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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Proposed Rules]
[Pages 1922-1936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31202]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 16

[Docket No. FWS-HQ-FAC-2024-0060; FXFR13360900000-245-FF09F14000]
RIN 1018-BH15

Injurious Wildlife Species; Listing Two Freshwater Mussel Genera 
and One Crayfish Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add 
all species of freshwater mussels from two genera, Asian pond mussels 
(Sinanodonta species) and golden mussels (Limnoperna species), to the 
list of injurious mollusks. Additionally, the Service proposes to add 
marbled crayfish (Procambarus virginalis) to the list of injurious 
crustaceans. Listing these taxa as injurious will prohibit the 
importation of any live animal, larvae, viable egg, or hybrid of these 
taxa into the United States, except as specifically authorized. These 
listings would also prohibit shipment of any live animal, larvae, 
viable egg, or hybrid of these species between the continental United 
States, District of Columbia, Hawaii, Commonwealth of Puerto Rico, or 
any territory or possession of the United States, except as 
specifically authorized. The action is necessary to protect wildlife 
and wildlife resources by preventing the introduction and subsequent 
establishment of these foreign aquatic invertebrates into ecosystems of 
the United States.

DATES: We will accept comments received or postmarked on or before 
March 11, 2025.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-FAC-2024-0060, 
which is the docket number for this proposed rule. You may submit a 
comment by clicking on ``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-HQ-FAC-2024-0060, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by one of the methods 
described above. We will post all comments on https://www.regulations.gov, meaning that we will generally post any personal 
information you provide (see Public Comments, below, for more 
information). This proposed rule and all supporting documentation, 
including the environmental action statement and references cited in 
this proposed rule, are available on https://www.regulations.gov in 
Docket No. FWS-HQ-FAC-2024-0060.

FOR FURTHER INFORMATION CONTACT: Kristen Sommers, Injurious Wildlife 
Listing Coordinator, U.S. Fish and Wildlife Service, Branch of Aquatic 
Invasive Species; MS: FAC, 5275 Leesburg Pike, Falls Church, VA 22041-
3803; by telephone at 571-329-2214. Individuals in the United States 
who are deaf, deafblind, hard of hearing, or have a speech disability 
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications 
relay services. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point of contact in the United States. Please see Docket No. 
FWS-HQ-FAC-2024-0060 on https://www.regulations.gov for a document that 
summarizes this proposed rule.

SUPPLEMENTARY INFORMATION:

Executive Summary

    The U.S. Fish and Wildlife Service (Service) proposes to add the 
genus of Asian pond mussels (Sinanodonta), the genus of golden mussels 
(Limnoperna), and the marbled crayfish (Procambarus virginalis) to the 
list of injurious wildlife in title 50 of the Code of Federal 
Regulations (CFR) at Sec.  16.13 (50 CFR 16.13). This action would 
prohibit these genera and species from being imported into the United 
States and shipped between the continental United States, District of 
Columbia, Hawaii, Commonwealth of Puerto Rico, or any territory or 
possession of the United States, except as specifically authorized. The 
purpose of listing all species from two freshwater mussel genera and 
one crayfish species is to protect U.S. interests and natural resources 
by preventing introduction of these injurious aquatic invertebrates 
into ecosystems of the United States. The final rule may confirm 
individual, some, or all proposed species for listing as injurious.
    Based on current taxonomic classification, there are 26 species in 
the Sinanodonta genus, 1 species in the Limnoperna genus, and the 
marbled crayfish (Procambarus virginalis) that we are proposing for 
listing as injurious under 18 U.S.C. 42(a)(1) (the injurious wildlife 
listing provision of the Lacey Act). These taxa share various generic

[[Page 1923]]

biological traits of invasiveness, including early sexual maturity, 
high dispersal capability, large reproductive capacity, broad 
environmental tolerances (even for polluted and contaminated waters), 
and adaptability to scenarios associated with climate warming or other 
extreme weather events like drought. Both mussel genera (Sinanodonta 
and Limnoperna) are native to Asia. However, marbled crayfish have no 
native distribution because they originated in captivity in the 1990s, 
possibly through mutation of sexual reproduction genes. Since these 
foreign mussels and the crayfish do not presently occur in U.S. 
ecosystems, except for potentially one species of Asian pond mussel (S. 
woodiana) in New Jersey, the goal is to preemptively list them as 
injurious before they can establish and harm U.S. interests. The 
primary pathways by which these species could enter the United States 
include commercial trade in live animal industries or transoceanic 
commercial shipping. Further, according to the Service's Law 
Enforcement Management Information System (LEMIS) records, these taxa 
are either not traded in the United States or are traded in quantities 
small enough that market impact of halting importation would be 
negligible.
    The need for this rulemaking action arose from the Service's 
concern that these foreign aquatic invertebrate species are injurious 
to the interests of agriculture (including aquaculture), water 
infrastructure investments (such as hydropower), or wildlife and 
wildlife resources of the United States. These determinations are based 
on factors that contribute to injuriousness compared with potential 
risk mitigation measures that may reduce or eliminate injuriousness. 
Asian pond mussels, golden mussels, and the marbled crayfish each have 
proven invasiveness outside their native ranges. Likelihood of 
establishment inferred from climate suitability modeling is high 
throughout the contiguous United States for all taxa, so they are 
likely to spread if introduced. These species all may harm native 
species, including federally endangered and threatened species, through 
competition for food and spatial resources. Because available control 
measures for these species in natural environments would also kill co-
occurring native wildlife, control as an option to reduce injuriousness 
is not considered a practical risk mitigation measure.

Statutory Authority

    Under 18 U.S.C. 42(a)(1) (the injurious wildlife listing provision 
of the Lacey Act), the Secretary of the Department of the Interior may 
prescribe by regulation wild mammals, wild birds, fishes, mollusks, 
crustaceans, amphibians, reptiles, and the offspring or eggs therefrom 
that are injurious to human beings, to the interests of agriculture, 
horticulture, forestry, or to the wildlife or wildlife resources of the 
United States. The lists of injurious wildlife are found at 50 CFR 
16.11-16.15. Importation into the United States or shipment between the 
enumerated jurisdictions in 18 U.S.C. 42(a)(1) of listed species is 
prohibited, except as approved by the Service under permitted terms and 
conditions for zoological, educational, medical, or scientific purposes 
found at 50 CFR 16.22 or for Federal agencies for their own use. This 
rule would not prohibit transport within States. Any regulations 
pertaining to the possession, transport, or use of these species within 
a particular State would remain the authority of that State. Further, 
rulemaking under this statute is governed by the Administrative 
Procedure Act (5 U.S.C. 551 et seq.), which specifies how Federal 
agencies develop and issue regulations.

Listing and Evaluation Process

    The Service must promulgate regulations in accordance with other 
statutory requirements, in addition to the Lacey Act. The 
Administrative Procedure Act (5 U.S.C. 551 et seq.) governs the process 
for rulemaking. In keeping with the Administrative Procedure Act, we 
are publishing a proposed rule for public notice and comment. We also 
solicit peer review under Office of Management and Budget (OMB) 
guidelines titled, ``Final Information Quality Bulletin for Peer 
Review'' (OMB 2004). We also make available to the public an economic 
analysis (including analysis of potential effects on small businesses), 
if appropriate.
    This proposed rule is based on specific evaluation of taxa 
(classification-based groupings of life forms) of mollusks and 
crustaceans reported in the scientific literature as highly invasive 
and with the potential to be introduced through wildlife trade. We 
performed an evaluation using the Service's injurious wildlife 
evaluation criteria (see Lacey Act Evaluation Criteria, below); we use 
these criteria to evaluate if a taxon qualifies as injurious. These 
criteria include the likelihood and magnitude of release or escape, of 
survival and establishment upon release or escape, and of spread from 
the point of origin of release or escape. These criteria also examine 
the impact on wildlife resources and ecosystems (such as through 
hybridizing, competition for food or habitat, predation on native 
species, and pathogen transfer); on endangered and threatened species 
and their respective habitats; and on human beings, forestry, 
horticulture, and agriculture. Additionally, the criteria evaluate the 
likelihood and magnitude of wildlife or habitat damages resulting from 
measures to control the species proposed as injurious wildlife. The 
analysis using these criteria serves as a basis for the Service's 
regulatory decision regarding injurious wildlife species listings.
    We also considered the Service's ``Ecological Risk Screening 
Summaries,'' a rapid screening process that categorizes a species' 
invasive potential. Executive Order (E.O.) 13751 (Safeguarding the 
Nation from the Impacts of Invasive Species) defines an invasive 
species as a nonnative organism, ``whose introduction causes or is 
likely to cause economic or environmental harm, or harm to human, 
animal, or plant health.'' Screening reports for representative taxa in 
this proposed rule are available in a library subcollection on the 
Service's website: https://www.fws.gov/library/categories/ecological-risk-screening.
    For the injurious wildlife evaluations, two genera of mollusks were 
evaluated at the taxonomic level of ``genus,'' so the final 
determination might confirm one, multiple, or all proposed species 
within a genus for listing as injurious. The marbled crayfish was 
evaluated as a single species. For the purposes of this proposed rule, 
we define hybrids as offspring from parents of different species, 
including one or more species from the taxa evaluated in the rule. We 
reasoned that such offspring likely retain similar biological traits as 
the injurious parents that, through the evaluation process, qualified 
them for listing. Species do not have to be currently imported, present 
in the wild, or established in the United States for the Service to 
list them as injurious. The objective of such listings is to prevent 
importation and likely establishment of that species in the wild, 
thereby preventing injurious effects, consistent with 18 U.S.C. 42. 
Other mollusks and crustaceans may also qualify as injurious under this 
process and may be considered in subsequent rules.

Public Comments

[[Page 1924]]

    The Service is soliciting substantive public comments on and data 
concerning this proposed rule to add the three taxa to the list of 
injurious wildlife set forth at 50 CFR 16.13. This proposed rule and 
supporting materials are available on https://www.regulations.gov under 
Docket No. FWS-HQ-FAC-2024-0060.
    Comments and materials concerning this rule may be submitted by one 
of the methods listed in ADDRESSES. Comments sent by email or fax or to 
an address not listed in ADDRESSES will not be accepted.
    We may post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If your 
written comments provide personal identifying information, you may 
request at the top of your document that we withhold this information 
from public review. However, we cannot guarantee that this information 
will not be made public.
    Those comments and materials that we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public review at https://www.regulations.gov under Docket 
No. FWS-HQ-FAC-2024-0060, or by appointment, during normal business 
hours at U.S. Fish and Wildlife Service Headquarters (see FOR FURTHER 
INFORMATION CONTACT).

