Proposed Rule2026-04460
Definition of Shellfish; Inclusion of Cephalopods
Primary source
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Published
March 6, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), propose to amend the definition of "shellfish" in the Code of Federal Regulations (CFR) by removing the phrase "having a shell" and adding specific taxa. This amendment would clarify that squid, cuttlefish, octopus, and other cephalopods are included within the regulatory definition of shellfish. This action is deregulatory in nature, as it reduces regulatory ambiguity, aligns the Service's regulations with current biological understanding and commercial practice, reduces regulatory burden and is within the Service's purview to amend definitions as needed.
Full Text
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<title>Federal Register, Volume 91 Issue 44 (Friday, March 6, 2026)</title>
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[Federal Register Volume 91, Number 44 (Friday, March 6, 2026)]
[Proposed Rules]
[Pages 11019-11022]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04460]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 10
[Docket No. FWS-HQ-LE-2026-0628; FXLE12200900000-267-FF09L00000]
RIN 1018-BJ16
Definition of Shellfish; Inclusion of Cephalopods
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
amend the definition of ``shellfish'' in the Code of Federal
Regulations (CFR) by removing the phrase ``having a shell'' and adding
specific taxa. This amendment would clarify that squid, cuttlefish,
octopus, and other cephalopods are included within the regulatory
definition of shellfish. This action is deregulatory in nature, as it
reduces regulatory ambiguity, aligns the Service's regulations with
current biological understanding and commercial practice, reduces
regulatory burden and is within the Service's purview to amend
definitions as needed.
DATES: We will consider comments received or postmarked on or before
April 6, 2026. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date.
To ensure your comment is received and considered, you must submit
it using one of the methods identified in the ADDRESSES section of this
document. Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered.
ADDRESSES: All submissions must include the docket number FWS-HQ-LE-
2026-0628 this document. You must submit comments using one of the
following methods:
(1) Electronic submission: Federal eRulemaking Portal at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-HQ-LE-2026-0628,
which is the docket number for this action. Then click the Search
button. On the resulting page, you may submit a comment by clicking on
``Comment.'' Please ensure that you have found the correct document
before submitting your comments.
(2) U.S. mail: Public Comments Processing, Attn: Docket No. FWS-HQ-
LE-;2026-0628, Policy and Regulations Branch, U.S. Fish and Wildlife
Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-
3803.
Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered. We will not accept comments via email, fax, or hand
delivery. We are not required to consider comments that are submitted
after the comment period ends or that are submitted via a method
outside of these instructions. Comments containing profanity,
vulgarity, threats, or other inappropriate content will not be
considered.
[[Page 11020]]
We will post all comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may
request that we withhold personal identifying information from public
review; however, we cannot guarantee that we will be able to do so. See
Public Comments, below, for more information.
FOR FURTHER INFORMATION CONTACT: Douglas R. Ault, Assistant Director,
Office of Law Enforcement, U.S. Fish and Wildlife Service, (703) 358-
1949. Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States. For a summary of the proposed rule, please see the
proposed rule summary document in Docket No. FWS-HQ-;LE-2026-0628 on
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION:
Public Comments
We are opening a 30-day comment period for this proposed rule. We
intend that any final action resulting from this proposed rule will be
as accurate and effective as possible. The Service invites interested
persons to submit written data, views, or arguments on all aspects of
this proposed rule. To effectively respond to comments, we recommend
that comments include the following: a reference to a specific portion
of the proposed rule, an explanation of the reason for any recommended
change, and the inclusion of data, information, or authority that
support that recommended change.
Because we will consider all comments and information we receive
during the comment period, our final determination may differ from this
proposal.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We will not accept
comments you send by email or fax or that you send to an address not
listed in ADDRESSES. We will not consider mailed comments that are not
postmarked by the date specified in DATES.
We will post your entire comment--including your personal
identifying information--on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you provide
personal identifying information in a hard-copy comment, you may
request at the top of your document that we withhold this information
from public review. However, we cannot guarantee that we will be able
to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in
Docket No. FWS-HQ-;LE-2026-0628.
