The US state of California has enacted a bill banning octopus farming on land and in water and prohibiting the sale of farmed octopuses amid rising ethical and environmental concerns associated with the practice. The legislation is known as the California Oppose Cruelty to Octopuses (OCTO) Act. Governor Gavin Newsom signed it on September 27, making it the second law of its kind worldwide, after Washington introduced a similar ban in March this year. 

Assembly members Steve Bennett and Laura Friedman co-authored the OCTO Act, which addresses critical animal welfare and ecological issues surrounding octopus farming. Backed by the Aquatic Life Institute (ALI), the bill received unanimous approval from the California Senate in August and was hailed as a “watershed” moment in the animal rights movement.

“The passing of the OCTO Act demonstrates California’s leadership in protecting wildlife. This is how law-making should be done: before investments of financial and human capital are made. These intelligent creatures are not suited for concentrated ocean farming environments. I appreciate our sponsors and supporters for their advocacy,” says assembly member Steve Bennett.

On July 25, US senators Sheldon Whitehouse and Lisa Murkowski introduced a landmark bill to the US Congress to prohibit octopus farming and the import of farmed octopus nationwide.

“Ethical imperative and ecological necessity”

Similar bills have been proposed in Washington, wher HB 1153 was signed into law, with Oregon and Hawaii reconsidering their legislation. ALI has supported the legislation with research and advice.

“The case against octopus farming is clear and compelling. ALI applauds California for recognizing the ethical imperative and ecological necessity of this legislation. The potential for environmental degradation, disease outbreaks and reputational harm to seafood industries far outweigh any perceived benefits,” said Tessa Gonzalez, head of research at ALI and a witness in presenting the OCTO Act to the California State Assembly Water, Parks and Wildlife Committee in April this year.

“By supporting a ban on octopus farming and farmed octopus importation, Californians are sending a powerful message that they value compassion over cruelty, sustainability over exploitation and stewardship over short-term gain.”

Banning commercial sales amid global calls

The OCTO Act protects octopuses by addressing possible issues before the development of commercial octopus farming and sales, as there are currently no octopus farms in California. It aims to ensure the protection of these sentient, intellectual animals before establishing heavy industrial operations by incorporating public health, environmental sustainability and animal welfare concerns into future regulatory frameworks.

Octopuses are carnivorous animals whose diets are rich in marine ingredients, which puts increased pressure on already dwindling wild fish populations and severely impacts global sustainable development goals. Moreover, the abuse of antibiotics in aquaculture has been associated with developing multidrug-resistant bacteria, with potential fallout into human populations.

Moreover, research has classified octopuses as highly intelligent and complex beings who suffer in captivity due to their solitary and exploratory nature.

Advocates emphasize that intensive farming and extreme confinement are inherently unfavorable 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.

The enactment comes as global calls for improving animal welfare practices gain momentum. In a first-of-its-kind regulation, the UK government recognized animal sentience across all vertebrate animals with the Animal Welfare (Sentience) Act 2022.

Last month, Seafish, the Shellfish Association of Great Britain and the Crab and Lobster Management Group released a best practice guide for the handling, storing and dispatching of live shellfish across the supply chain, from catching to food service.