Information Requested

    The Service specifically seeks public comments and supporting data 
on (but not limited to) the following topics:
    (1) Information on the number and monetary value of Asian pond 
mussels (Sinanodonta species), golden mussels (Limnoperna species), or 
marbled crayfish (Procambarus virginalis) (by species) that are 
imported from out of country into the continental United States, 
District of Columbia, Hawaii, Commonwealth of Puerto Rico, or any 
territory or possession of the United States.
    (2) Information on the number and monetary value of Asian pond 
mussels (Sinanodonta species), golden mussels (Limnoperna species), or 
marbled crayfish (Procambarus virginalis) (by species) that are bred 
and raised in the United States for wholesale or retail sale and in 
which U.S. States.
    (3) Information on the number of pet shops and dealers involved in 
the trade of these taxa.
    (4) Volume of trade between the continental United States, District 
of Columbia, Hawaii, Commonwealth of Puerto Rico, or any territory or 
possession of the United States.
    (5) The hybridization potential of Asian pond mussels, golden 
mussels, or marbled crayfish within the same genus or between species 
of different genera.
    (6) Costs to eradicate individuals or populations of any of the 
three taxa, or similar species, if found in the United States, and any 
effective methods available.
    (7) Information related to the presence and location of any of the 
species in the wild in the United States.
    (8) Relevant Federal, State, or local rules that may duplicate, 
overlap, or conflict with this proposed rule.

Sources of Information

    We obtained information on species taxonomy, biology, geographic 
distribution, climate suitability, and invasive potential from a 
variety of sources, including the U.S. Geological Survey's 
Nonindigenous Aquatic Species (NAS) database, the Service's Ecological 
Risk Screening Summaries, and primary literature. We queried the NAS 
(https://nas.er.usgs.gov/) and Global Biodiversity Information Facility 
(GBIF) (https://www.gbif.org/) databases to determine if the three taxa 
proposed for listing are currently reported as established in U.S. 
ecosystems. We also adopted GBIF's system as our standard for taxonomic 
classification, such as number of accepted species in a genus. To 
determine if there is currently trade of these species in the United 
States, we analyzed import data for 2015 to 2021 (inclusive) from the 
Service's LEMIS wildlife trade database.

Species Information

Asian Pond Mussels (Sinanodonta Species)

Taxonomy
    Asian pond mussels (Sinanodonta species) are a genus of freshwater 
bivalve mollusk in the Unionidae family. These organisms are 
characterized by two shells that hinge together, similar to a clam. 
Based on current taxonomic classification, there are 26 species in the 
Sinanodonta genus (GBIF 2023a). Some historical invasive population 
accounts of this species complex also referred to this species group as 
Anodonta woodiana; our searches of literature and trade data included 
the name Anodonta woodiana for the evaluation. Our searches also 
included the commonly used name of Chinese pond mussel.
    Historically, identification relied solely on shell characteristics 
of adults, resulting in taxonomic confusion within this genus; 
therefore, species level identification of Asian pond mussels usually 
requires molecular genetic analysis (Karaouzas et al. 2022). Recent 
literature indicates that the invasive populations of Sinanodonta that 
were initially identified as S. woodiana are more than one species or 
lineage (Soroka et al. 2014, Lopes-Lima et al. 2020, Bolotov et al. 
2022). For example, two distinct nonnative species of Sinanodonta were 
discovered as well established in the Yenisei River, Russia, that were 
initially assumed to be one species prior to molecular analysis 
(Bespalaya et al. 2018). Further, genetic work conducted in Italy also 
supported that three species, all originally labeled as Sinanodonta 
woodiana, were likely separate species in this genus (Froufe et al. 
2017). Other studies have indicated cryptic Sinanodonta species with 
similar invasion histories and harmful ecological effects co-occurring 
outside their native ranges (Kondakov et al. 2018, 2020a, b, 
Alwanzadegan et al. 2023, Pavluk et al. 2023). While there is some 
uncertainty about the precise number of existing Sinanodonta species 
(Lopes-Lima et al. 2020), incorporating additional anatomical traits of 
both adults and larvae, as well as more sensitive molecular tools, 
continues to improve the ability of scientists to accurately and 
precisely identify Sinanodonta specimens. Given the proximity in native 
ranges, converging morphology and genetics, and similarly high invasive 
capability, we consider the whole genus Sinanodonta for listing as 
injurious under an inclusive common name: Asian pond mussels.
    Asian pond mussels are characterized by relatively large size, with 
round or oval shaped shells reaching 26 to 30 centimeters (cm) (10 to 
12 inches) in length and up to 12 cm (5 inches) in height (Von 
Proschwitz 2008, Pou-Rovira et al. 2009) and having fragile shells 
(Munjiu et al. 2020). In Germany, a 25-cm (10-inch) long specimen 
weighed 1.6 kilograms (kg) (3.5 pounds) (Dobler et al. 2022). They 
display considerable variation in shell shape (length to height ratio) 
attributed to habitat factors, such as hydrology, substrate type, food 
availability, and parasite prevalence (Guarneri et al. 2014). 
Transverse ridges and beak (umbo) shape represent other distinguishing 
features, while shell color ranges from dark brown, to dark green, to 
yellow green (Von Proschwitz 2008). Diagnostic hinge teeth, which are 
used to identify other mussel genera, are absent in the Sinanodonta 
genus.
Biology
    Asian pond mussels have two sexes (dioecious); however, female-
dominated populations in the invaded range of Poland suggest the 
ability to reproduce

[[Page 1925]]

asexually, where a female does not require a mate to produce offspring 
(parthenogenesis) (Labecka and Domagala 2018). There are also rare 
instances of individuals with both female and male sex organs 
(hermaphroditism), enabling self-fertilization (Munjiu et al. 2020). 
Hybridization of Sinanodonta species has been documented and is 
potentially facilitated by overlapping geographic distributions of 
species within this genus (Sano et al. 2022).
    Generally, fertilization occurs inside the shells of females after 
they collect sperm released by males. In their native range, Asian pond 
mussels, such as S. woodiana, reach sexual maturity around 9 months and 
carry young a little over 1 year (Wu et al. 2018). Like other mussels 
in the Unionidae family, females raise larvae inside a specialized 
brooding pouch in their gills called a marsupium.
    Reproductive traits, such as brooding period, are species-specific 
but also environment-dependent. In their native ranges, Asian pond 
mussels may retain and brood larvae for 6 months or more inside their 
shells, usually during spring and summer (Wu et al. 2018). In the 
invaded range of central Poland, S. woodiana spawn from March to 
October with their highest reproductive output in March and April 
(Hliwa et al. 2015); however, reproduction is known to occur in a wide 
range of water temperatures, indicating a broad tolerance for water 
bodies (Douda et al. 2012). Also in the European invaded range, they 
can reproduce 2 to 3 times annually and live up to 15 years 
(S[aacute]rk[aacute]ny-Kiss et al. 2000). In a German population of S. 
woodiana, females carried an average of 100,000 larvae in their brood 
pouches with over 95 percent viability (Huber and Geist 2019).
    After Asian pond mussel larvae are expelled into the water column, 
they normally only survive outside the female for days to weeks before 
needing a host fish to carry out the rest of their development. These 
parasitic larvae, called glochidia, attach with hook-like structures to 
the fins or gills of freshwater fishes for days to months, depending on 
water temperature. Research has shown that host species will likely not 
limit Asian pond mussel expansion, because they have shown little host 
specificity (Douda et al. 2012).
    Adult Asian pond mussels burrow into soft sediment up to 20 cm (8 
inches) deep and can ``crawl'' up to 10 meters (m) (33 feet) in a day 
with aid of their muscular foot (Urba[nacute]ska et al. 2021). In 
Poland, they form dense aggregations exceeding 60 individuals per 
square meter (6 individuals per square foot) in water depths of 1.5 to 
2.5 m (5 to 8 feet) (Kraszewski and Zdanowski 2007). Asian pond mussels 
acquire nutrition through a process called ``filter feeding'' where the 
animal circulates the surrounding water over its gills, and strains 
suspended nutrients or smaller organisms to consume as food. They are 
efficient filter feeders, less hindered by low food availability than 
native European unionid mussels according to lab experiments (Douda and 
[Ccaron]adkov[aacute] 2018).
Native Distribution
    Species in the Sinanodonta genus are native to Asia including 
China, Vietnam, Japan, the Korean Peninsula, Indochina, and parts of 
eastern Russia (Lopes-Lima et al. 2020). They live underwater, 
inhabiting rivers, ponds, and canals in temperate to tropical 
waterbodies (Beran 2008). They occupy backwaters and other slow-flowing 
and standing water systems and are more tolerant of pollution and low 
oxygen than many other freshwater mussels (S[aacute]rk[aacute]ny-Kiss 
et al. 2000).
Nonnative Distribution
    In most cases, Asian pond mussels were not intentionally introduced 
outside their native range but rather transported with commercially 
traded fishes serving as hosts to their obligatory parasitic larvae, 
with first discoveries often occurring at or near fish hatcheries and 
fish ponds (Watters 1997, Douda et al. 2017, Pavluk et al. 2023). In 
Germany, early detections of Chinese pond mussels (S. woodiana) were 
limited to waters with grass carp (Ctenopharyngodon idella) stocked to 
graze on and reduce aquatic weeds (Dobler et al. 2022). Chinese pond 
mussels were first recorded in western Romania around 1979, likely 
arriving with silver carp (Hypophthalmichthys molitrix), bighead carp 
(Hypophthalmichthys nobilis), or grass carp (Ctenopharyngodon idella) 
imports from Asia, (S[aacute]rk[aacute]ny-Kiss 1986) and are presently 
found in at least 17 European countries including Austria (Mienis 
2002), Belgium (Packet et al. 2009), Croatia (Lajtner and Crn[ccaron]an 
2011, Beran 2020), Czech Republic (Beran 2008, 2019), France (Adam 
2010), Germany (Dobler et al. 2022), Greece (Karaouzas et al. 2022), 
Hungary (Kiss and Pekli 1988), Italy (Cappelletti et al. 2009), Poland 
(Kraszewski and Zdanowski 2007, Soroka et al. 2014), Republic of 
Moldova (Munjiu 2008), Romania (Popa et al. 2007), Serbia 
(Paunovi[cacute] et al. 2006), Slovakia (Mienis 2001), Spain (Pou-
Rovira et al. 2009), Sweden (Von Proschwitz 2008), and Ukraine 
(Yuryshynets and Krasutska 2009). Asian pond mussels have been recorded 
outside their native range in Indonesian islands, including Flores and 
Borneo (Bolotov et al. 2016, Zieritz et al. 2020); north African 
countries, such as Algeria (Bensaad-Bendjedid et al. 2023) and Morocco 
(Mabrouki and Taybi 2022); Russia (Kondakov et al. 2020a); Dominican 
Republic (Gomez et al. 1986); and Costa Rica (Baurer et al. 2021). 
Evidence of their ongoing westward range expansion within Asia exists 
from Myanmar (Vikhrev et al. 2017, Bolotov et al. 2022) to Iraq (Bogan 
et al. 2021).
Invasiveness
    Asian pond mussels demonstrate many strong traits that support 
significant risk for invasiveness. As previously described, Asian pond 
mussels have a broad native range in Asia with an expanded (nonnative) 
range that includes other regions in Asia as well as across Europe, 
Africa, and the Americas. These mussels also have demonstrated high 
adaptability to different aquatic environments and conditions, 
including several types of water bodies, bottom substrates in those 
water bodies, poor water quality conditions, and cold water 
temperatures (Urba[nacute]ska et al. 2021). Their ability to utilize a 
variety of fish species as hosts to carry and disperse the larval stage 
of these mussels is yet another trait that promotes their potential 
success for invasion (Douda et al. 2012). A high reproductive rate 
coupled with successful and rapid growth compared to other mussels 
contributes to a competitive advantage that supports their invasiveness 
(Huber and Geist 2019). The ability of Asian pond mussels to outperform 
some other mussels in competition for food and habitat resources has 
also been demonstrated (Urba[nacute]ska et al. 2021). Their invasive 
potential as recognized through the scientific literature has earned 
them a designation as a ``hyper-successful invader,'' a term used to 
describe other invasive bivalves such as zebra mussels (Dreissena 
polymorpha), quagga mussels (Dreissena bugensis), and Asian clams 
(Corbicula fluminea) that have proven to be problematic as aquatic 
invasive species in the United States (Sousa et al. 2014). The 
combination of these characteristics and other factors supports the 
position that Asian pond mussels have considerable risk for 
invasiveness within the United States, as has been demonstrated 
elsewhere around the world.

