On March 6, 2026, the U.S. Fish and Wildlife Service (FWS) proposed to amend the definition of “shellfish” to include cephalopods.
Currently, FWS regulations define shellfish as “an aquatic invertebrate having a shell.” However, cephalopods, including squid, cuttlefish, and octopus, have internal shells, reduced shells, or no shells at all. This has caused confusion over whether cephalopods qualify as shellfish for purposes of federal import/export, declaration, inspection, and enforcement regulations.
The FWS acknowledges that this confusion has led to inconsistent treatment of cephalopods at ports of entry, “confusion among regulated entities,” and “unnecessary regulatory burden on importers, exporters, and enforcement personnel.” The National Marine Fisheries Service (NMFS), which also regulates commercial fishermen, has already stated that cephalopods are shellfish. By aligning with the NMFS definition, the FWS will prevent fishermen from having to undergo two different regulatory procedures for the same cephalopod.
Advocacy broadly supports the FWS’s broadening of the definition of “shellfish” to include cephalopods. The FWS proposal specifically enacts one of the regulatory reforms raised by fishermen to Advocacy in 2025 and will benefit the entire seafood industry.
COMMENT LETTER:
Definition of Shellfish; Inclusion of Cephalopods, Docket No. FWS-HQ-LE-2026-0628
(PDF, 208 KB)