WASHINGTON, D.C. – The U.S. Small Business Administration Office of Advocacy (Advocacy) applauds the U.S. Fish and Wildlife Service’s (FWS) final rule to amend the definition of “shellfish” to include cephalopods, providing small fishing businesses simplicity and clarity.
Previous FWS regulations defined 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. As a result, small fishing businesses have lost business opportunities and been subject to unnecessary reporting fees.
“I am encouraged to see that the U.S. Fish and Wildlife Service took into account the concerns of our small fishing businesses by finalizing this rule,” said Everett M. Woodel, Jr., Acting Chief Counsel for Advocacy. “I am hopeful that the updated definition will provide small fishing businesses with the much-needed clarity they need to succeed.”
Advocacy worked with many fishing businesses to help bring attention to the real-world impacts of the confusion caused by the old definition of “shellfish.” One of those businesses, Lund’s Fisheries, explained how the updated FWS definition will help their business.
“On behalf of Lund’s Fisheries, we would like to thank the Trump administration for a solution to a burdensome requirement that will save us time, money and administrative difficulties,” said Wayne Reichle, President of Lund’s Fisheries Inc. in Cape May, New Jersey. “This is a perfect example of numerous federal agencies working in cooperation with the U.S. commercial fishing industry to make our seafood competitive on a global scale and creating thriving business here at home.”
Advocacy submitted a comment letter in support of the FWS’s broadening of the definition of “shellfish” to include cephalopods on April 6, 2026. Advocacy estimates that fixing this regulatory issue could save impacted small businesses at least $2.8 million. The final rule will take effect on July 23, 2026.
The definition of squid is one of the many fishing-related regulations Advocacy has heard about from U.S. small businesses. In March, Advocacy added onboard observer requirements and the designation of marine sanctuaries and national monuments to its “Small Businesses’ Most Wanted Reform” list. In a related development, SBA and Advocacy applauded President Donald J. Trump on June 12 for restoring nearly half a million square miles of U.S. commercial fishing access in three Pacific marine national monuments.
PRESS RELEASE
SBA No. 26-19 ADV
FOR MEDIA INQUIRIES, CONTACT:
Samantha Aschieris, Director of Communications
EMAIL:
Created by Congress in 1976, the Office of Advocacy of the U.S. Small Business Administration is a voice for small business within the federal government. Appointed by the President and confirmed by the U.S. Senate, the Chief Counsel for Advocacy directs the office. The Chief Counsel advances the views, concerns, and interests of small business before Congress, the White House, federal agencies, federal courts, and state policymakers. Economic research, policy analyses, and small business outreach help identify issues of concern. Regional Advocates and an office in Washington, DC, support the Chief Counsel’s efforts. For more information on the Office of Advocacy, visit advocacy.sba.gov or call (202) 205-6533.