[[Page 1926]]

Golden Mussels (Limnoperna Species)

Taxonomy
    Golden mussels (Limnoperna species) are a genus of freshwater 
bivalve mollusk in the Mytilidae family. Like other mussels, golden 
mussels are characterized by a two-part hinged shell similar to clams. 
Based on current taxonomic classification, there is one true species in 
the Limnoperna genus (L. fortunei) with various synonymized names that 
other sources may consider unique species (GBIF 2023b). Similar to 
Asian pond mussels, recent genetic studies have indicated a cryptic 
species (L. siamensis) that may be confused with the morphologically 
identical L. fortunei (Sokolova et al. 2021). Given the likelihood of 
taxonomic diversification and expectation that additional named species 
in the genus share similar biological traits of injuriousness, we refer 
to Limnoperna species for listing as injurious under an inclusive 
common name: golden mussels.
    Golden mussels are characterized by relatively small size, with D-
shaped shells reaching 20 to 30 millimeters (mm) (0.8 to 1.2 inches) in 
length, and specimens reported up to 50 mm (2 inches) (Nakano et al. 
2015). Their shells are brittle and relatively thin compared to other 
mussels (Morton 2015). They derive their common name from the gold 
appearance of their exterior shell when wet, while the interior shell 
has nacre (mother-of-pearl). This nacreous layer distinguishes golden 
mussels from Mytilidae species in the genus Dreissena, such as zebra 
and quagga mussels. Golden mussels attach to surfaces and the bottom 
substrate using strong silky fibers with adhesive pads, called byssal 
threads. These fibers help to keep the mussel attached to solid 
surfaces in the water, holding them in place to filter feed. Unlike 
many species of bivalves, golden mussel shells do not have a ``byssal 
notch,'' a distinct gape in the shell where part of the mollusk foot 
may protrude or where the byssal threads may extend from. Another 
distinguishing feature of golden mussels is the absence of hinge teeth, 
the interlocking parts of the inner surface of the shell valves of a 
bivalve mollusk.
Biology
    Golden mussels are dioecious (having two separate sexes), with rare 
instances of hermaphroditism (one organism containing both male and 
female reproductive organs) documented in the invaded range (Darrigran 
et al. 1998). Hybridization of golden mussels is not well documented.
    Fertilization occurs externally in the water column. Their free-
swimming larvae, called veligers, live in the water column and undergo 
several developmental stages before settling on substrates 11 to 20 
days after spawning (Cataldo et al. 2005). This extended floating 
(planktonic) veliger stage facilitates long-distance dispersal.
    Water temperature determines golden mussels' reproductive timing 
and frequency. Data from South America show continuous breeding for 6 
to 10 months per year with evidence of punctuated spawning yearlong at 
some locales; mean planktonic larval densities at invaded sites ranged 
from 4,000 to 7,000 individuals per cubic meter (100 to 200 individuals 
per cubic foot) (Boltovskoy et al. 2009).
    Golden mussels reach sexual maturity in their first year, and their 
lifespan ranges from 2 to 5 years with potential for reaching 10 years, 
depending on geography (Zhang et al. 2022). Age at sexual maturity can 
be as young as 3 months (as cited in Karatayev et al. 2007).
    Golden mussels colonize submerged natural and artificial 
substrates, aggregating in clumps called druses. They occur at depths 
of a few centimeters (1 inch) to over 10 m (33 feet) with preference 
for shaded, angled surfaces (Morton 2015). They reach adult densities 
of 5,000 to 250,000 individuals per square meter (500 to 23,000 
individuals per square foot) on hard surfaces and 90 to 2000 
individuals per square meter (8 to 200 individuals per square foot) on 
soft surfaces (as cited in Frau et al. 2013).
    Golden mussels have relatively high filtration rates (Karatayev et 
al. 2007) with a diet comprising a variety of planktonic food sources 
from 2 micrometers ([micro]m) (7.8 x 10-5 inches) to over 1 
mm (0.04 inches) (Molina et al. 2010). For comparison, despite similar 
body size, golden mussels can prey on larger plankton than the highly 
invasive zebra mussels (Molina et al. 2010).
Native Distribution
    Species in the Limnoperna genus are native to freshwater lakes and 
rivers of southeast Asia, including China, Thailand, Korea, Laos, 
Cambodia, Vietnam, and Indonesia (Ricciardi 1998). They live 
underwater, inhabiting freshwater to estuarine environments in 
temperate to tropical waterbodies, tolerating brackish water with 
salinities of 2 to 3 parts per thousand (ppt) and short-term salinity 
shock up to 12 ppt (Angonesi et al. 2008). Golden mussels also tolerate 
calcium- and oxygen-poor waters that are inhospitable to highly 
invasive zebra mussels, but they are comparatively less tolerant of 
near freezing temperatures (Ricciardi 1998).
Nonnative Distribution
    Establishment of invasive golden mussel populations has been 
recognized in two continents since the late 1980s. They arrived in 
Japan around 1987, probably with live Asian clams (Corbicula fluminea) 
imported from China for human consumption (Magara et al. 2001). They 
were introduced to Argentina by 1991, likely in transoceanic ballast 
water (Darrigran and Pastorino 1995), and within a decade spread to 
three neighboring countries, Uruguay, Paraguay, and Brazil (Darrigran 
2002).
Invasiveness
    Golden mussels possess a suite of characteristics pertaining to 
reproduction, growth, dissemination (dispersal), adaptability, and 
tolerance of poor environmental conditions that support high potential 
for invasion. Strong reproductive ability and fast growth have been 
described for Limnoperna, as well as the ability to survive in habitats 
with widely ranging water temperatures, depth, water flow rates, and 
dissolved oxygen content (Zhao et al. 2019). The ability to survive for 
5 to 7 days out of water also contributes to the potential for 
dispersal of golden mussels (Darrigran et al. 2004). The high 
population densities of this mussel in some water bodies in South 
America also contribute to its potential for invasiveness and dispersal 
(Ernandes-Silva et al. 2017). The ability of golden mussels to firmly 
attach to the hulls of ships contributes further to its ability to 
disseminate along navigable waterways (Boltovskoy and Correa 2015). 
These factors contributed to invasiveness of golden mussels in their 
spread beyond their native range in Asia and in South America. Like 
Asian pond mussels, golden mussels have been identified in scientific 
literature as a ``hyper-successful invader,'' a term also used to 
characterize other impactful invasive mussels, including zebra mussels 
(Dreissena polymorpha), quagga mussels (Dreissena bugensis), and Asian 
clams (C. fluminea) (Sousa et al. 2014). Based on the combination of 
these characteristics, golden mussels display a high potential for 
invasiveness.

Marbled Crayfish (Procambarus virginalis)

Taxonomy
    The marbled crayfish (P. virginalis) is a 10-legged freshwater 
crustacean species that resembles a small lobster. It

