U.S. Fish and Wildlife Service Regulation of Squid Exports

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

Industry Comments

Related Resources

Recreational Measures Setting Process Framework/Addenda

This joint MAFMC-ASMFC action will consider an improved process for setting recreational management measures for summer flounder, scup, black sea bass, and bluefish. This is a follow-on action to the Harvest Control Rule Framework/Addenda.

Black Sea Bass Commercial State Allocation Amendment (Amendment 23)

This joint Council amendment and Atlantic States Marine Fisheries Commission Addendum proposes several changes to the management program for black sea bass commercial fisheries. The Council and Commission took final action in August 2021. The Commission’s Addendum XXXIII measures are final for state waters (0-3 miles from shore) and became effective January 1, 2022. The Council’s amendment is pending implementation.

Omnibus Essential Fish Habitat Amendment

This action will concurrently conduct the 5-year EFH review required under the Magnuson Stevens Act while amending fishery management plans for the Council, as needed.

Recreational Summer Flounder Management Strategy Evaluation

The Council is conducting a management strategy evaluation (MSE) which will evaluate different management strategies designed to minimize discards in the recreational summer flounder fishery. Development of this MSE is part of the continued implementation of the Council’s Ecosystem Approach to Fisheries Management (EAFM) structured framework process.

Illex Quota Working Group

The Illex Working Group will address two closely related problems. The first is to develop an approach for in-year quota adjustments. The second is to lay the basis for a benchmark stock assessment (Research Track) in 2021. Each task will require involvement of scientists, industry, and managers. Both tasks are focused on the challenge of identifying appropriate catch limits for a dynamic, short-lived species whose survival, growth and abundance on the US shelf are driven by a complex interplay of environmental conditions.