What: On March 6, 2026, the U.S. Fish and Wildlife Service proposed to amend the definition of “shellfish” by removing the phrase “having a shell” and including additional species.
Why: Currently, FWS defines “shellfish” as an aquatic invertebrate having a shell. Cephalopods, including squid, cuttlefish, octopus, and nautilus, are mollusks but are characterized by either an internal shell, a reduced shell, or no shell at all. As a result, the current regulatory definition has created ambiguity as to whether cephalopods qualify as shellfish for purposes of wildlife importation, exportation, declaration, inspection, and enforcement.
In practice, this ambiguity has led to inconsistent treatment of mollusks and mollusk products at ports of entry, confusion among regulated entities, and unnecessary regulatory burden on importers, exporters, and enforcement personnel.
The Office of Advocacy noted in October 2025 that this regulatory uncertainty caused unnecessary costs for small businesses in the fishing industry.
The proposed rule seeks to modernize and clarify the definition of “shellfish.” By doing so, the FWS aims to reduce regulatory uncertainty and compliance costs for the seafood industry, enhance consistency in inspection and enforcement decisions, and prevent unnecessary permitting or documentation requirements caused by misclassification.
Action:
Review Advocacy’s 2025 letter, which requests clarity on the definition of “shellfish.”
Read the proposed rule and submit comments before the April 6, 2026, deadline.
ADVOCACY’S OCTOBER 2025 COMMENT LETTER:
Recommendations for Restoring American Seafood Competitiveness
PROPOSED RULE:
Definition of Shellfish; Inclusion of Cephalopods
CONTACT:
Nick Goldstein
EMAIL:
Regulatory Alerts
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.