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is also known by the common name Marmorkrebs, a German translation of 
``marbled crayfish''(GBIF 2023c). Crayfish were imported to Germany 
from the United States as an aquarium pet in the mid-1990s and 
generated public intrigue when a German aquarium hobbyist reported an 
apparently novel all-female (parthenogenic) species reproducing without 
males; this was the earliest known account of the marbled crayfish as a 
species (Lyko 2017).
    Based on similarities in external morphology and two mitochondrial 
genes, researchers demonstrated that the marbled crayfish likely 
descended from slough crayfish (P. fallax) in the 1990s (Martin et al. 
2010a), and Lyko (2017) determined that the marbled crayfish is a newly 
originated species, not existing before the 1990s. Later, detailed 
research confirmed the marbled crayfish inherited its genetic material 
from an Everglades subpopulation of slough crayfish (Gutekunst et al. 
2021).
    Based on current taxonomic classification, there are 174 species in 
the Procambarus genus, including P. virginalis (GBIF 2023c). Due to 
some of the unique characteristics of the marbled crayfish, including a 
reproductive biology supporting the potential for explosive population 
growth, we are only considering this one recently emerged species in 
the Procambarus genus for listing as injurious.
    The marbled crayfish rarely exceeds 10 cm (4 inches) in length and 
typically weighs less than 20 grams (g) (0.7 ounces) (Vogt 2021). It 
shares some physical characteristics with other species in the 
Procambarus genus and most closely resembles the slough crayfish and 
Everglades crayfish (P. alleni) in appearance, but the marbled crayfish 
uniquely has a bell-shaped female sex organ (annulus ventralis) with S-
shaped groove (sinus), antenna length exceeding body length, and 
complete absence of males (Kawai et al. 2009).
Biology
    The marbled crayfish is a freshwater crayfish, and introduced 
populations are normally found at the bottom of a body of fresh water, 
such as a lake or stream, but the marbled crayfish is able to walk 
across land (Chucholl et al. 2012) and retreat into the mud (Deidun et 
al. 2018) to avoid danger. Gut content analysis from wild specimens in 
Madagascar revealed the crayfish primarily ate plant material (Kawai et 
al. 2009). Laboratory feeding trials also from Madagascar revealed a 
positive relationship between both water temperature up to 27.5 degrees 
Celsius ([deg]C) (81.5 degrees Fahrenheit ([deg]F)) and crayfish body 
size with snail consumption rates (Faiad et al. 2023). Throughout their 
invaded range, the marbled crayfish is considered to have a broad diet, 
consuming both plants and animals at different levels of the food web.
    The marbled crayfish has unique genetic and reproductive features. 
It is triploid (has three sets of chromosomes) and therefore 
genetically isolated from closely related crayfish species. Triploid 
animals are generally unable to reproduce sexually (Lyko 2017). 
Mutation or loss of sexual reproduction genes is one possible 
explanation for the origination of this all-female species. This 
species is the only known clonal, all-female crayfish that reproduces 
without a mate in the world (Scholtz et al. 2003). Therefore, 
successful breeding of this species with another crayfish species is 
plausible, but extremely unlikely (Martin et al. 2016, Lyko 2017). For 
example, sexual reproduction and hybridization may ensue through 
experimental manipulation in laboratory or other artificial 
environments.
    The species' reproductive timing and frequency vary by geographic 
area and likely correlate with water temperature. The number of eggs a 
marbled crayfish may produce at one time is relatively large, with 
individuals from Lake Moosweiher (Germany) reported carrying as many as 
724 eggs (Chucholl and Pfeiffer 2010). An online marbled crayfish guide 
for aquarists indicated that the species has the potential to reproduce 
every 3 months, laying an average of 420 eggs per cycle, or 
approximately 1,500 offspring annually, under optimal conditions 
(Aquarium Breeder 2023).
    The marbled crayfish reaches sexual maturity at between 5 and 7 
months of age and exhibits fast growth (Vogt 2021). Relatively rapid 
growth, early reproductive maturity, and high frequency of reproduction 
of this species compared to other crayfishes have been recognized as 
factors contributing to their success in establishment in the wild 
(Kouba et al. 2021).
Native Distribution
    Recent speciation of marbled crayfish in captivity around 1995 
means the crayfish has no native distribution anywhere. Captive marbled 
crayfish were likely imported to Germany from the United States as 
aquarium pets or originated as a species in Germany in the mid-1990s 
(Scholtz et al. 2003, Lyko 2017).
Nonnative Distribution
    Establishment of marbled crayfish populations has been recognized 
in several European countries (Chucholl et al. 2012) and across 
Madagascar (Kawai et al. 2009, Feria and Faulkes 2011). The 
introduction and establishment of wild populations in Europe was likely 
the result of release from private aquaria (Scholtz et al. 2003). 
Marbled crayfish appear to have entered the North American pet trade 
around 2004 (Faulkes 2010). While ranked the most popular crayfish in 
the online pet trade in 2013, accounting for nearly half of crayfish 
sold through AquaBid (Z. Faulkes 2015), none have been confirmed from 
the wild in the United States. Studies of established wild populations 
are published from Belgium (Scheers et al. 2021), Croatia (Maguire et 
al. 2018), Estonia (Ercoli 2019), France (Grandjean et al. 2021), 
Germany (Chucholl and Pfeiffer 2010, Martin et al. 2010b, Chucholl et 
al. 2012), Hungary (Bl[aacute]ha et al. 2022), Israel (Carneiro et al. 
2023), Italy (Marzano et al. 2009, Mazza et al. 2014), Madagascar 
(Jones et al. 2009, Kawai et al. 2009), Poland (Maciaszek et al. 2022), 
Portugal (Mazza et al. 2014), Sardinia (Sanna et al. 2021), Republic of 
Malta (Deidun et al. 2018), Romania (P[acirc]rvulescu et al. 2017), 
Slovakia (Chucholl et al. 2012), Sweden (Bohman et al. 2013), and 
Ukraine (Novitsky and Son 2016). Despite occurrence data published to 
online databases, live marbled crayfish have not become established in 
the wild in the Netherlands (van Kuijk et al. 2021). There is also some 
ambiguity surrounding possible marbled crayfish in Ontario, Canada, 
where morphologically similar, exclusively female specimens were 
recently collected (U.S. Geological Survey 2023a). The marbled crayfish 
tolerates a range of freshwater habitats from drainage ditches, ponds, 
urban parks and complexes to nature reserves (Scheers et al. 2021).
Invasiveness
    The marbled crayfish displays multiple characteristics that 
contribute to its overall invasiveness. Many nonnative crayfish species 
are widely recognized for their invasive potential related to food web 
alterations through grazing on aquatic plants, predation on aquatic 
animals, and competition for resources with native aquatic species 
(Linzmaier et al. 2020). The marbled crayfish has a demonstrated 
history of establishment throughout many nations over a span of only a 
few decades since the species originated, and it has been listed among 
the most invasive species

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in the European Union (Hossain et al. 2020). This species is widely 
available in the global pet trade, including North America (Faulkes 
2010), and distribution in the pet trade has been associated with 
establishment of wild populations elsewhere (Gutekunst et al. 2018). 
The reproductive biology of this species allows these crayfish to 
produce many offspring, adding to the threat of successful invasion and 
establishment through sheer numbers. The combination of up to 
approximately 1,500 offspring produced per year under ideal conditions 
(Aquarium Breeder 2023), and the ability of this all-female species to 
reproduce individually without a mate mean that a population may be 
established from just a single crayfish (Gutekunst et al. 2018). Rapid 
growth of the species also is advantageous to survival and 
establishment of the offspring (Kouba et al. 2021). The marbled 
crayfish is able to successfully establish in a variety of freshwater 
habitats and has demonstrated the potential to outcompete other 
crayfish species for food and habitat resources (Hossain et al. 2020, 
Kouba et al. 2021). Based on these characteristics, the marbled 
crayfish displays a high potential for invasiveness related to the 
capacity to displace native crayfish species and negatively impact the 
balance of aquatic ecosystems.

Summary of Presence in the United States for All Taxa

    Only one of the 28 species considered for listing, Chinese pond 
mussel (Sinanodonta woodiana), has been reported in the wild in the 
United States (U.S. Geological Survey 2023b). In June 2010, a small 
established population of Chinese pond mussel was detected in Hunterdon 
County, New Jersey, within an array of former commercial fishponds 
(Bogan et al. 2011a, b). The initial discovery occurred 3 years after 
the New Jersey Conservation Foundation assumed ownership of a facility 
that historically imported bighead carp, common carp (Cyprinus carpio), 
and diploid grass carp (H. Desko, Senior Watershed Protection 
Specialist with New Jersey Water Supply Authority, pers. comm. 2023). 
Mussel eradication efforts commenced swiftly after detection by 
lowering water levels and applying rotenone to kill host fishes (Bogan 
et al. 2011a, b). Then copper-based biocides (products that kill 
organisms) were applied to kill the mussels in 2015 and 2019, which 
appeared to have eradicated the local infestation. Monitoring by 
shoreline walks, snorkel, and scuba have not detected live mussels 
since 2019. However, environmental DNA results indicate that mussels 
may have persisted as a small remnant population in at least one 
fishpond and perhaps expanded outside the confines of the retired 
aquaculture facility toward the Delaware River and into the Raritan 
River (R. Somes, Senior Zoologist with New Jersey Department of 
Environmental Protection, pers. comm. 2023). Because these foreign 
mussels and the crayfish do not presently occur in U.S. ecosystems, 
except for potentially one species of Asian pond mussel in New Jersey, 
the goal is to preemptively list them as injurious before they can 
establish and harm U.S. interests.

Summary of Trade for All Taxa

    Of the three taxa, 240 Chinese pond mussel specimens (Sinanodonta 
woodiana) were imported into the United States live between 2015 and 
2021. Asian pond mussels are not regulated at the genus or species 
level in the United States or Canada. They are also not included in the 
European Parliament's updated list of invasive alien species of Union 
concern (EU 2022). Most other countries do not have specific 
regulations about Sinanodonta species (Urba[nacute]ska et al. 2021).
    There were no import records of golden mussels in the LEMIS 
database, which indicates that either there were no imported live 
animals, the species were misreported, or international import volumes 
were so minor that designated species codes were not assigned. In 
Japan, the Invasive Alien Species Act prohibits importation, 
transportation, and possession of the genus Limnoperna (National 
Institute of Environmental Studies 2023). Under regulatory authority of 
the European Parliament (EU 2014), golden mussels were added to a third 
update of the list of invasive alien species of Union concern, taking 
effect for member countries on August 2, 2022 (EU 2022).
    We are only aware of marbled crayfish (Procambarus virginalis) in 
the aquarium trade domestically within the United States. Marbled 
crayfish commerce is prohibited, however, at the species level in at 
least 12 States (Arkansas, Georgia, Idaho, Kansas, Maryland, Michigan, 
Missouri, North Carolina, Ohio, Oklahoma, Tennessee, and Virginia) and 
at higher taxonomic levels by genus (Procambarus), family (Cambaridae), 
or other designation based on native range or an ``allowed species'' 
list approach in several more States.

Evaluation Methods

Ecological Risk Screening Summaries

    The Service developed Ecological Risk Screening Summary (ERSS) 
reports more than a decade ago for several purposes. The ERSS process 
is a method to rapidly evaluate potential risk of invasiveness and 
establishment of nonnative species, usually by individual species. With 
the results, species are placed into one of three overall risk 
categories--high, low, or uncertain risk of invasiveness. The 
categories are based on climate similarity (quantified) and history of 
invasiveness (qualified) as predictors of potential risk. The level of 
certainty of the assessment based on the availability of credible 
science is also reported (qualified). The ERSS reports were not 
designed specifically to predict injuriousness, but they have been used 
to help prioritize species that should be further evaluated for 
injuriousness. We can create ERSS reports when needed to provide 
information to use as part of an injurious wildlife listing evaluation. 
We created ERSS reports for some of the taxa in this rule, and the 
reports provide the climate matches used here, as well as other 
information. For more information on how the ERSS reports are produced, 
please see the standard operating procedures and completed ERSS reports 
online at: https://www.fws.gov/story/ecological-risk-screening-summaries.
    We produced ERSS reports for 11 species of Sinanodonta. All 11 
species were found to be established in climates similar to those found 
within the United States, increasing the probability of their 
successful establishment if introduced into the United States. Of those 
assessed, 10 were assigned an overall risk level as ``uncertain'' based 
on species identification uncertainty and data deficiency. The Chinese 
pond mussel (S. woodiana) was classified as overall high risk. As 
discussed above under the taxonomy of this genus, uncertainty of 
species identification has led to invasions historically attributed to 
S. woodiana, whereas there is recent evidence that invasions of 
multiple species have occurred undetected. Taxonomic uncertainty and 
lack of data specific to many of the species in this genus, along with 
suitable climate and overall risk uncertainty for most of the species 
evaluated for risk, supported the approach to further assess the genus 
Sinandonata with the evaluation criteria described below under Lacey 
Act Evaluation Criteria.
    We also completed ERSS reports for golden mussels and the marbled 
crayfish. The golden mussel

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Limnoperna fortunei was categorized as having a high overall risk, with 
suitable climate for establishment found across much of the United 
States. The climate matching analysis for the marbled crayfish also 
suggests successful establishment if introduced, but its overall risk 
status was categorized as ``uncertain,'' due at least in part to its 
very new species identity and the associated paucity of information 
pertaining to this species in the wild. However, due to other factors, 
including both the recent history of establishment and spread in the 
wild elsewhere and its unique reproductive strategy supporting 
population growth from just a single crayfish, we further evaluated the 
species. Additionally, another screening tool, the Freshwater 
Invertebrate Invasiveness Scoring Kit (FI-ISK), has been used to 
evaluate the invasiveness potential of freshwater invertebrates. In 
2010, the FI-ISK was used to assess invasiveness of multiple species of 
freshwater crayfish, including the marbled crayfish; in this 
evaluation, the marbled crayfish was rated as a medium to high risk for 
Italy and likely other parts of Europe with an additional cautionary 
warning to avoid release to the wild of this species, which was 
exclusively captive-held at that time (Tricarico et al. 2010).

