Endangered Species Law & Policy

On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat for the species (Proposed Rule). The freshwater mussel is found in rivers and streams in both Kentucky and Tennessee. Historically, the species was found in thirteen river basins in southern Kentucky and northern Tennessee, but it has been extirpated from four of those basins.

The Proposed Rule identifies water quality degradation, urbanization, changing climate conditions, and the introduction of the non-native Asian clam as posing significant risks to the Kentucky creekshell and its habitat. The Service also notes that mussel populations as a whole have been experiencing enigmatic declines since the 1960s.

Due to the substantial decrease in suitable habitat for the Kentucky creekshell, the Service proposes to designate 544.6 river miles in Kentucky and Tennessee as critical habitat. Critical habitat is proposed to include stream channels up to bankfull height within the following areas: (1) Green River; (2) Barren River; (3) Gasper River; (4) Drake’s Creek’ (5) Trammel Creek; (6) Salt Lick Creek; (7) Russell Creek; (8) Middle Nolin River; (9) Upper Nolin River; and (10) Rough River.

The Service will accept comments on the Proposed Rule until November 18, 2024. The Proposed Rule and supporting documents are available on the Federal Register and at www.regulations.gov under Docket No. FWS-R4-ES-2024-0065.