Fatmucket Mussel could disrupt Texas development due to new designation

HAYS COUNTY (KXAN) -- A new addition to the federal Endangered Species List could cause delays for Central Texas developments along the Pedernales River.

The Texas Fatmucket Mussel was added to the list on July 5, 2024.

The small creature lives within the Hill Country's Colorado River basin, including the Pedernales, according to U.S. Fish and Wildlife.

Changes in its environment led to petitions for its addition back in 2008.

Many developers have built or are planning to build in the Mussel's habitat, including Mirasol Springs. The "conservation-scale" development is planned to be built along the banks of the Pedernales in western Travis County and eastern Hays County.

"The listing of the Fatmucket could impact developers in a couple of ways," said Victoria Rose, staff attorney with the Save Our Springs Alliance.

The Save Our Springs Alliance led the charge in adding the Barton Springs Salamander to the Endangered Species List. "That has helped put into place different water quality protection measures and water quantity protection measures," Rose said.

Federal protections for endangered species

According to a representative with U.S. Fish and Wildlife:

"Any activities resulting in "take" of the listed mussels, (meaning “… harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct), would require a permit under Section 7 or Section 10 of the Endangered Species Act."

The agency told us that they will work with developers to help develop a conservation plan and protect the species.

Fatmucket's impact on Mirasol Spring

According to Rose, the location of Mirasol Springs on the Pederanles River will force it to take some extra steps due to the Fatmucket.

Mirasol Springs is being built right off of Hamilton Pool Rd. The developers said they plan to set a gold standard for other developers when it comes to conservation. They've taken extensive action to ensure they limit damage to the surrounding environment and local springs.

Local landowners have pushed back. They say that the amount of water the development is planning to take from the ground and the Pedernales is not sustainable.

Both the landowners and representatives with Mirasol Capital, the group behind the development, declined to comment on this story due to ongoing litigation.

"The Mirasol developers will now want to become familiar with those impacts on the mussels and think about how they can mitigate it," Rose said.

One action they can take is called a Habitat Conservation Plan. This plan would be submitted to U.S. Fish and Wildlife. If approved, the developers could be issued an incidental take permit.

"(With the permit) they could go ahead and carry out their development activities without harming the species," Rose said.

Oil and Gas and Endangered Species

The Texas Fatmucket isn't the only species that was added to the Endangered Species List. The Dunes Sagebrush Lizard was put on the list in May.

This week, Texas Attorney General Ken Paxton threaten to sue the federal government over the lizard's addition. Paxton said that it's addition to the list was based on "flawed assumptions" about oil and gas' role in climate change.

Paxton is giving President Biden 60 days to remove the species from the list. If it is not removed, he plans to file a lawsuit against the administration.