Lacey Act Evaluation Criteria

    Once we determined that the three taxa were priorities for 
evaluating because of their invasive risk, we used the injurious 
wildlife listing criteria below to evaluate whether a species qualifies 
as injurious. These factors were previously developed by the Service, 
and the analyses using these criteria serve as a general basis for the 
Service's regulatory decisions regarding all injurious wildlife 
listings. We evaluated the factors that contribute to and the factors 
that reduce the likelihood of injuriousness:
    1. Factors that contribute to injuriousness:
     The likelihood of release or escape;
     Potential to survive, become established, and spread;
     Impacts on wildlife resources or ecosystems through 
hybridization and competition for food and habitats, habitat 
degradation and destruction, predation, and pathogen transfer;
     Impacts to endangered and threatened species and their 
habitats;
     Impacts to human beings, forestry, horticulture, and 
agriculture; and
     Wildlife or habitat damages that may occur from control 
measures.
    2. Measures that reduce the likelihood of the species being 
considered as injurious:
     Ability to prevent escape and establishment;
     Potential to eradicate or manage established populations 
(for example, making organisms sterile);
     Ability to rehabilitate disturbed ecosystems;
     Ability to prevent or control the spread of pathogens or 
parasites; and
     Any potential ecological benefits to introduction.
I. Factors That Contribute to Injuriousness

Asian Pond Mussels (Sinanodonta Species)

Potential for Introduction
    The primary pathways by which Asian pond mussels (Sinanodonta 
species) could enter the United States involve commercial trade in live 
animals. Asian pond mussels may hitchhike as parasitic larvae in 
aquaculture fish shipments or be transported directly as adults by 
aquaculture, aquarium, live food, or water garden trades. Species from 
this genus have been advertised on the internet as living filters for 
water purification of hatcheries, aquaria, and private ponds because 
they feed by straining water through their digestive system 
(AquaticArts 2023). In Indonesia, S. woodiana has economic value as a 
protein source for humans and cultivated animals, such as fishes 
(Bolotov et al. 2016). A recent study from Italy demonstrated potential 
for S. woodiana meal as an alternative to fish meal in aquaculture 
settings due to the high protein and suitable amino acids composition 
(Sicuro et al. 2023).
Potential for Spread
    Species in the Sinanodonta genus favor relatively warm water from 
10 to 30 [deg]C (50 to 86 degrees [deg]F) (Kraszewski and Zdanowski 
2007) but can also adapt to cold temperatures and waterbodies with 
yearly ice formation (Kone[ccaron]n[yacute] et al. 2018, 
Urba[nacute]ska et al. 2019). Given the prevalence of potential fish 
hosts in the United States, such as invasive carps, tilapias, and 
mosquitofishes, plus an apparent lack of host specificity, once Asian 
pond mussels are introduced, they have potential to spread broadly. 
Because Asian pond mussel larvae that are attached to fish hosts take 
weeks to mature, they can be disseminated over long distances as 
infested fish hosts swim or are transported (Watters 1997).
    Based on climate suitability modeling for S. woodiana, the 
likelihood of establishment for Asian pond mussels is high throughout 
the contiguous United States. At least 46 States have climates that are 
suitable for Asian pond mussel establishment (U.S. Fish and Wildlife 
Service 2021a).
Potential Impacts to Native Species
    Asian pond mussels could potentially harm vulnerable endemic and 
other native species due to habitat overlap and direct competition for 
resources, as well as having superior tolerance for scenarios 
associated with climate warming or other extreme weather events like 
drought. The life-history traits of Asian pond mussels, including early 
sexual maturity (9 months), long distance larval dispersal by host 
fishes, rapid growth, high reproductive capacity, mobility as adults, 
long lifespan (10-15 years), high filtration rate, broad environmental 
tolerance, and adaptability to changing abiotic conditions, all 
contribute to their invasiveness and disruption of natural ecosystem 
balance (Douda et al. 2012, Benedict and Geist 2021). As efficient 
filter feeders, they thrive in high nutrient environments, but can 
extract similar concentrations of food particles from the water column 
in enriched versus depleted systems (Douda and [Ccaron]adkov[aacute] 
2018).
    Asian pond mussels are also hosts of aquatic pathogens and 
parasites that may potentially impact other species, and novel 
parasites introduced with Asian pond mussels may adversely affect the 
health of native species. The native trematode (flatworm) parasite 
Aspidogaster conchicola was observed from introduced S. woodiana 
specimens across Polish and Ukrainian waterbodies (Yuryshynets and 
Krasutska 2009). In Poland, a more extensive parasite survey of S. 
woodiana from lakes and fishponds revealed infestations with four 
parasite groups: bucephalid trematodes, water mites, oligochaetes 
(worms), and chironomids (non-biting midges) (Cichy et al. 2016). A 
more recent parasite survey from Poland and Estonia confirmed the 
presence of the same four groups (Taskinen et al. 2021).
Potential Impacts to Endangered and Threatened Species
    At the time of the drafting of this proposed rule, the United 
States has 95 federally-listed endangered and threatened bivalve 
mollusks, 11 proposed for listing, and 1 candidate for listing under 
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.) (U.S. Fish and Wildlife Service 2023a). Freshwater bivalves are 
among the most threatened taxa in the world, with 40 percent of mussel 
and clam species (45 percent of Unionidae) described as near

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threatened, vulnerable, endangered, or extinct according to the 
International Union for Conservation of Nature (IUCN) Red List 
conservation status (Lopes-Lima et al. 2018). Asian pond mussels have 
the potential to compete with native burrowing bivalves (which are 
already in decline) for host fishes or may diminish native unionid 
survival through other means of resource competition, such as food and 
space. For instance, at the larval stage, S. woodiana has a higher 
temperature tolerance than an endangered European mollusk, and thus S. 
woodiana can compete for fish hosts across a wider temperature range 
(Benedict and Geist 2021).
Potential Impacts to Human Health or Safety
    We found no evidence of Asian pond mussels being directly or 
indirectly harmful to human health or safety. There is a potential 
associated risk of human health impacts related to ingestion of Asian 
pond mussel tissues containing high concentrations of toxic metals, as 
these mussels may effectively concentrate metals from aqueous 
environments, accumulating them in their tissues (Arumugam et al. 
2020). Similarly, freshwater and marine bivalve mollusks are widely 
recognized for their ability to filter and to concentrate microbial 
organisms from water and sediment, including pathogens such as bacteria 
and protozoan parasites. Handling and consumption of Asian pond mussels 
may thereby represent a human health threat if these mussels are 
consumed without proper cooking to kill potential pathogens.
Potential Impacts to Agriculture, Horticulture, or Forestry
    We found no evidence of Asian pond mussels being directly or 
indirectly harmful to horticulture or forestry interests. While 
negative effects of Asian pond mussels on agricultural systems, such as 
irrigation canals and aquaculture facilities, are likely, we are 
unaware of any corroborating evidence.

Golden Mussels (Limnoperna species)

Potential for Introduction
    The primary pathway by which golden mussels (Limnoperna species) 
could enter the United States involves transoceanic commercial 
shipping, especially as larvae in ballast water. In the wild, golden 
mussels have been found attached to aquatic plants, such as elodea and 
wetland sedges (Karatayev et al. 2007), as well as water hyacinth 
(Molina et al. 2010). These associations demonstrate the potential for 
these mussels to be transported as hitchhikers with various aquarium 
and aquatic horticulture products, similar to other macroinvertebrates 
(Duggan et al. 2018, Dickey et al. 2023). Live golden mussels have also 
been found in sand being transported from their nonnative range to 
replenish other beaches (Moutinho 2021).
Potential for Spread
    In South America, golden mussels have invaded temperate and 
subtropical waterways with average temperatures ranging from 14 to 32.6 
[deg]C (57 to 90.7 [deg]F) and salinity means above 3 ppt (Darrigran 
2002). However, research from the northern invasion front in China 
suggests this species has great adaptive capacity, as golden mussels 
here can endure temperatures below 1 [deg]C (34 [deg]F) for nearly a 
week and below 5 [deg]C (41 [deg]F) for up to 3.5 months (Xia et al. 
2021). For perspective, the magnitude of their spread potential has 
been likened to the zebra mussel in North America (Karatayev et al. 
2007), which was added by Congress to the list of injurious wildlife 
species during passage of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (Pub. L. 101-646; see 18 U.S.C. 42(a)(1)).
    Likelihood of establishment for golden mussels based on climate 
suitability modeling for L. fortunei is high throughout the east, 
southeast, and central continental United States. At least 26 States 
have suitable climate for establishment: Alabama, Arkansas, Arizona, 
Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, 
Maryland, Michigan, Missouri, Mississippi, North Carolina, New Jersey, 
New Mexico, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, 
Tennessee, Texas, Virginia, and West Virginia (U.S. Fish and Wildlife 
Service 2021b). Their adaptability to colder temperatures at the 
northern edge of the species' population in China (40.26[deg] N, 
116.26[deg] E) suggests potential expansion to even higher latitudes 
(Xia et al. 2021) than are currently documented.
    Much like the potential for introduction through shipping, further 
spread on ships and boats is also possible, as the free-swimming larvae 
in ballast, bilge, boat well, or other water sources carried from one 
site to another or as the young and barely visible mussels that attach 
themselves to the hulls of vessels in the water (Moutinho 2021). 
Freshwater mollusks are also known to be dispersed in the environment 
naturally through water currents, winds, and other organisms, including 
birds and aquatic animals (Coughlan et al. 2017). For instance, fish 
that consume mollusks may spread invasive mussels by releasing living 
mussels that pass through their gastrointestinal systems. This method 
of spread has been demonstrated as a potential means of dispersal for 
some invasive mollusk species of consequence (Gatlin et al. 2013). 
While some species of fish are known to consume golden mussels in South 
America as a significant component of their diet (Gonz[aacute]lez-
Bergonzini et al. 2020), the role of these fish in the spread of golden 
mussels is not well documented.
Potential Impacts to Native Species
    Golden mussels may harm vulnerable endemic and other native species 
due to habitat overlap and direct competition for resources. The life-
history traits of golden mussels, including early sexual maturity (3 
months), long larval residence time, rapid growth, high reproductive 
capacity, high filtration rate, broad environmental tolerance, and 
adaptability to changing abiotic conditions, all contribute to their 
invasiveness and disruption of natural ecosystem balance. As powerful 
filter feeders, they have one of the highest filtration rates reported 
for mussels (Sylvester et al. 2005, Pestana et al. 2009). Through 
feeding, they remove particles suspended in the water column, including 
phytoplankton, zooplankton, bacteria, and detritus. With superior 
tolerance for scenarios associated with climate warming, golden mussels 
may also have a competitive advantage over native species in habitats 
that are especially susceptible to climate-related change.
    Golden mussels also serve as hosts for an intermediate life stage 
of a trematode parasite, and may carry these parasites with them, 
spreading them to native aquatic animals. Many types of freshwater 
fishes may host other life stages of this parasite and could be 
negatively impacted by its introduction along with golden mussels. 
Related disease in fish may cause fin damage, internal organ 
impairment, and even death. In Japan, invasion of golden mussels also 
introduced two species of these trematodes, which, in turn, negatively 
impacted the health of many species of fish in the region (Baba et al. 
2012, Baba and Urabe 2015). Furthermore, golden mussels are known to 
host a type of virus known as marseilleviruses. These large viruses 
have been isolated from water-related environments and from amoeba and 
other organisms including humans. Among the reported marseilleviruses,

