Questions & Answers

Questions and Answers: Proposed critical habitat for rayed bean, sheepnose, snuffbox and spectaclecase mussels

Learn more about the proposed critical habitat for rayed bean, sheepnose, snuffbox and spectaclecase mussels through these questions and answers.

What is critical habitat and what is the purpose of designating critical habitat?

Critical habitat is defined in the Endangered Species Act as an area that contains habitat features that are essential for the survival and recovery of a listed species, and which may require special management considerations or protections.

Critical habitat is a tool to guide federal agencies in fulfilling their conservation responsibilities by requiring them to consult with our agency if their actions may “destroy or adversely modify” critical habitat for listed species. Critical habitat designations help to protect areas necessary to conserve a species, which include occupied areas and may also include unoccupied areas.

When the habitat is occupied by the species, like in the case of these listed mussels, agencies are already taking steps to avoid jeopardizing the species and its habitat. Therefore, little additional conservation effort is usually needed beyond what is already in place. The Service has been consulting on projects funded or authorized by a federal agency in areas of occupied habitat since these species were listed in 2012. The proposed critical habitat consists entirely of occupied habitat and will have minimal impacts for additional consultation needs.

Who is affected by the critical habitat designation?

Critical habitat designations affect only federal agency actions or federally funded or permitted activities. Critical habitat designations do not affect activities by private landowners if there is no federal “nexus” as defined by Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7
of the Endangered Species Act —that is, no federal funding or authorization. Therefore, the proposed designation of critical habitat will have no additional effect on private, local, state, and Tribal lands, unless they are carrying out a project with a federal nexus.

Where is critical habitat being proposed for the rayed bean, sheepnose, snuffbox and spectaclecase mussels?

Rayed bean
The rayed bean is a small mussel, measuring only about 1.5 inches. The rayed bean lives up to 15 years. This species, once found in at least 115 streams, rivers and other waters, now occurs in only 37 streams and one lake in Indiana, Kentucky, Michigan, New York, Ohio, Pennsylvania, Tennessee and West Virginia, along with Ontario, Canada. We are proposing to designate 560 river miles in 15 units as critical habitat for the rayed bean.

Sheepnose
The sheepnose mussel can grow up to 5.5 inches and can live up to 30 years. They once occurred in 79 streams and rivers, including one canal, but are now found in only 22 waterways in Alabama, Illinois, Indiana, Iowa, Kentucky, Minnesota, Mississippi, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and Wisconsin. We are proposing to designate approximately 801 river miles in 11 units as critical habitat for the sheepnose.

Snuffbox
Snuffbox mussels are small, growing to less than 3 inches and living up to 20 years. These mussels once inhabited at least 210 streams, rivers and other waters, but are now known to occur in only 85. Their current range includes Alabama, Arkansas, Illinois, Indiana, Kentucky, Michigan, Minnesota, Missouri, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and Wisconsin, along with Ontario, Canada. We are proposing to designate approximately 2,427 river miles in 38 units as critical habitat for the snuffbox.

Spectaclecase
Spectaclecase mussels can reach 9 inches in length and live for more than 100 years. Once found in 61 rivers and streams, they now inhabit 40 waterways; populations have declined by an estimated 60 percent. They occur in Alabama, Arkansas, Georgia, Illinois, Iowa, Kentucky, Minnesota, Mississippi, Missouri, Ohio, Tennessee, Virginia, West Virginia and Wisconsin. We are proposing to designate approximately 1,143 river miles in 12 units as critical habitat for the spectaclecase.

Does critical habitat designation affect all activities that occur within the designated area?

No. Only activities that involve a federal permit, license, or funding, and are likely to destroy or adversely modify critical habitat will be affected. The consequences of a critical habitat designation are often misunderstood, in part because protection of critical habitat applies only to federal agencies. Under the Endangered Species Act (ESA), the only regulatory effect of a critical habitat designation is that federal agencies must ensure their actions do not destroy or adversely modify critical habitat under section 7 of the ESA. 

How would a critical habitat designation affect private land?

A critical habitat designation does not directly affect private actions on private property. However, actions that use federal money or require a federal permit would require consultation under Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7
of the Endangered Species Act. Our agency consults with the funding or authorizing federal agency to determine if the proposed action would adversely modify critical habitat and provides advice on ways to avoid or minimize impacts. An example of such an action would be the U.S. Department of Agriculture Farm Service Agency enrolling land designated as critical habitat into a conservation reserve program.

Does a critical habitat designation mean an area is considered a wildlife refuge or sanctuary?

No, a critical habitat designation does not affect land ownership or establish a refuge, wilderness, reserve, preserve or other conservation area conservation area
A conservation area or wildlife management area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife. There are 15 conservation areas and nine wildlife management areas in the National Wildlife Refuge System.

Learn more about conservation area

Does a critical habit designation mean that the federal government has access to my land?

No, the presence of a listed species or critical habitat does not give government employees or representative any rights to access private property.

How was the proposed critical habitat selected?

When designating critical habitat, we assess whether the specific areas within the geographical area occupied by the species contain features which are essential to the conservation of the species and which may require special management considerations or protection. We followed the following process for this critical habitat designation:

  1. We identified areas with populations in high condition because these areas are important for maintaining the species’ viability. High condition populations are defined as stable or increasing with a high estimated probability of persistence.
  2. We examined moderate-condition populations, considering the magnitude of threats acting on those populations as well as their adjacency and connectivity to populations in high condition, and included areas that had high potential for recovery and to contribute to the overall viability of the species. Moderate-condition populations are defined as stable or slightly decreasing with a moderate probability of persistence.
  3. We evaluated any remaining populations in a major river basin that may contain unique diversity or habitat and included those areas in the designation.
  4. We looked for areas where the four species overlap with each other or other existing aquatic critical habitat designations and extended the critical habitat designations into those areas that may promote the conservation and recovery of all four species by maintaining the ecological community and existing diversity present within each species. 

How does this critical habitat designation affect lands with existing critical habitat designations or other federally listed species?

Together habitat for the rayed bean, sheepnose, snuffbox, and spectaclecase mussels can be found in 17 states in the central and eastern United States. We are proposing to designate a total of 3,974 miles of occupied habitat, where many of the units for each individual species overlap. Various units overlap partially or entirely with designated or proposed critical habitat for the following aquatic species: federally threatened Big Creek crayfish, longsolid mussel, Ouachita fanshell, rabbitsfoot mussel, round hickorynut mussel, sickle darter, slender chub, St. Francis River crayfish, western fanshell and yellowfin madtom; federally endangered Cumberlandian combshell, diamond darter, fluted kidneyshell, oyster mussel, purple bean, rough rabbitsfoot, and slabside pearlymussel; and the proposed endangered salamander mussel.

Conservation efforts for other listed species or existing critical habitat designations may provide conservation benefits to these four mussel species. For these reasons, incremental effects of the critical habitat designation on the costs of future section 7 consultations are likely to be limited to the additional administrative effort to evaluate the potential for adverse modification of these four mussel species critical habitat.

How can I help freshwater mussels?

You can help conserve mussels by:

  • Reducing fertilizer use 
  • Stabilizing your shoreline or allowing natural vegetation buffers to grow along stream edges
  • Leaving mussels where you find them. Don’t collect mussels
  • Carrying your canoe/kayak over shallow waters to avoid crushing mussels
  • Washing your boat to avoid the spread of invasive species invasive species
    An invasive species is any plant or animal that has spread or been introduced into a new area where they are, or could, cause harm to the environment, economy, or human, animal, or plant health. Their unwelcome presence can destroy ecosystems and cost millions of dollars.

    Learn more about invasive species