The U.S. Fish and Wildlife Service (FWS) has recently informed the trade community that import permit and clearance requirements pertaining to shellfish and fishery products will be strictly enforced. Specifically, for non-exempt shellfish and fishery products, FWS will require that importers and exporters have a permit on file and submit a FWS declaration at time of importation/exportation.
FWS defines "shellfish" and "fishery product" as follows:
Shellfish: An aquatic invertebrate, having a shell, within the phylum Mollusca and subphylum Crustacea, and includes any part, product, egg, or offspring whether or not included in a manufactured product or in a processed food product. The definition of shellfish does not include mollusks or crustaceans without a shell or any other aquatic invertebrate. Common edible shellfish include oyster, clam, mussel, scallop, cockle, abalone, conch, whelk, marine snail, lobster, crayfish and prawn.
Fishery Product: A non-living fish or one of the following classes: Cyclostomata, Elasmobranchii and Pisces; and includes any part, product, egg, or offspring whether or not included in a manufactured product or a processed product.
FWS has exempted shipments of shellfish and fishery products from import permit and clearance requirements and payment of FWS user fees, if imported or exported for direct human or animal consumption and if no permits are required under 50 CFR parts 16, 17, or 23. Certain domesticated species not taken from the wild, if not further covered by any other laws have also been exempted.
Important: FWS has stated that the exemption granted to shellfish and fishery products does not apply to aquatic invertebrates and other animals that may be imported or exported for human or animal consumption, but do not meet the definition of shellfish or fishery products such as squid, octopus, cuttlefish, land snails (escargot), sea urchins, sea cucumbers, frogs, or alligator. Furthermore, giant clams (Tridacnidae Family), Queen conch (Strombus gigas), mitten crabs (genus Eriocheir), and zebra mussels (Dreissena polymorpha) are also not exempted as they are subject to requirements under 50 CFR parts 16 and 23. Shipments of these products are subject to FWS import license requirements, FWS clearance at time of entry, and payment of FWS user fees.
Federal Fish and Wildlife Permit
Importers and exporters of non-exempted shellfish and fishery products may apply for a Federal Fish and Wildlife Permit by submitting a completed Form 3-200-3 (Federal Fish and Wildlife Permit Application Form) at the following FWS regional permit office (covering California, Guam, Hawaii, Idaho, Nevada, Oregon, & Washington):
