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US senators Sheldon Whitehouse and Lisa Murkowski have reintroduced the Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies (OCTOPUS) Act. This bipartisan legislation aims to prohibit commercial octopus farming in the United States and ban the import of octopus farmed abroad, a measure that aligns with growing concerns over the ethical treatment of these intelligent marine creatures.

The reintroduction of the OCTOPUS Act comes at a time when global attention turns to the health of the oceans and their ecosystems. The bill has garnered substantial support, including endorsements from over 100 scientists who published a pivotal article in Science, urging swift legislative action.

“Octopuses are smart, sentient creatures that have no business cooped up on commercial farms,” said senator Whitehouse, highlighting the need to keep these animals in their natural habitats. Murkowski echoed this sentiment, noting the bill's potential to protect Alaska's fisheries and marine ecosystems, which are vital for local economies and sustainable fishing practices.

The OCTOPUS Act aims to establish the US as a leader in animal welfare and environmental protection by implementing several key provisions:

• Prohibition of commercial aquaculture: The act would ban all commercial octopus farming operations within US borders.

• Import restrictions: It would also prohibit the import of commercially farmed octopus and products containing octopus, imposing fines for violations.

• Certification requirements: Importers would be required to certify that their products do not include farmed octopus.

• Data collection: The National Oceanic and Atmospheric Administration (NOAA) would be tasked with collecting data on octopus harvest methods.

Scientific research has increasingly highlighted the cognitive abilities and emotional complexity of octopuses. A comprehensive review of over 300 studies indicates that these animals possess strong evidence of sentience, capable of experiencing pain, pleasure and distress. Given their solitary nature and need for environmental enrichment, experts assert that humane farming of octopuses is currently unfeasible.

Opinion: Should octopus farming be off the menu?

As demand for octopus as a culinary delicacy surges worldwide, the contentious practice of farming these intelligent creatures comes under scrutiny. With mounting opposition and legislative actions, including recent bans, the debate intensifies. Elena Lara, senior research and public affairs advisor (aquatic animals) at Compassion in World Farming, sheds light on the challenges posed by octopus farming.

Read more here.

While octopus farming is not yet a widespread practice in the US, plans for a commercial facility in Spain have raised alarms; it has been awaiting environmental permits since 2021. The OCTOPUS Act seeks to preemptively address the potential establishment of such operations in the US, thereby protecting both octopuses and marine ecosystems from the pressures of industrial aquaculture.

The legislation has received endorsements from a diverse coalition of 24 organisations, including the Animal Legal Defense Fund, the Aquatic Life Institute, and the Association of Zoos and Aquariums. Advocates argue that the OCTOPUS Act represents a crucial step toward safeguarding marine life from exploitation and ensuring the sustainability of ocean resources.

“The conditions required to farm octopuses – crowded tanks and lack of stimulation – are inherently cruel,” stated Allison Ludtke, legislative affairs manager at the Animal Legal Defense Fund. “This legislation is a landmark effort to protect some of the ocean’s most charismatic and intelligent creatures.”