basin, Texas. In the Guadalupe basin, false spike occurs in the Guadalupe and San Marcos rivers. This single population of this species is small and isolated, and is subject to declining flows

Mussels are biological indicators of healthy streams and rivers that benefit people and wildlife. The presence of diverse, abundant, and reproducing mussel populations indicates healthy ecosystems and good water quality for waterfowl and other wildlife species.

Mussels perform important ecological functions. They are natural filters, and by feeding on algae, plankton, and suspended detritus and silts, they help purify the aquatic system. Mussels are also an important food source for many species of wildlife including otters, raccoons, muskrats, herons, egrets, and some fish. 

Critical habitat identifies geographic areas occupied at the time a species is listed that contain the physical or biological features essential to the species’ conservation. Critical habitat may also include areas outside the geographic area the species occupies when listed that are essential for conserving the species. The ESA defines “conservation” as the actions leading to a species’ eventual recovery so that it no longer requires ESA protections.

Effects to critical habitat from actions carried out, funded, or authorized by a federal agency are considered during interagency cooperation under section 7 of the ESA, commonly referred to as “consultation.”. Under such consultations, the Service reviews federal actions both for effects to species as well as their designated critical habitat. Such review considers how federal actions affect the “physical or biological features essential to conserve a listed species” and the critical habitat’s ability to support the species throughout its lifecycle and to meet the species’ recovery needs.

Designating critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area conservation area
A conservation area or wildlife management area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife. There are 13 conservation areas and nine wildlife management areas in the National Wildlife Refuge System.

Learn more about conservation area . Designating critical habitat imposes no requirements on state or private actions on state or private lands where no federal funding, permits, or approvals are required.

Critical habitat designation has several benefits including: (1) triggering consultation under section 7 of the ESA in designated areas for actions with a federal nexus where consultation would not otherwise occur (such as when an  area has become unoccupied, or the occupancy is in question); (2) focusing conservation activities on the most essential features and areas; (3) providing educational benefits to state or county governments or private entities; and (4) preventing inadvertent harm to the species from human activities.

Critical habitat designation is a tool used to identify areas that are important to the recovery of a species. It also notifies federal agencies of areas that must be given special consideration when they are planning, implementing, or funding activities. Federal agencies are required to consult with the Service on their actions that may affect critical habitat. A critical habitat designation has no effect on land use or related activities when a federal agency is not involved. For example, a private landowner undertaking a project that involves no federal funding or permit has no additional responsibilities if his or her property falls within critical habitat boundaries.

All areas designated as critical habitat for the central Texas mussels contain one or more of the physical or biological features essential for the conservation of the species. When determining critical habitat, biologists consider habitat features necessary for all life stages and successful reproduction of the species. Habitat areas essential for mussel conservation are those that provide for the biological needs of reproducing, feeding, sheltering, dispersal, and genetic exchange.

The Service is designating approximately 1,577.5 river miles (2,538.7 river kilometers) in Blanco, Brown, Caldwell, Coleman, Comal, Concho, DeWitt, Gillespie, Gonzales, Guadalupe, Hays, Kerr, Kendall, Kimble, Lampasas, Llano, Mason, McCulloch, Menard, Mills, Palo Pinto, Parker, Runnels, San Saba, Shackelford, Stephens, Sutton, Tom Green, Travis, Throckmorton, and Victoria Counties, Texas. 

A map overview and more detailed information can be found in the Federal Register notice

A critical habitat designation does not set up a preserve or refuge. It only affects activities with federal involvement, such as federal funding or a federal permit. Listed species and their habitats are protected by the ESA whether or not they are in areas designated as critical habitat. 

Designation of critical habitat can help focus conservation activities for a listed species by identifying areas that contain the physical and biological features that are essential for the conservation of that species. Critical habitat also alerts the public as well as land management agencies to the importance of these areas.

Even when there is not a critical habitat designation, federal agencies must consult with the Service if an action they fund, authorize, or permit may affect listed species.

Our rule under section 4(d) of the ESA outlines prohibitions necessary and advisable for the conservation of the Texas fawnsfoot. In this 4(d) rule, we provide prohibitions that are necessary for the conservation of the species and exemptions for activities we determined will have minor or temporary effects and are not anticipated to affect the viability of the Texas fawnsfoot populations including habitat and population restoration, surveys, and some water management activities.

Under the 4(d) rule, the following activities are allowed:

• Species restoration efforts being conducted by a designated the Service employee or state wildlife agency including collection and release for survey activities and tissue collection for genetic analysis (non-lethal techniques). State wildlife agencies must coordinate with the Service prior to starting any species restoration efforts for this exception to apply. 
• Channel restoration projects that create natural, physically stable, ecologically functioning streams, as well as projects that remove barriers to fish passage fish passage
  Fish passage is the ability of fish or other aquatic species to move freely throughout their life to find food, reproduce, and complete their natural migration cycles. Millions of barriers to fish passage across the country are fragmenting habitat and leading to species declines. The U.S. Fish and Wildlife Service's National Fish Passage Program is working to reconnect watersheds to benefit both wildlife and people.
  