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the golden marseillevirus was isolated from golden mussels from a lake 
in South Brazil (dos Santos et al. 2016). Potential impacts of these 
viruses upon their various hosts are not well established.
Potential Impacts to Endangered and Threatened Species
    At the time of the drafting of this proposed rule, the United 
States has 95 endangered and threatened bivalve mollusks, 11 proposed 
for listing, and 1 candidate for listing under the ESA (U.S. Fish and 
Wildlife Service 2023a). Freshwater bivalves are among the most 
threatened taxa in the word, with 40 percent of mussel and clam species 
(45 percent of Unionidae) described as near threatened, vulnerable, 
endangered, or extinct according to the IUCN Red List conservation 
status (Lopes-Lima et al. 2018). Golden mussels may also directly 
outcompete endangered and threatened mollusks for food or attach to 
their shells, effectively smothering them. In South America, golden 
mussels can colonize the tops of bivalves and crustaceans (Darrigran 
2002), which may prevent their host from eating, moving, regulating 
water (breathing), or reproducing. They would likely settle on and harm 
comparable native taxa in newly invaded ranges.
Potential Impacts to Human Health or Safety
    We have no evidence that golden mussels are directly harmful to 
human health or safety. In South America, the first marseillevirus 
isolated from mussels was recovered in golden mussels. These families 
of viruses infect amoebas and have also been detected in humans, but 
their potential human health implications still warrant further 
investigation (Sahmi-Bounsiar et al. 2021).
Potential Impacts to Agriculture, Horticulture, or Forestry
    The adverse economic effects of golden mussels to the interest of 
humans is documented as negative and usually very costly (Boltovskoy et 
al. 2022). Maintenance expenses would steeply rise for industries 
processing surface water for power, cooling, irrigation, and drinking. 
In Brazil, L. fortunei is considered the costliest invasive species for 
aquatic ecosystems (Adelino et al. 2021).
    Golden mussels are well known to damage agricultural irrigation 
systems through biofouling. Their free-swimming larvae with sizes 
ranging from 85 to 400 [micro]m (0.003 to 0.02 inches) (Cataldo et al. 
2005) can evade grates and structural filters to access intake 
pipelines and, once inside the structure, adhere to plumbing, valves, 
gates, pumps, impellors, and other equipment, forming 10-cm (4-inch) or 
thicker clusters (Xu et al. 2015). Shell debris from dead mussels may 
also clog equipment and cause other maintenance problems. Golden 
mussels similarly threaten other human-made facilities and 
infrastructure, such as water transfer, water cooling, wastewater 
processing, and (hydroelectric, thermal, and nuclear) power plants 
(Magara et al. 2001, Boltovskoy et al. 2022, Zhang et al. 2022).
    We found no evidence of golden mussels being directly or indirectly 
harmful to horticulture or forestry interests.

Marbled Crayfish (Procambarus Virginalis)

Potential for Introduction
    The primary pathway that the marbled crayfish (Procambarus 
virginalis) may enter the United States is the commercial trade in live 
animals. Marbled crayfish juveniles and adults may be transported by 
aquaculture, aquarium, or live-food trades. The marbled crayfish 
reportedly first became commercially available in North America around 
2004 (Faulkes 2010). This self-cloning crayfish has grown in popularity 
with aquarists (Faulkes 2010, Chucholl 2014, Zen Faulkes 2015, 
Lipt[aacute]k et al. 2023) and for scientific research, such as 
studying cancerous tumor clonality (Vogt 2010, Gutekunst et al. 2018). 
In Madagascar, the marbled crayfish has also become valued as a protein 
source for humans and domestic animals such as birds (Andriantsoa et 
al. 2019, 2020). In 2023, marbled crayfish were found in the wild in a 
pond near Burlington in Ontario, Canada, following previous suspected 
but unconfirmed reports of this species found in the wild in this 
region since 2021. This occurrence represents the first report of this 
species in a non-captive status in North America (Marbled crayfish 
[verbar] ontario.ca n.d.).
Potential for Spread
    The marbled crayfish can tolerate seasonally low temperatures (ice 
cover) while optimal growth and reproduction occurs at temperatures 
between 20 to 25 [deg]C (68 to 77 [deg]F), which is achievable in small 
or shallow aquatic habitats of otherwise cooler climates (Chucholl and 
Pfeiffer 2010). Considering that one crayfish can produce up to 1,500 
offspring per year under ideal conditions, this species' spread 
potential is alarming. Further, its asexual reproductive strategy 
(parthenogenesis) means it can reproduce without a mate and establish a 
viable population if just one individual escapes.
    The likelihood of establishment for the marbled crayfish based on 
climate suitability modeling is especially high throughout the Great 
Lakes and Southwest regions of the United States. At least 47 States 
have high climate compatibility (U.S. Fish and Wildlife Service 2023b).
Potential Impacts to Native Species
    The marbled crayfish could potentially outcompete native 
crayfishes, amphibians, fishes, and other freshwater taxa for 
resources, such as food and shelter. In particular, the southeastern 
Appalachian Mountains hosts a global crayfish diversity hotspot 
(Crandall and Buhay 2008). The life-history traits of the marbled 
crayfish, including early sexual maturity (5 months), high reproductive 
capacity, broad environmental tolerance, and adaptability to changing 
abiotic conditions, all contribute to the species' invasiveness and 
disruption of natural ecosystem balance. For comparison, invasive red 
swamp crayfish (Procambarus clarkii) have displaced native amphibians 
in Portugal (Cruz et al. 2008). The marbled crayfish was evenly matched 
or superior in staged contests against the red swamp crayfish, which is 
well known for its aggression and competitive dominance versus other 
crayfish species (Jimenez and Faulkes 2011, Hossain et al. 2019). These 
results suggest a potential for the marbled crayfish to compete with 
native crayfish similar to the red swamp crayfish, which is often cited 
as one of the most harmful invaders worldwide (Oficialdegui et al. 
2020). The marbled crayfish also dominates the spiny cheek crayfish 
(Faxonius limosus) (Linzmaier et al. 2018) and calico crayfish (F. 
immunis) (Hossain et al. 2019) in analogous laboratory experiments to 
assess aggression and combative behaviors among crayfish species. This 
antagonistic behavior often predicts shelter acquisition and the 
ability to avoid predation in the wild.
    The marbled crayfish has demonstrated capacity to carry the 
crayfish pathogen Aphanomyces astaci, the agent of the crayfish plague. 
Aphanomyces astaci is an oomycete (water mold) that is highly 
pathogenic to some crayfishes, and as an ``Office International des 
Epizooties (OIE)-notifiable'' pathogen, its occurrence must be reported 
to the World Organisation for Animal Health. Crayfish plague is of 
significant concern related to wild crayfish ecology around

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the world, yet it is an endemic (constantly present) pathogen in North 
America, believed to have co-evolved with North American crayfish 
species. While this pathogen may cause crayfish plague associated with 
high mortality among many species of crayfishes around the world, 
native crayfish species in North America do not suffer apparent disease 
and may be asymptomatic carriers (Mart[iacute]n-Torrijos et al. 2021). 
Like these North American crayfish species, the marbled crayfish is 
largely resistant to clinical impacts of crayfish plague but may be 
infected with A. astaci and serve as a carrier with the potential to 
transmit the pathogen to susceptible crayfish species (Keller et al. 
2014, Francesconi et al. 2021). There are multiple strains of A. astaci 
that circulate among infected crayfishes, so it is uncertain whether 
any crayfish species in North America may be impacted by any strains of 
A. astaci that could potentially be carried and introduced through the 
marbled crayfish (Francesconi et al. 2021).
    Additionally, other procambarid species are recognized as hosts and 
carriers of another important pathogen, Batrachochytrium dendrobatidis, 
that has demonstrated severe impacts on amphibian populations around 
the world (Oficialdegui et al. 2019). The potential for the marbled 
crayfish to carry and transmit this pathogen may have significant 
consequences for native amphibians, including imperiled amphibian 
species (Maciaszek et al. 2022).
Potential Impacts to Endangered and Threatened Species
    At the time of the drafting of this proposed rule, the United 
States has eight endangered and threatened crayfish species listed 
under the ESA (U.S. Fish and Wildlife Service 2023c). The threatened 
Panama City crayfish (Procambarus econfinae) belongs to the same genus 
as the marbled crayfish. In the same family Cambaridae, there are five 
endangered crayfishes (Cambarus aculabrum, C. veteranus, C. 
zophonastes, C. cracens, and Faxonius shoupi (which is listed as 
Orconectes shoupi)) and one threatened crayfish (C. callainus). 
Pacifastacus fortis, belonging to the family Astacidae, is also listed 
as endangered. There were no additional candidates or proposed species 
of crayfish for listing under the ESA as of the drafting of this 
proposed rule. The marbled crayfish may directly outcompete these 
crayfishes given the behavioral experimental evidence of its dominance 
over other Procambarus and Faxonius crayfishes (Jimenez and Faulkes 
2011, Linzmaier et al. 2018, Hossain et al. 2020). The marbled crayfish 
may also prey on endangered and threatened fishes, amphibians, and 
mollusks based on comparable taxa it consumed in European field studies 
(Deidun et al. 2018). In Poland, dissemination of marbled crayfish to a 
nature-protected area has been reported, including habitats normally 
occupied by threatened amphibians and with public and scientific 
concern for native crayfish and amphibian population impacts (Maciaszek 
et al. 2022).
Potential Impacts to Human Health or Safety
    We have no evidence of this species being directly or indirectly 
harmful to human health or safety.
Potential Impacts to Agriculture, Horticulture or Forestry
    We found no evidence of the marbled crayfish being directly or 
indirectly harmful to horticulture or forestry interests. However, 
marbled crayfish dissemination and activity has prompted concern for 
potentially adverse impacts to rice production and freshwater fisheries 
elsewhere. Other invasive procambarid crayfish species have been 
associated with negative impacts for rice farming through consumption 
of rice seedlings and damage to crop irrigation systems through 
burrowing activity, and similar impacts for marbled crayfish invasions 
are plausible (Jones et al. 2009). Potential negative impacts of the 
marbled crayfish on biodiversity of freshwater organisms, including 
significant fisheries species, are also anticipated and have been 
reported in social surveys (Andriantsoa et al. 2020).
II. Factors That Reduce Injuriousness

Asian Pond Mussels (Sinanodonta Species)

