Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies Act Introduced in the U.S. Senate

Contact: media@aldf.org

WASHINGTON, D.C. — Today, the Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies (OCTOPUS) Act, which would ban commercial octopus farming in the U.S. and prohibit imports of farmed octopus from foreign countries, was introduced in the U.S. Senate by Sen. Sheldon Whitehouse (D-RI) and Sen. Lisa Murkowski (R-AK). The OCTOPUS Act would proactively protect octopuses from inhumane farming conditions before the industry has an opportunity to develop in the U.S.  

As outlined in the bill, the OCTOPUS Act would:  

• Prohibit commercial octopus aquaculture operations in the U.S.  

• Prohibit the import of commercially farmed octopus or products containing commercially farmed octopus and impose fines for violations. 

• Require importers to certify that they are not importing farmed octopus.  

• Require the National Oceanic and Atmospheric Administration (NOAA) to collect data on octopus harvest methods in trade programs under its jurisdiction. 

Octopuses have significant cognitive abilities and can learn new skills, navigate complex mazes, are known escape artists, and even use tools. Due to their complex mental abilities, octopuses have high enrichment needs that simply cannot be met in farming environments. Intensively confining these highly intelligent, solitary animals in unnatural farming conditions is inhumane, as there is a high likelihood of stress, aggressive activity, and high mortality among octopuses in these settings. Methods of slaughtering octopuses have historically been highly inhumane, including clubbing, slicing, asphyxiation, and chilling. 

“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.” 

“Octopuses are among the most intelligent creatures in the oceans.  And they belong at sea, not suffering on a factory farm,” said Whitehouse. “My bipartisan bill with Senator Murkowski would preemptively prevent U.S. companies from participating in this brutal practice before it takes root.” 
 
“The OCTOPUS Act proactively protects Alaska’s marine ecosystems and supports wild harvest opportunities for Alaska’s fishermen, and I’m glad to join Senator Whitehouse in this effort,” said Murkowski. “As Alaska fishermen continue to navigate dire circumstances in the global market, I will continue to advocate for the most sustainable, wild-caught fisheries in the world.”

In addition to concerns for the welfare of the animals, octopus farming could have problematic environmental consequences. Aquaculture facilities for octopuses could pose an increased risk of nitrogen and phosphorus runoff, contributing to environmental pollution and potential algal blooms that create low-oxygen dead zones devoid of life, disrupting marine ecosystems. Antibiotics and pesticides may also be used to control the spread of disease and presence of parasites — as they already are with sea lice in salmon farms — and these can end up in the diets of wild fish, making them sick and disrupting food chains.  

On the state level, similar legislation was passed into law in Washington state (H.B. 1153) and has been introduced in Hawaii (H.B. 2262) and California (A.B. 3162).