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Importing & Exporting Shellfish, Fish, & Fishery Products
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Does the U.S. Fish and Wildlife Service regulate the import and export
of shellfish, fish, and fishery products?
Yes. We regulate the
trade of shellfish, fish, and fishery products under the wildlife
laws we enforce. However, we exempt some shellfish
and non-living fishery products from our basic import/export requirements.
We also have exemptions for pearls and certain sport-caught fish.
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When are shellfish and fishery products exempt from Service import/export
requirements?
Imports and exports of certain shellfish and non-living
fishery products are exempt from Service requirements if they are
intended for sale to the public as a food item for human or animal
consumption and the species is not listed as injurious (
50
CFR Part 16
) or endangered or threatened (
50
CFR Part 17
), or protected under the Convention on International Trade in Endangered
Species (CITES) ( 50
CFR 23
).
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How does the Service define shellfish?
Shellfish are all species
of oyster, clam, mussel, or scallop (Class Pelecypoda) or shrimp, crab,
or lobster (Class Crustacea) that are live, shucked, or in the shell,
fresh or frozen, whole or in part.
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How does the Service define fishery product?
A fishery product is any
dead fish or part of a dead fish (Class Osteichthyes, bony fishes
or Class Chondrichthyes, sharks, skates, and rays) or any product
of a fish, including their eggs. Frogs or other aquatic animals are
not fishery products. Fishery products do not include live fish of
any kind.
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Are live fish and shellfish exempt from Service requirements
if they are intended for human or animal consumption?
No. Exemptions
do not apply to the import of live fish for human consumption or live
fish for bait purposes. Exemptions do not include live fish eggs and
fingerlings, or shellfish delivered to a “grow out” or
rearing facility. These shipments must be declared to, and cleared
by, the Service and commercial importers/exporters must have an import/export
license and pay all associated fees.
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What are some examples of shellfish
that are not exempt?
Species such as queen conch ( Strombus gigas) and giant clams
(Family Tridacnidae) are protected under CITES
and thus do not qualify for the exemption for shellfish. Other examples include
certain mussels originating in U.S. rivers that are listed under the Endangered
Species Act and two types of shellfish – mitten crabs (
genus Eriocheir
) and zebra mussels ( Dreissena polymorpha) – that
are banned as injurious. All of these shellfish require permits and would
be subject to Service import/export requirements.
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Are pearls exempt from Service import/export requirements?
Yes. Pearls are exempt
from Service requirements unless they come from shellfish protected
under CITES or listed as endangered or threatened.
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What are some examples of fishery products that are not exempt?
Imports or exports of any sturgeon or paddlefish product, including meat,
caviar, and cosmetics made from sturgeon eggs, do not qualify
for the exemption for fishery products because all sturgeon and paddlefish
species (Order Acipenserformes) are protected under CITES. Other
examples of non-exempt fishery products include dead uneviscerated salmon,
trout and char and live fertilized eggs from these salmonid fish – imports
for which special requirements exist under our injurious species
regulations.
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Are there any exemptions for sport-caught fish?
Yes. Recreationally
caught fish or shellfish taken in U.S., Canadian, or Mexican waters
or on the high seas are exempt from Service import/export requirements,
unless the species involved is injurious, endangered or threatened,
or protected under CITES. Examples include such popular “big
game” deep sea fish as marlin and dolphin fish imported as trophies.
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What Service import/export requirements are waived if my shipment meets
the criteria for exemption?
If your import or export is exempt, you do NOT need to:
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Are there any allowances for exports of farm-raised fish and fish
eggs?
Yes. Live farm-raised fish and farm-raised fish eggs that
meet our definition of “bred in captivity” (50 CFR 17.3)
and that do not require a permit under our regulations as endangered
or threatened (50 CFR 17) or under CITES (50 CFR 23) may be exported
from any
U.S. Customs port.
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Can a Service officer still look at my shipment?
Yes. The Service
has the legal authority to detain and inspect any wildlife imported
or exported into the United States, even if we have exempted the shipment
from our import/export requirements.
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Contact:
U.S. Fish and Wildlife Service
Office of Law Enforcement
Phone: 703-358-1949
Fax: 703-358-2271
E-mail: R9LE_WWW@fws.gov
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