Potential Control Options
    Mussel populations are difficult to remove manually, and 
alternative chemical treatments can harm native biota. Available 
biocides are not selective for genus- or species-level mussel or 
crayfish treatments, so use of these products may kill native species. 
Control measures that would harm other wildlife are not recommended to 
reduce injuriousness, and therefore are not considered a practicable 
risk mitigation measure. In small closed systems with water draining 
capacity, such as aquaculture facilities, desiccation could be an 
effective control method; however, Asian pond mussels may escape drying 
by burrowing deeper into the sediment. Eradication of any of Asian pond 
mussels in larger, hydrologically connected, natural systems would be 
unprecedented and cause collateral damage to native species.
Potential Ecological Benefits
    At least one Sinanodonta species (S. woodiana) has been advertised 
in Europe as a natural filter to clean turbid or fouled waters in ponds 
and aquaria due to high tolerance for poor water quality. According to 
some researchers, potential benefits of their filter feeding to remove 
suspended particles that could otherwise harm native mussels may be 
overlooked (Douda and [Ccaron]adkov[aacute] 2018). In Poland, 
intentional secondary spread of S. woodiana by the ``bucketful'' was 
attributed to their water filtration effectiveness (Urba[nacute]ska et 
al. 2021). They are also marketed in other European countries for water 
purification and biocontrol purposes (Von Proschwitz 2008). However, we 
could not find documentation of successful introduction of Asian pond 
mussels for purposes of water purification or filtration.
    There are other potential and documented uses of Sinanodonta 
species. The attractive nacre color on the interior shell may invite 
their use for culturing freshwater pearls (Arief et al. 2023). 
Historically, freshwater mussels were used to make buttons in the 
Mississippi River Basin prior to native mussel declines (Tucker and 
Theiling 1999). In Europe, they are sold in garden centers that supply 
pond and water garden products and through online stores for aquarium 
hobbyists where they can be erroneously labeled as ``European pond 
mussel'' (Dobler et al. 2022). In Indonesia, the invasive S. woodiana 
has economical value as a local protein source for humans and other 
cultivated animals like fishes (Bolotov et al. 2016). A recent study 
from Italy demonstrated the potential for S. woodiana meal as a 
substitute for fish meal in aquaculture for the high protein with 
adequate amino acid composition (Sicuro et al. 2023). There is 
currently no overt market in the United States for Asian pond mussels.

Golden Mussels (Limnoperna species)

Potential Control Options
    Mussel populations are difficult to remove manually, and 
alternative chemical treatments can harm native biota. Available 
biocides are not selective for genus- or species-level mussel 
treatments, so use of these products may kill native species. Control 
measures that would harm other wildlife are not recommended to reduce 
injuriousness, and therefore are not

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considered a practicable risk mitigation measure. In small closed 
systems with water draining capacity, such as aquaculture facilities, 
desiccation could be an effective control method. In enclosed 
artificial systems, like municipal water supply pipelines, chlorine 
treatments have successfully killed golden mussel (Limnoperna species) 
larvae (Shin et al. 2014) and dissolved byssal threads, preventing 
adhesion of adults (Zhang et al. 2022). However, eradication of golden 
mussels in larger, hydrologically connected, natural systems would be 
unprecedented and cause collateral damage to native species.
Potential Ecological Benefits
    We are not aware of any documented ecological benefits for the 
introduction of golden mussels.

Marbled Crayfish (Procambarus Virginalis)

Potential Control Options
    Crayfish populations are difficult to remove manually, and 
alternative chemical treatments can harm native biota. Chemical control 
options using pyrethrin and pyrethroid pesticides and anthranilic 
diamide insecticide in fish hatcheries to kill nonnative crayfish have 
had some success (Allert et al. 2016). Further, biocides may be useful 
in removal of nonnative crayfish is small isolated waterbodies, 
although this technique may not be suitable for large water bodies or 
connected water systems (Ballantyne et al. 2019). Carbon dioxide 
diffusion has shown some promise as a mechanism for inducing crayfish 
emergence to facilitate capture for invasive procambarid crayfish 
control in infested areas, but it may require other mitigation measures 
for an effective control strategy (Abdelrahman et al. 2021). Nonnative 
crayfish trapping also showed limited effect on population abundance 
and is not likely a reliable control option (Aluma et al. 2023). 
Available biocides are not selective for genus- or species-level 
crayfish treatments, so use of these products may kill native species. 
Control measures that would harm other wildlife are not recommended to 
reduce injuriousness, and therefore are not considered a practicable 
risk mitigation measure. However, eradication of nonnative crayfish in 
larger, hydrologically connected, natural systems would be 
unprecedented and cause collateral damage to native species. In 
Madagascar, eradication of marbled crayfish was regarded as not 
possible or prohibitively expensive within a few years of their likely 
introduction (Jones et al. 2009).
Summary of Potential Ecological Benefits
    We are not aware of any documented ecological benefits for the 
introduction of marbled crayfish.

Summary of Injurious Factors for All Taxa

    Using the Service's injurious wildlife listing criteria, we found 
that all foreign aquatic invertebrate taxa evaluated in this proposed 
rule are injurious to wildlife and wildlife resources and one taxon is 
injurious to agriculture. Table 1 shows a summary of the evaluation 
criteria for all species.

                           Table 1--Summary of Injurious Wildlife Listing Criteria for Three Foreign Aquatic Invertebrate Taxa
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Factors that contribute to injuriousness                                Factors that reduce
                              -----------------------------------------------------------------------------------------           injuriousness
                                                                                                                       ---------------------------------
             Taxa                  Nonnative       Potential for    Harm to native     Harm to human       Harm to                          Ecological
                                  occurrences    introduction and     species \1\    health or safety  agriculture \2\     Potential       benefits of
                                                      spread                                                              control \3\      introduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Asian Pond Mussels...........  Yes.............  Yes.............  Yes.............  No..............  Possible.......  No.............  Possible.
Golden Mussels...............  Yes.............  Yes.............  Yes.............  Possible........  Yes............  No.............  No.
Marbled Crayfish.............  Yes.............  Yes.............  Yes.............  No..............  Possible.......  No.............  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes federally endangered and threatened species.
\2\ Includes aquaculture.
\3\ Control--``No'' if wildlife or habitat damages may occur from control measures proposed as mitigation.

Conclusion

    Based on the available evidence, we conclude that the three 
invertebrate taxa described herein each pose significant risk of harm 
to interests of the United States if they were to be introduced into 
the wild. To address these risks, identification of these taxa as 
injurious wildlife under 18 U.S.C. 42 is within the authority of the 
Service, and these listings would prevent their legal introduction into 
the United States through international wildlife trade.
    Asian pond mussels (genus Sinanodonta) are native in parts of Asia 
but also found as nonnative throughout other regions in Asia as well as 
Europe, Africa, Central America, and the Caribbean. Climate suitability 
within the contiguous United States is high for these mussels. Deemed a 
hyper-successful invader, these mussels are highly adaptable to varying 
conditions in freshwater environments and may be likely to outcompete 
native organisms for food and habitat resources when they are 
introduced. Further, long-distance dispersal of larval Asian mussels by 
various suitable fish host species may also make it difficult to 
contain these mussels once introduced.
    Golden mussels (genus Limnoperna) are native to southeast Asia but 
have a nonnative distribution including Japan and parts of South 
America. Also referenced as a hyper-successful invader in these 
regions, golden mussels' capacity for high reproduction and fast 
growth, high adaptability including tolerance of poor environmental 
conditions, and ease of dispersal in part through their attachment to 
boats or ships support a high potential for invasion. If introduced 
into the wild, their high reproductive capacity and efficient feeding 
behavior would potentially outcompete native aquatic life and disrupt 
aquatic ecosystem balance. Golden mussels may also carry parasites that 
could spread to and have negative health consequences for native 
mollusks and fishes. The tendency of golden mussels to settle and grow 
within human-made structures make them a serious threat to agriculture 
and industry related to any infrastructure in or containing water, 
similar to concerns associated with invasive zebra mussels.
    The marbled crayfish (Procambarus virginalis) seemingly originated 
in captivity and has no native range, but it has developed a nonnative 
distribution throughout Europe and in Madagascar since it was reported 
as a species in the mid-1990s. Like some other invasive crayfish of 
concern, the reproduction, growth, and feeding habits of the marbled 
crayfish support its ability to outcompete native crayfish for habitat

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and food. In addition, the highly unique parthenogenetic, clonal 
reproduction of the marbled crayfish allows it to successfully 
reproduce in nature with the presence of only one individual animal. 
Displacement of native aquatic species, including endangered crayfish, 
and disruption of aquatic ecosystem balance could be consequential 
impacts if this species were to be introduced into the wild in the 
United States.
    There are currently no risk mitigation measures that appear 
adequate for eradication of an established population of any of these 
injurious foreign aquatic invertebrates if they are introduced into 
natural ecosystems of the United States. Most of these species are in 
minimal or no live import trade according to LEMIS records, making it 
timely to list them before a commercial market develops and thereby 
decreasing risk of new biological invasions through legal trade 
pathways.
    The risks posed to the interests of the United States by these taxa 
in international wildlife trade are found to be substantive, and we 
thereby propose to list Sinanodonta and Limnoperna species of 
freshwater mussels as well as the marbled crayfish species as injurious 
under 18 U.S.C. 42. If a determination is made to finalize the listing 
of one, some, or all proposed species for listing as injurious after 
evaluating the public comments and peer review, a final rule would be 
published.

Required Determinations

National Environmental Policy Act (NEPA)

    We reviewed this proposed rule in accordance with criteria of NEPA 
(42 U.S.C. 4321 et seq.) and our Departmental Manual at 516 DM 8. This 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment. Under Department of the Interior 
agency policy and procedures, this rule is covered by a categorical 
exclusion (516 DM 8.5C(9)) with no extraordinary circumstances 
associated with the listing action. Preparation of a detailed statement 
under NEPA is not required because the rule would add species to the 
list of injurious wildlife in the CFR at title 50, subchapter B, part 
16, which prohibits the importation into the United States and 
transportation between enumerated jurisdictions of wildlife found to be 
injurious. For further information on this categorial exclusion, made 
effective October 29, 2015, see 80 FR 66554. We also determined that 
the rule does not involve any extraordinary circumstances listed at 43 
CFR 46.215 that would require further analysis under the NEPA.

Endangered Species Act

    Under the ESA (16 U.S.C. 1536(a)(2)), all Federal agencies must 
ensure the actions they undertake are not likely to jeopardize the 
continued existence of any endangered or threatened species or result 
in destruction or adverse modification of critical habitat. The listing 
of the three taxa of invertebrates as injurious wildlife species will 
not result in general environmental changes on the landscape that meet 
the two-part causation test (i.e., the ``but/for'' and ``reasonably 
certain to occur'' standards) for determining ``effects of the 
action,'' as defined at 50 CFR 402.02. Because there are no general 
environmental changes that would not occur but for the listing and that 
are reasonably certain to occur, the listing of the three taxa will not 
result in any ``effects of the action,'' and a determination of ``no 
effect'' is appropriate.

