Bill to ban octopus farming placed in U.S. Senate

Remember Paul the Octopus? Yeah, the one who became a sensation during the 2010 FIFA World Cup in South Africa, with his reported “ability” to predict the winners of football matches involving the country he was born and lived in, Germany. At the World Cup, Paul predicted, correctly, the results of all seven matches involving the German team and of the final between Spain and The Netherlands. (For those who did not know, Spain won its so far only World Cup by a solitary goal scored in extra time by Andrés Iniesta.)

Now while there could be a heated debate about whether predicting the future is a science or a fool’s errand, there is little doubt that octopuses are sentient and intelligent beings. Which is why the introduction of a bipartisan bill in the U.S. Senate to prohibit commercial farming of octopuses in the USA and the import of farmed octopuses from foreign countries has been welcomed by several organizations.

Senator Sheldon Whitehouse (Democrat, Rhode Island) and Senator Lisa Murkowski (Republican, Alaska), founders and co-chairs of the bipartisan Senate Oceans Caucus, have introduced the Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies, or OCTOPUS, Act.

Interestingly, the two senators have differing reasons for proposing the bill. “Octopuses are among the most intelligent creatures in the oceans. And they belong at sea, not suffering on a factory farm,” said Whitehouse in a press statement. “My bipartisan bill with Senator Murkowski would pre-emptively prevent U.S. companies from participating in this brutal practice before it takes root.”

Murkowski said, “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. 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 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 the cephalopod mollusc’s 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.

The senators’ bipartisan OCTOPUS Act would:

• Prohibit commercial octopus aquaculture operations in the USA;
• 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 the National Oceanic and Atmospheric Administration to collect data on octopus harvest methods in trade programmes under its jurisdiction.

The OCTOPUS Act would proactively protect octopuses from inhumane farming conditions and re-establish the USA as a global leader in animal welfare and environmental protections, a release from Sen Whitehouse’s office said. 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, 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,” said Animal Legal Defense Fund Legislative Affairs Manager Allison Ludtke.

“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 the AZA. “The OCTOPUS Act will help ensure ethical treatment of these amazing animals, by putting their well-being first.”

“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 shows admirable foresight and leadership in protecting a group of animals from mass production,” said Dr Jennifer Jacquet, professor of environmental science and policy at the University of Miami, Florida. “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.”