FEDERAL BILL TO BAN OCTOPUS FARMING AND COMMERCIAL IMPORTS INTRODUCED

Federal bill to ban octopus farming and commercial imports introduced. The ground-breaking bill is poised to become the first country-wide law that will ban commercial octopus aquaculture operations.

A new federal bill to prevent the commercial farming of octopuses, as well as the importation and sale of commercially farmed octopuses, has been introduced by U.S. Senators Sheldon Whitehouse (D-RI) and Lisa Murkowski (R-AK).  The bipartisan legislation follows the introduction of similar bills in various states, including HB 1153 in Washington state, which was signed into law by Governor Jay Inslee this March. Aquatic Life Institute, which played a central role in supporting each of the legislations, believes that the introduction of this federal bill signifies a watershed moment in protecting against the environmental, ethical, and public health challenges associated with octopus farming.

The bill, referred to as “Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies Act of 2024” or the “OCTOPUS Act of 2024,” prohibits any authorization of commercial octopus aquaculture operations in the United States and its exclusive economic zone. The bill also prohibits the importation into the United States – or the re-exportation – of commercially farmed octopus, including any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives of such octopus.

“Octopuses are among the most intelligent creatures in the oceans.  And they belong at sea, not suffering on a factory farm.  My bipartisan bill with Senator Murkowski would pre-emptively prevent U.S. companies from participating in this brutal practice before it takes root,” said Senator Whitehouse.

If enacted, the OCTOPUS Act would pre-emptively safeguard octopuses from inhumane farming practices and position the U.S. as a global frontrunner in animal welfare and environmental protection.

“Aquatic Life Institute, along with the 145 organisations from around the globe who are part of our Aquatic Animal Alliance coalition, applaud Senators Whitehouse and Murkowski’s leadership on this matter. Octopuses are symbolic of the intelligent, charismatic, and curious natures of aquatic animals. They have become relatable to people around the world through compelling documentaries like My Octopus Teacher,” said Sophika Kostyniuk, Managing Director of Aquatic Life Institute. “As the global 2030 climate deadline begins to loom over us, an agreed upon timeline by which significant positive change must begin to occur to ensure that we live sustainably into the future, we need to be far more mindful of our food choices and move away from harmful and unsustainable initiatives, like farming new carnivorous species. “

This bill as well as other recent legislative progress follows the advocacy efforts of several NGOs, including  Aquatic Life Institute, Animal Legal Defense Fund, Animal Welfare Institute, and more. Aquatic Life Institute (ALI), with the support of the Aquatic Animal Policy Focus Group (AAP) as well as over 140 organisations in the Aquatic Animal Alliance (AAA), has actively supported this bill via conversations with Senator Whitehouse and sending the scientific material essential to craft the bill in an evidence-based manner.

“Scientists have proven octopuses are complex, intelligent creatures who can feel a full range of emotions. Instead of exploiting them, we must protect this dynamic species who suffer terribly in confined settings,” says Animal Legal Defense Fund Legislative Affairs Manager Allison Ludtke. “The Animal Legal Defense Fund applauds Sen. Whitehouse and Sen. Murkowski for taking the first step to ensure the United States sets a global precedent for octopuses’ welfare.”

The environmental, welfare, and public health implications of octopus farming are manifold. These carnivorous animals require diets rich in marine ingredients, exacerbating the pressure on already declining wild fish populations and undermining global sustainable development goals. The overuse of antibiotics in aquaculture has been linked to the emergence of multidrug-resistant bacteria, with potential spill-over effects into human populations. As widely documented, octopuses are highly intelligent and complex animals that suffer greatly in captivity due to their solitary and inquisitive nature. Several scientists have raised significant concerns about the practice of octopus farming, as conditions of intensive farming and extreme confinement are inherently unsuitable for their well-being, leading to stress, aggression, and unnatural behaviours such as cannibalism.  Furthermore, there are no approved humane slaughter methods for these animals. For additional research and information, please refer to ALI’s campaign page.

This significant legislation amplifies the message that the time to act, and the time to protect our environment, is now.  As noted, the federal bill is preceded by related proposed legislative initiatives in three states, including the new Washington state law that bans octopus farming, Bill HB 2262 in Hawaii, an effort led by Animal Rights Initiative, Animal Legal Defense Fund, and the support of ALI; and A.B. 3162, has been introduced in California and is co-sponsored by Animal Legal Defense Fund and Social Compassion in Legislation, with behind the scenes support by ALI and AAA.

For background, Aquatic Life Institute implements a global campaign that aims to increase public and legislative pressure to achieve a regulatory ban on the practice of octopus farming and reduce future chances of these farms being created in other jurisdictions around the world. Additionally, the organisation works with corporations on procurement policies banning the purchase of farmed octopus. Through Aquatic Life Institute’s ongoing work with global seafood certification schemes to ensure all seafood production prioritises high-welfare practices, RSPCA and Friend of the Sea agreed to produce the first statements prohibiting the certification of any form of octopus/cephalopod farming. Both have recognised the necessity of banning octopus farming before it starts, acknowledging that it is impossible to guarantee high welfare conditions for this species due to its behavioural needs, sentience, and carnivorous diet.