On August 22, 2023, the Fish and Wildlife Service (FWS) published three proposed rules in the Federal Register setting aside critical habitat for a variety of different species.
Specifically, FWS proposes to list the Brawleys Fork crayfish as threatened under the Endangered Species Act (ESA) and set aside 86.6 river miles in Cannon, Rutherford, and Warren Counties, Tennessee as critical habitat. FWS has certified that the proposed critical habitat designation would not have a significant economic impact on a substantial number of small entities.
FWs also proposes to list the salamander mussel, a freshwater mussel species, as endangered under the ESA and set aside approximately 2,012 river miles in Indiana, Kentucky, Michigan, Minnesota, New York, Ohio, Pennsylvania, Tennessee, West Virginia, and Wisconsin as critical habitat. FWS has certified that the proposed critical habitat designation would not have a significant economic impact on a substantial number of small entities.
Finally, the FWS is proposing to list three Tennessee and Cumberland River basin mussel species, the Tennessee clubshell, Tennessee pigtoe, and Cumberland moccasinshell, as endangered species under the ESA. Critical habitat is being developed under a separate proposed rule which is proceeding under a different timeline because the Office of Management and Budget has determined it to be significant. Once critical habitat is proposed, FWS will determine whether there is a significant economic impact on a substantial number of small entities.
Comments on all three rules are due October 23, 2023.
- Read the Brawley’s Fork crayfish Proposed Rule and submit comments.
- Read the salamander mussel Proposed Rule and submit comments.
- Read the Tennessee and Cumberland River Basin mussels Proposed Rule and submit comments.
- Advocacy contact: Send an email to Nick Goldstein at nick.goldstein@sba.gov.