Background
The regulations in 50 CFR part 10 establish definitions applicable
throughout Subchapter B of title 50 governing wildlife and wildlife
products under the jurisdiction of the Service. Section 10.12 defines
``shellfish'' as an aquatic invertebrate having a shell. This
formulation reflects historical terminology rather than contemporary
biological classification or modern commercial use.
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 under 50 CFR parts 10, 14, and
related provisions.
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.
Proposed Rulemaking
The purpose of this proposed rule is to modernize and clarify the
definition of ``shellfish'' by removing an outdated morphological
qualifier (``having a shell'') that no longer reflects biological
taxonomy or regulatory. By doing so, the Service intends to reduce
regulatory uncertainty and compliance costs for the seafood trade,
improve consistency in inspection and enforcement decisions, avoid
unnecessary permitting or documentation requirements resulting from
misclassification, and ensure that Service regulations reflect current
scientific understanding of molluscan biology.
The Service reviewed 50 CFR parts 14 and 17, as well as other
related provisions, to evaluate whether conforming regulatory
amendments are warranted in connection with this proposed revision to
the definition of ``shellfish'' in Sec. 10.12. Based on this review,
the Service has determined that no conforming amendments are necessary.
The proposed amendment clarifies an existing definition and parts 14
and 17 remain fully operative and consistent with this amendment
without further regulatory modification.
Deregulatory Effects
This action is deregulatory because it eliminates ambiguity that
can trigger unnecessary regulatory requirements. Under the existing
definition, cephalopods may be incorrectly treated as non-shellfish
wildlife, potentially subjecting regulated parties to additional
declaration, permitting, or enforcement scrutiny not intended for
commercially traded seafood products. By clarifying that cephalopods
are included within the definition of shellfish, this rule reduces the
likelihood that routine trade in squid, cuttlefish, octopus, and
related products will be subject to inconsistent or duplicative
regulatory treatment. The rule does not impose any new compliance
obligations, reporting requirements, or restrictions on trade.
Proposed Regulation Promotes Regulatory Efficiency
Clear and biologically accurate definitions reduce the need for
case-by-case interpretation by both the regulated community and the
Service. Removing the phrase ``having a shell'' avoids disputes over
anatomical characteristics that are irrelevant to regulatory intent and
enforcement, thereby promoting efficient use of agency resources and
reducing unnecessary compliance costs.
Required Determinations
Executive Orders 12866 and 13563 (Regulatory Planning and Review)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB)
will review all significant rules. OIRA has determined that this
proposed rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
E.O. 13563 directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives. E.O. 13563 emphasizes further that
regulations must be based on the best available science and that the
rulemaking process must allow for public participation and an open
exchange of ideas. We have developed
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this proposed rule in a manner consistent with these requirements.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency must publish a notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effects of the rule on small entities (i.e., small
businesses, small organizations, and small government jurisdictions).
Pursuant to 5 U.S.C. 605(b), the Service hereby certifies that the
proposed rule, if adopted, would not have a significant economic impact
on a substantial number of small entities. Accordingly, an initial
Regulatory Flexibility Analysis is not required. This proposed rule
clarifies a regulatory definition and reduces compliance obligations
that should result in a cost savings for small businesses. This
proposed rule does not establish new compliance requirements, reporting
obligations, or performance standards for small entities, including
small businesses, small nonprofit organizations, or small governmental
jurisdictions as defined in 5 U.S.C. 601.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act, we have
determined the following:
a. A Small Government Agency Plan is not required. We are the lead
agency for carrying out regulations that govern and monitor the
importation and exportation of wildlife and for carrying out U.S.
obligations under CITES. No small government assistance or impact is
expected as a result of this proposed rule. Therefore, this proposed
rule has no effect on small governments or their responsibilities.
b. This proposed rule will not produce a Federal requirement that
may result in the combined expenditure by State, local, or Tribal
governments of $100 million or greater in any year, so it is not a
significant regulatory action under the Unfunded Mandates Reform Act.
This proposed rule will not result in any combined expenditure by
State, local, or Tribal governments.
E.O. 12630 (Takings)
Under E.O. 12630, this proposed rule does not have significant
takings implications. This proposed rule does not affect any
constitutionally protected property rights. It will not result in the
physical occupancy of property, the physical invasion of property, or
the regulatory taking of any property. A takings implication assessment
is not required. The purpose of this proposed rule is to clarify and
streamline the requirements and processes related to the import and
export of wildlife at U.S. ports and borders. Therefore, this proposed
rule does not have significant takings implications.
