Current work in wildlife, rivers, public lands, and climate

Monday, September 20, 2010
Group Takes Action for Nine Texas Mussels

Government Decision on Species Protection Long Overdue
Contact: Dr. Nicole Rosmarino (505) 699-7404

Houston, TX—Sept 20. WildEarth Guardians sued Interior Secretary Ken Salazar today over his failure to decide whether nine Texas mussels deserve federal safeguards. Guardians petitioned the government to protect these species in 2007 and 2008. Under the Endangered Species Act, Mr. Salazar was supposed to issue a decision within one year.

“These mussels are all at high risk of extinction. Their imperilment signals the decline of important river systems across the state of Texas,” stated Nicole Rosmarino, WildEarth Guardians’ Wildlife Program Director. “By protecting these mussels, we could help the river ecosystems on which these mussels, and people, depend.”

In December 2009, Secretary Salazar agreed that the mussels warranted full reviews for addition to the endangered species list, finding that habitat loss and decline threaten each of them. However, Mr. Salazar has yet to make a final decision on whether to actually protect these nine mussels.

Several of the nine mussels previously slipped through the cracks on federal protection. The Service included the Texas heelsplitter, false spike, Mexican fawnsfoot, and Salina mucket on the federal candidate list before, but dropped them from the list along with over 2,000 other imperiled species in 1996.

WildEarth Guardians filed today’s suit in Houston, Texas and was represented by Misty Ewegen, Esq. of Mile High Law Office, and Peter Thompson and Steven S. Reilley of Thompson & Reilley, P.C. of Houston, Texas.

Background on the 9 mussels:

• Texas fatmucket historically occurred in the Colorado, Guadalupe, and San Antonio Rivers, but currently occurs in only two tributaries of the Colorado River and the upper Guadalupe River in Texas. It is 3.5 inches long, with a tan to brown oval shell.
• Texas heelsplitter historically and currently is known to occur in the Neches River, the lower-central Trinity River, and the upper Sabine River in Texas. It is 7 inches in length, with a tan to brown elongated shell.
• Salina mucket occurred in the Rio Grande from New Mexico, through Texas, to northern Mexico but is now only known from the Rio Grande in Texas from Big Bend to below the Falcon Dam. It is 4.1 inches long, with a tan to black oval shell. In addition to habitat loss, the Service found that isolation of remaining populations may threaten this species.
• Golden orb historically occurred in the Guadalupe, San Antonio, Colorado, and Nueces-Frio river systems, but currently only occurs in the upper and central Guadalupe River, lower San Marcos River, and lower Nueces River drainage. It is 3.0 inches long, with a tan, reddish-brown, orange-brown, or brown rectangular or elliptical shell.
• Smooth pimpleback historically occurred in the Brazos and Colorado river systems in central Texas and is now known in portions of these rivers. It is 2.5 inches long, with a dark brown to black round shell. While generally smooth, other individuals may have bumps (or pimples). In addition to habitat loss, the Service stated that it will further investigate the consequences of climate change in its status review.
• Texas pimpleback historically occurred in the upper and central Brazos, Colorado, and Guadalupe-San Antonio rivers, and is now known from only two tributaries of the Colorado River and the upper San Marcos River. Its shell is glossy tan to brown, sometimes with green and yellow markings. In addition to habitat loss, the Service found that rare-shell collectors and inadequate protections may threaten this species. The Service will further investigate the effects of climate change in its status review.
• False spike historically occurred in the Brazos, Colorado, and Guadalupe river systems in central Texas and in the Rio Grande system from New Mexico to Mexico, but is now known only from a single tributary to the Guadalupe River (the lower San Marcos River). It is 5.2 inches long, with a tawny brown to black oval or round shell. In addition to habitat loss, the Service stated that it will further investigate the consequences of climate change in its status review.
• Mexican fawnsfoot historically occurred in a large section of the Rio Grande system, including the lower Pecos River near Del Rio, Texas, through the Rio Salado of Nuevo Leon and Tamaulipas, Mexico, but is now known to inhabit only a small section of the lower Rio Grande in Laredo, Texas. It is 1.7 inches long, with a yellow to gray-green elliptical shell. In addition to habitat loss, the Service stated that it will further investigate the consequences of climate change in its status review.
• Texas fawnsfoot historically occurred in the Brazos and Colorado river systems, and is now known from only two populations, one in each of these rivers. It is 2.2 inches long, with a gray-green to dark brown oval shell. In addition to habitat loss, the Service stated that it will further investigate the consequences of climate change in its status review.

For a species to enjoy Endangered Species Act safeguards, it must be added to the list of endangered or threatened species. Most species are placed on the endangered species list as a result of citizen petitions, such as those at issue in Guardians’ lawsuit. However, Mr. Salazar and previous administrations have been chronically late on petition findings, thus stalling and effectively thwarting much-needed protections for imperiled wildlife and plants. The endangered species listing program continues to stagnate nationally, with only 1 new U.S. species in the lower 48 states listed thus far under Secretary Salazar. As a result, nearly 250 species await protection as “candidates” for ESA listing. Some have waited for decades. Some have vanished while waiting.

WildEarth Guardians is a west-wide conservation group dedicated to protecting and restoring wildlife, wild rivers, and wild places. The group is celebrating the International Year of Biodiversity (see here), of which it is a partner. During this year, through the United Nations, “The world is invited to take action in 2010 to safeguard the variety of life on earth: biodiversity.”

For more information, including photos of the mussels and background information email nrosmarino@wildearthguardians.org or call 505-699-7404.