Threatened and Endangered Mussels

            The United States Department of Interior Fish and Wildlife Service recently sent a letter reminding recipients that there are four endangered fresh water mussel species in West Virginia waters - the rayed bean, snuffbox, sheepnose and spectaclecase mussels.  Attached to the letter is a map indicating the general location of threatened and endangered species in the state.

The letter appears to be a general information letter that was sent to those involved in the Marcellus Shale gas industry, to remind them that their activities can affect the mussels by causing sedimentation that can smother the mussels, and by withdrawing excessive amounts of water from small streams.  The letter contains a reminder that actions that adversely affectmussels may constitute the take, harassment or harm of a species, and can result in violation of the Endangered Species Act (ESA).

            The letter is particularly useful for the map which shows the distribution of federally listed threatened and endangered species in West Virginia.  It also presents a clear explanation of what the ESA requires, and possible penalties for failure to comply.  It is similar to an effort started last year by the US Army Corps of Engineers to make companies working in the Marcellus Shale aware of the requirements of Section 404 of the Clean Water Act.  Section 404 permits are required for activities that fill wetlands, and the Corps was concerned about pad and pipeline construction that did not comply with the Section 404 Nationwide Permits.