Washington, DC – U.S. Senators Sheldon Whitehouse (D-RI) and Lisa Murkowski (R-AK), founders and co-chairs of the bipartisan Senate Oceans Caucus, today introduced the Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies (OCTOPUS) Act. The bipartisan legislation would ban commercial octopus farming in the U.S. and prohibit imports of farmed octopus from foreign countries.
“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 preemptively prevent U.S. companies from participating in this brutal practice before it takes root,” said Whitehouse.
“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.”
Octopuses can learn to solve puzzles, use tools, and remember and learn from prior experiences. A recent review of over 300 scientific studies found strong evidence of sentience in octopuses, meaning that they are likely capable of having feelings such as pain, pleasure, distress, and excitement.
Scientists have concluded that humane commercial farming of octopuses is currently impossible, given their solitary nature and need for cognitive stimulation. Octopuses are not currently farmed for human consumption at commercial scale, but a planned facility in Spain has been awaiting environmental permits since 2021 and expects to begin construction soon.
The senators’ bipartisan 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; and
- Require NOAA to collect data on octopus harvest methods in trade programs under its jurisdiction.
The OCTOPUS Act would proactively protect octopuses from inhumane farming conditions and reestablish the U.S. as a global leader in animal welfare and environmental protections. The bill is endorsed by 21 organizations including the Humane Society of the United States, Animal Legal Defense Fund, Animal Welfare Institute, Association of Zoos & Aquariums (AZA), and Aquatic Life Institute.
“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 Senator Whitehouse and Senator Murkowski for taking the first step to ensure the United States sets a global precedent for octopuses’ welfare.”
“Seeing an octopus at an Association of Zoos and Aquariums-accredited facility creates a sense of wonder, inspiring people to learn more, and take action to support these animals and their ocean habitats,” said Dan Ashe, President and Chief Executive Officer of AZA. “The OCTOPUS Act will help ensure ethical treatment of these amazing animals, by putting their wellbeing first. We thank Senator Whitehouse and Senator Murkowski for their leadership on this important bill.”
“Octopuses are highly complex, intelligent, and sentient aquatic animals whose needs make them fundamentally incompatible with commercial farming,” said Tracie Letterman, Vice President, Federal Affairs, Humane Society Legislative Fund. “The OCTOPUS Act would make the U.S. a world leader in protecting octopus welfare by both preventing an inherently inhumane practice before it starts in our country and keeping our dollars from supporting octopus aquaculture in foreign countries. HSLF is proud to endorse this bill and commends Senators Whitehouse and Murkowski for their compassion and vision.”
“The OCTOPUS Act shows admirable foresight and leadership in protecting a group of animals from mass production. Octopuses are carnivores and therefore commercial farming would require catching animals for their feed and be unsustainable, but they are also highly intelligent, curious, and active and will not lead good lives in factory farms. This legislation is an opportunity for Americans to support freedom — for octopuses,” said Dr. Jennifer Jacquet, Professor of Environmental Science and Policy at the University of Miami.
The full text of the bill is available here.
