Background
Under the authority of the Endangered Species Act (ESA), the U.S. Fish and Wildlife Service (USFWS) regulates the import and export of wildlife. This is carried out through the licensing of importers and exporters, inspection of shipments, and charging and retaining fees for processing applications and performing inspections. The ESA provides an exemption from these import/export requirements for “shellfish and fishery products.” This exemption, which is reflected in the USFWS regulations found at 50 CFR Part 14, currently applies to the vast majority of domestic fisheries, but it does not apply to the three commercially harvested U.S. squid fisheries (Atlantic longfin squid, Atlantic Illex squid, and California market squid). While these fisheries meet all of the criteria described above, the USFWS has concluded that squid are neither shellfish, as defined at 50 CFR § 10.12, nor fishery products.
Participants in the commercial squid fisheries have reported that USFWS licensing and inspection requirements are redundant, time-consuming, and costly (see “Industry Comments” below). In 2020, the Mid-Atlantic Council identified USFWS regulation of squid exports as a top priority in its response to Executive Order 13921 on Promoting American Seafood Competitiveness and Economic Growth. Specifically, the Council recommended that squid be reclassified as either “shellfish” or “fishery products” and therefore exempt from the USFWS inspection and user fee system. The Council has reiterated this recommendation in subsequent communications with Department of Interior, National Marine Fisheries Service, and USFWS officials (see “Council Correspondence” links below).
Key Documents
Council Reports and Correspondence
MAFMC Staff Memo: Background on USFWS Regulation of Squid Exports, October 2020 Council Meeting, 9/30/20
MAFMC Letter to Secretary of Interior David Bernhardt, 12/21/2020
MAFMC Email to Paul Doremus (NMFS), 5/20/22
MAFMC Email to Edward Grace (Assistant Director, USFWS Office of Law Enforcement), 3/12/24
MAFMC Staff Memo: Update on USFWS Regulation of Squid Exports, 3/28/24