E.O. 13132 (Federalism)
Under E.O. 13132, this proposed rule does not have significant
federalism effects. A federalism summary impact statement is not
required. This proposed rule will not have a substantial direct effect
on the States, on the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government.
Civil Justice Reform--E.O. 12988
In accordance with E.O. 12988 (Civil Justice Reform), this rule
does not unduly burden the judicial system and meets the requirements
of sections 3(a) and 3(b)(2) of the Order. Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(``Government-to-Government Relations With Native American Tribal
Governments;'' 59 FR 22951, May 4, 1994), E.O. 13175 (``Consultation
and Coordination with Indian Tribal Governments''), the President's
memorandum of November 30, 2022 (``Uniform Standards for Tribal
Consultation;'' 87 FR 74479, December 5, 2022), and the Department of
the Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with federally recognized
Tribes and Alaska Native Corporations on a government-to-government
basis. In accordance with S.O. 3206 of June 5, 1997 (``American Indian
Tribal Rights, Federal-Tribal Trust Responsibilities, and the
Endangered Species Act''), we readily acknowledge our responsibilities
to work directly with Tribes in developing programs for healthy
ecosystems, to acknowledge that Tribal lands are not subject to the
same controls as Federal public lands, to remain sensitive to Indian
culture, and to make information available to Tribes.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This proposed rule does not contain any new collection of
information that requires approval by the OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
This proposed rule is being analyzed under the criteria of the
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.),
Department of the Interior (DOI) regulations at 43 CFR 46.210, and the
DOI Handbook of National Environmental Policy Act Implementing
Procedures (516 DM 1). We have yet to determine whether environmental
assessments and environmental impact statements, as defined under the
authority of NEPA, need to be prepared in connection with this
rulemaking action.
We are continuing to consider the extent to which our proposed
regulation changes may have a significant effect on the human
environment or fall within one of the categorical exclusions for
actions that have no individual or cumulative significant effect on the
quality of the human environment. We invite the public to comment on
these or any other aspects of the NEPA analysis of these revisions. We
will complete our analysis in accordance with NEPA and applicable
regulations before finalizing this proposed rule.
E.O. 13211 (Energy Supply, Distribution, or Use)
On May 18, 2001, the President issued E.O.13211 on regulations that
significantly affect energy supply, distribution, and use. E.O.13211
requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. This proposed rule is not expected to
significantly affect energy supplies, distribution, or use. Therefore,
this action is not a significant energy action, and no Statement of
Energy Effects is required.
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
[[Page 11022]]
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
List of Subjects in 50 CFR Part 10
Exports, Fish, Imports, Law enforcement, Plants, Transportation,
Wildlife.
Proposed Regulation Promulgation
For the reasons set forth in the preamble, we propose to amend part
10, subchapter B of chapter 1, title 50 of the Code of Federal
Regulations as follows:
PART 10--GENERAL PROVISIONS
0
1. The authority citation for part 10 continues to read as follows:
Authority: 16 U.S.C. 668a-d, 703-712, 742a-j-l, 1361-1384,
1401-1407, 1531-1543, 3371-3378; 18 U.S.C. 42; 19 U.S.C. 1202.
Subpart B--Definitions
0
2. Amend Sec. 10.12 by revising the definition of ``Shellfish'' to
read as follows:
Sec. 10.12 Definitions.
* * * * *
Shellfish means an aquatic invertebrate animal of the following
taxa:
(1) Mollusca, including but not limited to an oysters, clams,
squid, octopus, or cuttlefish; and
(2) Order Decapoda, including, but not limited to a lobsters,
crabs, crayfish, shrimp or other crustaceans; and
(3) Any part, product, egg or offspring thereof, or the dead body
or parts thereof (excluding fossils), of any species included in
paragraphs (1)-(2) of this definition, whether or not included in a
manufactured product or in a processed food product.
* * * * *
Kevin Lilly,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Delegated Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2026-04460 Filed 3-5-26; 8:45 am]
BILLING CODE 4333-15-P
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