Senators Whitehouse and Murkowski Reintroduce Bipartisan Legislation to Ban Commercial Octopus Farming

America is plunging into fascism and the world is going to hell, but let's make time for octopi

U.S. Senators Sheldon Whitehouse (D-RI) and Lisa Murkowski (R-AK), founders and co-chairs of the bipartisan Senate Oceans Caucus, reintroduced the Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies (OCTOPUS) Act for World Ocean Day on June 8^th.  The bipartisan legislation would preemptively ban commercial octopus farming in the U.S. and prohibit imports of commercially farmed octopus from foreign countries. 

In August, 100 scientists published an article in the prestigious journal, Science, endorsing the senators’ bipartisan legislation and urging Congress to quickly pass the bill.

“Octopus are smart, sentient creatures that have no business cooped up on commercial farms,” said Whitehouse.  “I’m glad to reintroduce this bill with Senator Murkowski to ban this practice and keep octopus wild in our oceans.  Congress should heed the call of over 100 leading ocean scientists from around the world and quickly pass our bill.”

“As Alaska’s fishermen navigate turbulent waters both locally and globally, I will continue to advocate tirelessly for our fisheries—the most sustainable, wild-caught fisheries in the world,” said Murkowski.  “By closing the door on commercial octopus farming, this legislation not only helps sustain wild harvest opportunities for Alaska’s fishermen, it helps protect Alaska’s marine ecosystems.  I am glad to join Senator Whitehouse in this effort.”

The senators’ bipartisan 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 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.

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 may begin construction soon. 

The bill is endorsed by 24 organizations including Animal Legal Defense Fund, Aquatic Life Institute, Animal Welfare Institute, Animal Rights Initiative, Association of Zoos and Aquariums, Born Free USA, Compassionate Action for Animals, Compassion in World Farming, Don’t Cage Our Oceans, Environmental Investigation Agency, Endangered Species Coalition, Farm Sanctuary, Friends of the Earth, Food & Water Watch, Global Federation of Animal Sanctuaries, Humane World for Animals/ Humane World Action Fund, International Fund for Animal Welfare, Inland Ocean Coalition, Mercy for Animals, PETA Foundation, Recirculating Farms Coalition, Social Compassion in Legislation, The Humane League, and World Animal Protection.

“Science has shown that octopuses are sentient, emotionally complex animals, and the conditions required to farm them – crowded tanks and lack of stimulation – are inherently cruel and incompatible with their basic needs,” said Allison Ludtke, Legislative Affairs Manager at the Animal Legal Defense Fund.  “The OCTOPUS Act is a landmark step toward protecting some of the ocean’s most charismatic and intelligent creatures from commercial exploitation and stopping a cruel, unsustainable industry that would also put marine ecosystems at risk.  ALDF applauds Senators Whitehouse and Murkowski for their foresight in working to prevent this industry from taking hold in the U.S.”

“Octopuses are highly intelligent and sentient creatures who deserve humane treatment, not commercial farming”, said Tracie Letterman, Vice President, Humane World Action Fund.  “The OCTOPUS Act will ensure that the United States leads in protecting the welfare of octopus by banning this inhumane practice within our own borders and keeping taxpayer dollars from supporting octopus farming abroad.  The Action Fund is proud to endorse this bill and commends Senators Whitehouse and Murkowski for their compassion and leadership on this issue.”

“From how they move to their unique body structure to their high level of problem solving and intelligence, octopuses inspire wonder and encourage the public to take action to protect them and their ocean habitats,” said Dan Ashe, President and Chief Executive Officer of the Association of Zoos and Aquariums. “It is everyone’s responsibility to make the wellbeing of these remarkable animals a priority.  We are grateful to Senator Whitehouse and Senator Murkowski for their leadership on the OCTOPUS Act.”

“The OCTOPUS Act would demonstrate leadership and care in protecting a group of animals from mass production.  Commercial octopus farming would require catching animals to feed to them and would be unsustainable.  In addition, these animals are highly intelligent, curious, and active and will not lead good lives in factory farms.  The OCTOPUS Act would send a signal to the wider world that America supports 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.