Octopus farming in the U.S. would be banned under a new bill in Congress

A controversial plan to commercially farm octopus for meat has led to a U.S. bill that would ban the practice, along with any imports linked to it. Bipartisan legislation to ban octopus farming was introduced in Congress on Friday, after NPR reported on the issue.

“Octopuses are among the most intelligent creatures in the oceans. And they belong at sea, not suffering on a factory farm,” Sen. Sheldon Whitehouse, D-Rhode Island, a co-author of the bill, said in a statement to NPR.

News of a planned farm in Spain sparked push in U.S.

The legislation comes as scientists and animal advocates express outrage over a plan by a large seafood company in Spain to farm octopuses on an unprecedented scale to harvest them for seafood. Whitehouse became aware of the company’s plan through the NPR story, according to the senator’s office.

There are no current reports of plans for an industrial octopus farm in the U.S. But Whitehouse said he and the bill’s other co-author, Sen. Lisa Murkowski, R-Alaska, decided to act preemptively, to “prevent U.S. companies from participating in this brutal practice before it takes root.”

The new legislation is titled the OCTOPUS Act — short for Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies. It would require anyone importing octopus into the U.S. to certify that it was not produced through commercial aquaculture.

If it becomes law, the ban would impose a civil fine up to $100,000 for each violation. It includes a handful of exceptions, for cases such as aquarium displays, breeding programs and research purposes.

In March, Washington became the first U.S. state — and according to the group Compassion in World Farming, the first government anywhere — to ban octopus farming. Other states, such as California and Hawaii, have looked at similar bans.

Octopus fans welcome news of a proposed ban

Opponents of octopus farming say it’s not practical or humane to raise them in captivity, as the natural predators would require other animals to eat — which in turn requires more fishing.

“They’re one of the most rapidly growing animals known in the world, but they grow by eating other animals,” Sy Montgomery, author of The Soul of an Octopus, told NPR earlier this year. “So I think there’s just too much of a risk to the environment. I think it is extremely cruel.”

Montgomery and other advocates also cite a growing body of research into octopus intelligence and behavior.

“Scientists have proven octopuses are complex, intelligent creatures who can feel a full range of emotions,” said Allison Ludtke, manager of legislative affairs for the Animal Legal Defense Fund. “Instead of exploiting them, we must protect this dynamic species who suffer terribly in confined settings.”

The Animal Legal Defense Fund and at least 20 other organizations, such as the Humane Society of the United States and the Association of Zoos & Aquariums, support the new U.S. bill, according to Whitehouse’s office.

What’s the status of the Spanish octopus farm?

Spanish seafood company Nueva Pescanova has been seeking permits to keep octopuses in tanks on a commercial farm along a dock in the Canary Islands.

The Canary Islands government is “demanding a more comprehensive impact assessment” from the company about potential environmental effects, according to a recent update from two advocacy groups, Eurogroup for Animals and Compassion in World Farming.

The company claims that farm-raised octopus would ease fishing pressure on wild populations. But critics say the plan is motivated more by profits than conservation, and they warn of potential new problems, such as pollution and disease.

Eating octopus is part of a number of food traditions around the world, from Spain and Portugal to Greece, Mexico, Japan, South Korea and China. Demand is forecast to grow, according to Nueva Pescanova.

“Global octopus consumption amounts to 350,000 tons per year and the market is expected to grow by 21.5% in 2028 compared to 2022,” the company told NPR earlier this year.