Government-to-Government Coordination With Tribes

    In accordance with Executive Order (E.O.) 13175 (Consultation and 
Coordination With Indian Tribal Governments), the Service has 
collaboratively determined that these injurious listings would not have 
negative Tribal implications. This proposed rule promotes healthy 
ecosystems by preventing importation into the United States and 
transportation between the enumerated jurisdictions of specific 
freshwater mussels and a crayfish that are not native to the United 
States. The proposed rule imposes no costs, and we are unaware of trade 
in these foreign aquatic invertebrate species by Tribes.

Regulatory Planning and Review--Executive Orders 12866, 13563, and 
14094

    E.O. 14094 (Modernizing Regulatory Review) amends and reaffirms the 
principles of E.O. 12866 (Regulatory Planning and Review) and E.O. 
13563 (Improving Regulation and Regulatory Review). Regulatory analysis 
should facilitate agency efforts to develop regulations that serve the 
public interest, advance statutory objectives, and are consistent with 
E.O. 12866, E.O. 13563, and E.O. 14094. Regulatory analysis, as 
practicable and appropriate, shall recognize distributive impacts and 
equity, to the extent permitted by law. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this proposed rule in a manner 
consistent with these requirements.
    E.O. 12866, as reaffirmed by E.O. 13563 and amended by E.O. 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget (OMB) will review all 
significant rules. OIRA has determined that this rule is not a 
significant regulatory action, as defined under section 3(f) of E.O. 
12866 (58 FR 51735, October 4, 1993), as amended by E.O. 14094 (88 FR 
21879, April 11, 2023).
    This proposed rule would add all species of freshwater mussels from 
two genera, Asian pond mussels (Sinanodonta species) and golden mussels 
(Limnoperna species), to the list of injurious mollusks and would add 
marbled crayfish (Procambarus virginalis) to the list of injurious 
crustaceans. The listings would prohibit these species from being 
imported live into the United States and shipped between the 
continental United States, District of Columbia, Hawaii, Commonwealth 
of Puerto Rico, or any territory or possession of the United States, 
except as specifically authorized. Any regulations pertaining to the 
possession, transport, or use of these species within a particular 
State would remain the responsibility of that State.
    To determine the effects of this proposed rule, we assessed the 
markets for imports and domestic sales. For imports, we used LEMIS for 
import data on the number of mussels and crayfish to estimate the 
potential effects of the proposed rule. There were no reported live 
imports of marbled crayfish or golden mussels from 2015 to 2021. For 
the same period, there were only three shipments of live Asian pond 
mussels, which totaled 240 specimens in 2020. Under this proposed rule, 
we expect negligible import effects would be incurred due to minimal 
imports of live animals.
    For domestic sales, there are no comprehensive data collections or 
databases for Asian pond mussels, golden mussels, or marbled crayfish. 
After an internet search, we know of only one U.S. business for live 
Asian pond mussels and no businesses selling live golden mussels. For 
marbled crayfish, there are sellers through online aquarium sites and 
auction sites. Faulkes (2015) stated that marbled crayfish accounted 
for nearly half of crayfish (476 of 982 total crayfish) sold through 
the online platform AquaBid in 2013. However, we have no other data 
regarding domestic sales. Marbled crayfish are regulated as invasive at 
the species level in at least 12 States

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(Arkansas, Georgia, Idaho, Kansas, Maryland, Michigan, Missouri, North 
Carolina, Ohio, Oklahoma, Tennessee, and Virginia) and at a higher 
taxonomic level by family or infraorder in several others. Golden 
mussels are regulated as invasive at the species level in at least 5 
States (Illinois, Michigan, Nevada, Ohio, and Wisconsin). We are 
unaware of any species-specific State regulations for the Asian pond 
mussel.
    Due to limited data availability, we cannot estimate the number of 
domestically bred mussels and crayfish that are transported between the 
enumerated jurisdictions that would be prohibited under this proposed 
rule. While there are domestic marbled crayfish sales, we expect 
affected sales to be small because the rule does not prohibit 
interstate transport between the 49 States in the continental United 
States. Furthermore, pet stores outside the 49 States in the 
continental United States represent less than 1 percent of all stores 
and less than 1 percent of total pet store sales (U.S. Census Bureau 
2017). We are requesting public comment on the number and value of 
mussels (by species) and marbled crayfish that are domestically bred 
and the percentage that are transported between the enumerated 
jurisdictions (see Public Comments, above).
    In the long term, the proposed rule is expected to benefit the 
economy. Efforts to control or eradicate invasive species and manage 
the costs they incur to society, once they have become established, are 
generally recognized as being less effective and more expensive than 
efforts to prevent potentially invasive species from establishing in 
the first place (Cuthbert et al. 2022). As a result, sectors of the 
economy would be expected to benefit from a timely listing process 
because resources to control or manage injurious wildlife would not 
need to be expended.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever a Federal agency is 
required to publish a notice of rulemaking for any proposed or final 
rule, it must prepare and make available for public comment a 
regulatory flexibility analysis that describes the effect of the rule 
on small entities (i.e., small businesses, small organizations, and 
small government jurisdictions). However, no regulatory flexibility 
analysis is required if the head of an agency certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities. Thus, for a regulatory flexibility analysis to be 
required, impacts must exceed a threshold for ``significant impact'' 
and a threshold for a ``substantial number of small entities.'' See 5 
U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require 
Federal agencies to provide a statement of the factual basis for 
certifying that a rule would not have a significant economic impact on 
a substantial number of small entities.
    The U.S. Small Business Administration (SBA) defines a small 
business as one with annual revenue or employment that meets or is 
below an established size standard for industries described in the 2022 
North American Industry Classification System (NAICS) (U.S. Office of 
Management and Budget 2022). To assess the effects of this proposed 
rule on small entities, we focus on (1) entities that import live 
animals of the listed genera and species, and (2) entities with sales 
of live animals that are transported between the enumerated 
jurisdictions in 18 U.S.C. 42(a)(1). Entities affected by the proposed 
rule are represented by data from the NAICS, which are $32.0 million 
for ``Pet and Pet Supplies Stores'' (NAICS 459910) and $2.75 million 
for ``All Other Animal Production'' (NAICS 112990).
    Under the proposed rule, we expect the number of entities that 
import Sinanodonta, Limnoperna, or Procambarus virginalis to be small 
because, according to LEMIS data, only three shipments of S. woodiana 
were reportedly imported over 6 years from 2015 to 2021. We expect the 
number of entities that ship or trade these species between the 
enumerated jurisdictions to be small as well, because the proposed rule 
would not prohibit interstate transport between the 49 States in the 
continental United States. Furthermore, pet stores outside the 49 
States in the continental United States represent less than 1 percent 
of all stores and less than 1 percent of total pet store sales (U.S. 
Census Bureau 2017). Thus, we do not expect the proposed rule would 
have a significant economic effect on a substantial number of small 
entities. Therefore, we certify that, if adopted as proposed, this rule 
would not have a significant economic effect on a substantial number of 
small entities as defined under the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.). An initial regulatory flexibility analysis is not 
required. Accordingly, a small entity compliance guide is not required.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) does not 
apply to this proposed rule since it would not impose Federal mandates 
or have significant or unique effects on State, local, and tribal 
governments, or the private sector.

Takings

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), this proposed 
rule would not have significant takings implications. Therefore, a 
takings implication assessment is not required, as this proposed rule 
would not impose significant requirements or limitations on private 
property use.

Federalism

    In accordance with E.O. 13132 (Federalism), this proposed rule does 
not have significant federalism effects. A federalism summary impact 
statement is not required. This proposed rule would not have 
substantial direct effects on the States, in the relationship between 
the Federal Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

Civil Justice Reform

    In accordance with E.O. 12988 (Civil Justice Reform), the Office of 
the Solicitor has determined that this proposed rule does not unduly 
burden the judicial system and meets the requirements of sections 3(a) 
and 3(b)(2) of this E.O. The rulemaking has been reviewed to eliminate 
drafting errors and ambiguity, was written to minimize litigation, 
provides a clear legal standard for affected conduct rather than a 
general standard, and promotes simplification and burden reduction.

Energy Supply, Distribution, or Use

    E.O. 13211 (Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use) requires agencies to 
prepare statements of energy effects ``to the extent permitted by law'' 
when undertaking certain actions (66 FR 28355; May 22, 2001). E.O. 
13211 defines a ``significant energy action'' as an action that (i) is 
a significant regulatory action under E.O. 12866 or any successor order 
(most recently, E.O. 14094 (88 FR 21879; April 11, 2023)); and (ii) is 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. This rule is not a significant 
regulatory action under E.O. 12866 or 14094. Therefore, this action is 
not a significant energy action, and there is no requirement to prepare 
a statement of energy effects for this action.

[[Page 1936]]

Paperwork Reduction Act

    This proposed rule does not contain any new collections of 
information that require approval by OMB under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor, 
and a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number. OMB previously 
approved the information collection requirements associated with the 
importation of injurious wildlife and assigned OMB Control Number 1018-
0078 (expires 01/31/2024, and in accordance with 5 CFR 1320.10, an 
agency may continue to conduct or sponsor this collection of 
information while the submission is pending at OMB).

Clarity of Rule

    In accordance with E.O. 12866 (Regulatory Planning and Review) and 
E.O. 12988 (Civil Justice Reform) as well as the Presidential 
Memorandum of June 1, 1998, all rules must be written in plain 
language. This means that each published rulemaking must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences;
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

Authors

    The primary authors of this proposed rule are the staff members of 
the U.S. Fish and Wildlife Service's Branch of Aquatic Invasive Species 
(see FOR FURTHER INFORMATION CONTACT).

List of Subjects in 50 CFR Part 16

    Fish, Imports, Reporting and recordkeeping requirements, 
Transportation, Wildlife.

Proposed Regulation Promulgation

    For the reasons discussed in the preamble, the U.S. Fish and 
Wildlife Service proposes to amend part 16, subchapter B of chapter I, 
title 50 of the Code of Federal Regulations, as follows:

PART 16--INJURIOUS WILDLIFE

0
1. The authority citation for part 16 continues to read as follows:

    Authority:  18 U.S.C. 42.

0
2. Amend Sec.  16.13 by adding paragraphs (a)(2)(xi) through (xiii) to 
read as follows:

Sec.  16.13  Importation of live or dead fish, mollusks, and 
crustaceans, or their eggs.

    (a) * * *
    (2) * * *
    (xi) Any live mollusks, gametes, viable eggs, or hybrids of Asian 
pond mussels, genus Sinanodonta.
    (xii) Any live mollusks, gametes, viable eggs, or hybrids of golden 
mussels, genus Limnoperna.
    (xiii) Any live crustaceans, gametes, viable eggs, or hybrids of 
Procambarus virginalis (marbled crayfish), family Cambaridae.
* * * * *

Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-31202 Filed 1-8-25; 8:45 am]
BILLING CODE 4333-15-P
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