1922 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Proposed Rules 

(2) Administrator discretion. The 

Administrator retains the discretion to 

require other electronic means and 

additional notifications if a 

manufacturer’s chosen means is 

impractical, does not feasibly reach all 

affected owners, purchasers, or lessees, 

or is otherwise deemed inappropriate. 

(3) Electronic recall notification plans. 

(i) At least once every five (5) years 

manufacturers shall submit to NHTSA’s 

Recall Management Division (NEF–107), 

through the online Manufacturers Recall 

Portal, a plan for the notification of 

owners, purchasers, and lessees of 

recalls by electronic means. This plan 

must describe the means of electronic 

notification that the manufacturer 

anticipates utilizing for its recalls and 

how the manufacturer will evaluate the 

selection of the electronic means 

utilized for a recall, including an 

explanation of any preferences for the 

use of certain electronic means. 

(ii) A manufacturer’s electronic recall 

notifications issued under this section 

must be consistent with its electronic 

recall notification plan unless the 

manufacturer notifies NHTSA no fewer 

than ten (10) Federal Government 

business days before the anticipated 

issuance of any notification by 

electronic means that would be 

inconsistent with its electronic recall 

notification plan, with an accompanying 

explanation for the inconsistency. 

■ 4. Amend § 577.10 by revising 

paragraph (g) to read as follows: 

§ 577.10 Follow-up notification. 

* * * * * 

(g) A follow-up notification sent by 

first-class mail or by electronic means 

shall be sent in conformance with the 

requirements of § 577.7 of this part. 

Notwithstanding any other provision of 

this part, the Administrator may 

authorize the use of other means besides 

first-class mail and electronic means for 

a follow-up notification. 

Issued in Washington, DC, under 

authority delegated pursuant to 49 CFR 

1.95 and 501.8. 

Eileen Sullivan, 

Associate Administrator for Enforcement. 

[FR Doc. 2024–31011 Filed 1–8–25; 8:45 am] 

BILLING CODE 4910–59–P 

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. 

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 § 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 cooccurring 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 


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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, PouRovira 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 selffertilization (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 

(Sa ́rka ́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 (Urban ́ 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 Cˇ adkova ́ 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 

(Sa ́rka ́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, (Sa ́rka ́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 Crncˇan 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 (Paunovic ́ 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 

(Urban ́ 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 (Urban ́ ska et al. 2021). 

Their invasive potential as recognized 

through the scientific literature has 

earned them a designation as a ‘‘hypersuccessful 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-ofpearl). 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 (mm) (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 

(°C) (81.5 degrees Fahrenheit (°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 (Bla ́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 (Paˆrvulescu 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 (Urban ́ 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-riskscreening-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 °C (50 to 86 degrees °F) (Kraszewski 

and Zdanowski 2007) but can also adapt 

to cold temperatures and waterbodies 

with yearly ice formation (Konecˇny ́ et 

al. 2018, Urban ́ 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 

Cˇ adkova ́ 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 °C (57 to 90.7 °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 °C (34 °F) for nearly a week and below 

5 °C (41 °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° N, 116.26° 

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 (Gonza ́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 freeswimming larvae with sizes ranging 

from 85 to 400 mm (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, 

Lipta ́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 noncaptive status in North America 

(Marbled crayfish | 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 

°C (68 to 77 °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 lifehistory 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 (Martı ́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 Cˇ adkova ́

2018). In Poland, intentional secondary 

spread of S. woodiana by the 

‘‘bucketful’’ was attributed to their 

water filtration effectiveness (Urban ́ 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

Taxa 

Factors that contribute to injuriousness Factors that reduce 

injuriousness 

Nonnative 

occurrences 

Potential for 

introduction 

and spread 

Harm to 

native 

species 1

Harm to 

human 

health or 

safety 

Harm to 

agriculture 2 Potential 

control 3

Ecological 

benefits of 

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 hypersuccessful 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, longdistance 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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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Proposed Rules 1935 

(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. 


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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 

■ 1. The authority citation for part 16 

continues to read as follows: 

Authority: 18 U.S.C. 42. 

■ 2. Amend § 16.13 by adding 

paragraphs (a)(2)(xi) through (xiii) to 

read as follows: 

§ 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 


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