US poised to outlaw octopus farming with new bill to boost animal welfare and protect the ocean

26 Jul 2024 --- The US is moving to pass a federal bill to ban commercial octopus farming as well as octopus imports. The move comes amid rising concerns over the environmental, ethical, and public health challenges associated with octopus farming.

Backed by the Aquatic Life Institute (ALI), the bill is hailed as a “watershed” moment in the US in terms of animal protection and welfare. If passed, it will become the first nationwide law to prohibit commercial octopus operations across the country.

The bipartisan legislation follows the introduction of similar bills in various states, including Washington, where HB 1153 was signed into law in March.

The latest bill is called “Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies Act of 2024” or the “Octopus S Act of 2024.”  It prevents commercial octopus aquaculture operations in the US and its exclusive economic zone. 

Protecting aquatic life
The bipartisan legislation also covers the import or the re-exportation of commercially aquacultured octopus, including any living or dead specimens, parts, 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 Lisa Murkowski would preemptively prevent US companies from participating in this brutal practice before it takes root,” says US Senator Sheldon Whitehouse.

“Aquatic Life Institute, along with the 145 organizations from around the globe who are part of our Aquatic Animal Alliance coalition, applaud Senators Whitehouse and Murkowski’s leadership on this matter,” Sophika Kostyniuk, managing director of ALI.

As carnivorous animals, octopuses require marine ingredient-rich diets, exacerbating the pressure on declining wild fish populations.“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.”

“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.”

A watershed moment?
The Octopus Act would preemptively safeguard octopuses from inhumane farming practices and position the US as a global frontrunner in animal welfare and environmental protection. However, it still has to be enacted. 

Some are viewing it as setting a global precedent for octopuses’ welfare.

When Washington governor Jay Inslee signed the state bill into law on March 13, 2024, several NGOs warned that octopuses could never be farmed ethically or sustainably, and more needs to be done around the US, and rest of the world, to eliminate octopus farming. 

Similar bills have been introduced in California and Hawaii.

A wave of similar legislation could be on the horizon in other parts of the world.

Meanwhile, opposition continues against plans for a Canary Islands-based commercial octopus farm with campaigners calling for seafood company Nueva Pescanova to scrap its proposal to build Spain’s first octopus farm on the island of Gran Canaria. 

The Octopus Act would preemptively safeguard octopuses from inhumane farming practices, but still needs to be implemented.Nueva Pecasnova insists its strategy is to maintain biodiversity and protect the ecosystem in line with circular economy commitments. But it faces fierce opposition. 

The Octopus Act is also backed by several NGOs, the Animal Legal Defense Fund, Animal Welfare Institute, the Aquatic Animal Policy Focus Group and the Aquatic Animal Alliance, a coalition of advocates who believe aquatic animals should have lives free of suffering. 

The groups are working with Senator Whitehouse to gather scientific material for “an evidence-based” bill. 

“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 environmental, welfare and public health implications of octopus farming are manifold. 

As carnivorous animals, octopuses require diets rich in marine ingredients, exacerbating the pressure on declining wild fish populations. The overuse of antibiotics in aquaculture has been linked to the emergence of multidrug-resistant bacteria, and the suffering element of octopuses is at the forefront of the legislation. 

Advocates stress that intensive farming and extreme confinement are inherently unsuitable for octopus well-being, leading to stress, aggression and unnatural behaviors such as cannibalism.  Moreover, there are no approved humane slaughter methods for these animals. 

By Gaynor Selby