What: On June 23, 2026, the U.S. Fish and Wildlife Service (FWS) issued a final rule amending the definition of “shellfish” by removing the phrase “having a shell” and including additional species.
Why: Previously, FWS had defined “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 regulatory definition 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 of 2025 that this regulatory uncertainty caused unnecessary costs for small businesses in the fishing industry. Advocacy also supported the FWS’s amended definition of “shellfish” earlier this year.
The final rule reduces regulatory uncertainty and compliance costs for the seafood trade, improves consistency in inspection and enforcement decisions, and avoids unnecessary permitting or documentation requirements resulting from misclassification.
Action: Read the final rule amending the definition of “shellfish,” which is effective July 23, 2026.
FINAL RULE:
Definition of Shellfish; Inclusion of Cephalopods
2025 COMMENT LETTER:
Recommendations for Restoring American Seafood Competitiveness (PDF)
2026 LETTER OF SUPPORT:
Advocacy Supports FWS Rule Classifying Squid as Shellfish
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
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