  Learn more about fish passage (i.e., low head dams, perched culverts, and other impoundments).
• Bioengineering methods such as streambank stabilization using live stakes (live, vegetative cuttings inserted or tamped into the ground in a manner that allows the stake to take root and grow), live fascines (live branch cuttings, usually willows, bound together into long, cigar-shaped bundles), or brush layering (cuttings or branches of easily rooted tree species layered between successive lifts of soil fill). 
• Soil and water conservation practices and riparian riparian
  Definition of riparian habitat or riparian areas.
  
  Learn more about riparian and adjacent upland habitat management activities that restore in-stream habitats for the species, restore adjacent riparian habitats that enhance stream habitats for the species, stabilize degraded and eroding stream banks to limit sedimentation and scour of the species’ habitats, and restore or enhance nearby upland habitats to limit sedimentation of the species’ habitats and comply with conservation practice standards and specifications and technical guidelines developed by the Natural Resources Conservation Service.

• Individuals who successfully complete and show proficiency by passing the end-of-course test with a score equal to or greater than 90 percent, with 100 percent accuracy in identification of mussel species listed under the Endangered Species Act, in an approved freshwater mussel identification and sampling course (specific to the species and basins in which the Texas fawnsfoot is known to occur), such as that administered by the Service, state wildlife agency, or qualified university experts, when surveying for the presence or abundance of Texas fawnsfoot.

The 4(d) rule allows species and habitat restoration efforts as well as agriculture, transportation, and water management activities that comply with Candidate Conservation Agreements with Assurances (CCAA), Best Management Practices, NRCS Working Lands for Wildlife Conservation Plans, Conservation Practice Guidelines, Water Quality Standards, or similar guidance issued or otherwise approved by the Service. 

We cannot restore, protect, and reconnect habitat for the mussel species like the Texas fawnsfoot without the assistance of partners. Our action is meant to focus our resources on the actions that are most important to conserve the species while avoiding regulation of activities that may cause small amounts of take but are not significant issues for the overall conservation of the species or that provide a conservation benefit for the species. Our priority is to work with our partners and private landowners to reverse its decline and help the species coexist with those who make their living from our rivers and streams.

Species listed as endangered or threatened under the ESA benefit from conservation measures that include recognition of threats to the species, implementation of recovery actions, and federal protection from harmful practices.

Listing under the ESA results in public awareness and conservation by federal, state, tribal, and local agencies, as well as private organizations and individuals. The ESA encourages cooperation with the states and other partners to conserve listed species, and such recognition of threats can help the agencies and other entities to identify ways to avoid or reduce effects to the species during consultation and technical assistance.

The ESA also requires the Service to develop and implement recovery plans for the conservation of threatened and endangered species. Recovery plans outline actions that are needed to improve the species’ status such that it no longer requires protection under the ESA. The Service develops and implements these plans in partnership with the species experts; other federal, state, and local agencies; Tribes; nongovernmental organizations; academia; and other stakeholders. Recovery plans also establish a framework for recovery partners to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. Examples of typical recovery actions include habitat protection, habitat restoration (e.g., restoration of stream flow), research, captive propagation, and reintroduction.

Under the ESA, federal agencies must ensure actions they approve, fund, or carry out do not jeopardize the continued existence of a listed species or destroy its critical habitat. In addition, under the ESA, endangered animal species cannot be killed, hunted, collected, injured, or otherwise subjected to harm. Endangered species also cannot be purchased or sold in interstate or foreign commerce without a federal permit.

The Service has proactively been working with water authorities in Central Texas on native freshwater conservation. Several water authorities in Central Texas have demonstrated their commitment to conserving these native freshwater mussels by developing voluntary Candidate Conservation Agreements with Assurances (CCAA) with the Service, including the Brazos River Authority, Lower Colorado River Authority, Upper Trinity River Water Quality Compact, and Tarrant Regional Water District. The Service is also developing a Habitat Conservation Plan (HCP) with the Guadalupe-Blanco River Authority.

A variety of activities occur in or adjacent to the rivers and streams where these mussels occur, including those listed above. Any activities resulting in take of listed mussels, directly or indirectly, would require a permit under Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 or 10 of the ESA. Furthermore, federal agencies are required to consult on the effects of their actions to threatened and endangered species and their designated critical habitats under Section 7 of the ESA. Regulatory assurances can be provided through Section 10 permits (Habitat Conservation Plans, Safe Harbor Agreements, and Candidate Conservation Agreements) and through Section 7 consultations (Biological Opinions or other consultation documents).