Supporting the Federal Octopus Act of 2025
SUMMARY
The Animal Law Committee (Martha Golar and Sherry Ramsey, Co-Chairs) issued a report supporting OCTOPUS Act of 2025 (S.1947), which would prohibit commercial octopus farming and the import of farmed octopus in the United States. While octopus farming does not yet exist domestically, operations are being developed abroad, raising concerns for animal welfare, environmental health, public safety, and local fisheries. Octopuses are highly intelligent, solitary carnivores, and commercial farming would involve high mortality rates, inhumane slaughter methods, pollution, disease risks, and increased pressure on wild fish stocks. The proposed law would ban commercial aquaculture, sale, possession, and transport of farmed octopus, while allowing limited exceptions for accredited aquariums, research programs, and noncommercial scientific study. Violations could incur civil penalties of up to $100,000 per day, and the law requires importers to certify that octopus are not farmed.
The report outlines multiple justifications for the legislation. Farming octopuses would strain marine ecosystems by consuming large quantities of wild fish and displacing native species, while aquaculture waste and antibiotic use could harm coastal environments and public health. Escaped octopuses could disrupt genetic diversity and local populations, and commercial operations could negatively affect existing fisheries and property values. Additionally, the ethical and humane treatment of octopuses is a major concern: as sentient and behaviorally complex animals, they would experience high stress, poor living conditions, and inhumane deaths in captivity. The Committee notes that other U.S. states, including Washington and California, have enacted bans, and similar measures are being considered internationally, reinforcing the need for preventive legislation to protect both animals and ecosystems.
BILL INFORMATION
S.1947 (Sen. Whitehouse/ Sen. Murkowski)- Prohibits the Secretary of the Interior and the Secretary of Commerce from authorizing commercial octopus aquaculture operations in the United States, the exclusive economic zone, and the waters of the United States, and for other purposes. (2025-26)
REPORT
REPORT ON LEGISLATION BY THE ANIMAL LAW COMMITTEE
S. 1947
Senator Sheldon Whitehouse
Senator Lisa Murkowski
An ACT to prohibit the Secretary of the Interior and the Secretary of Commerce from authorizing commercial octopus aquaculture operations in the United States, in the exclusive economic zone and in the waters of the United States.
THE PROPOSED LAW IS APPROVED
I. INTRODUCTION
The New York City Bar Association, (“City Bar”) through its Animal Law Committee, supports the passage of Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies (OCTOPUS) Act of 2025 (S.1947)[1](“Proposed Law”), a bill that would ban commercial octopus farms and prohibit importing farmed octopus.
The Proposed Law represents the first country-wide bill to ban octopus farming. Octopus farming does not currently exist in the U.S. or in any other country. However, octopus farms are under development in Spain and elsewhere.[2] Demand for octopus as a food source has grown nationally and globally. Reported catches have risen from 36,700 tons in 1950 to over 500,000 tons in 2021.[3]
The City Bar supports the proposed legislation because commercial octopus farming threatens animal welfare, marine ecosystems, public health, and local fisheries, with no clear benefit. Octopuses are intelligent, solitary carnivores needing large amounts of wild-caught fish, and farming would produce pollution, disease risks, and potential escapes that endanger wild populations. Humane slaughter and proper captive care are impossible, and high mortality rates raise serious ethical concerns. As U.S. octopus farming does not yet exist, the proposed law is a preventive, evidence-based measure that protects communities, the environment, and sentient beings.
II. SUMMARY OF THE PROPOSED LAW
The Proposed Law prohibits commercial octopus aquaculture[4] for human consumption and restricts the sale, possession, and transport of farmed octopus in the U.S. The Secretary of Commerce is prohibited from issuing permits authorizing commercial octopus aquaculture operations in the U.S. or within the exclusive economic zones[5] or the waters[6] of the United States. The Secretary of Commerce is required to coordinate with the Secretary of Interior to ensure commercial octopus aquaculture is not authorized through the U.S. Fish and Wildlife Service or other departments. Within one year after enactment, a final rule must be issued.
There are four categories of exceptions, including: (1) public display by an accredited or licensed aquarium or zoo; (2) utilization in a breeding program of an accredited or licensed aquarium or zoo; (3) research by a licensed aquarium, zoo, college, university, federal or state agency; or (4) any person with a permit to conduct noncommercial scientific research.
Section 4(c) provides a civil penalty of up to $100,000 or the fair market value of the octopus involved (whichever is greater), for each day and offense. Section 5 requires importers to certify that they are not importing farmed octopus. Section 7 requires the National Oceanic and Atmosphere Administration (NOAA) to collect data on octopus harvest methods in trade programs under its jurisdiction. The effective date is one year after the law is enacted (Section 4(b)).
III. BACKGROUND
Historically, octopuses were caught in the wild using pots, lines and traps[7] Within the last 50 years or so, octopus and other cephalopods were also caught by large fishing fleet as targeted species and as bycatch[8] Over recent decades, octopus landings have increased due to ecosystem disturbances caused by overfishing[9] Octopus populations continue to be under pressure and the situation is not improving. [10]
In 2022, aquaculture overtook wild capture fisheries in global production; by 2032, aquaculture is forecast to account for 54% of total seafood production and 60% of the seafood available for human consumption.[11] While a major 2016 study found that overall cephalopod populations has increased worldwide over the last six decades[12] many countries have reported alarming declines in local octopus populations due to overfishing[13]
As a response to the projected growth of the human population[14] and the decline in native octopus populations, a Spanish seafood conglomerate announced in 2019 its intent to build the world’s first commercial octopus farm in a port in the Grand Canary Islands. This proposal to raise one million octopus in tanks sparked alarm amongst scientists and animal welfare organizations[15]
The Spanish conglomerate Nueva Pescanova announced that it is breeding Octopus vulgaris, which is not indigenous to the Canary Islands, through selective, captive-based programs. 10-15 octopuses would be kept together per cubic meter[16] in sterile, indoor tanks. The octopuses would be fed a mix of wild-caught fish and shellfish, likely ground into fish meal and fish oil[17] It is speculated that up to 28,000 tons of wild-caught fish would be needed to produce only 3,000 tons of octopus meat.[18] Thus, 1 million octopus would be bred and killed to produce 3,000 tons of meat.[19] This equates to roughly 2 billion individual fish used for feed, potentially rising to 7 billion by 2040.[20] The company plans to use 24-hour periods of light during the reproduction period to speed up the spawning of females.[21] Octopuses will be killed by submerging them in a freezing “ice slurry,” a convenient method for the industry because it cools and preserves the animal. However, this practice has drawn sharp criticism from scientists and animal welfare organizations because the animal is alive as it freezes.[22] The octopuses would not be stunned: they would be conscious as they are subjected to the slow, painful process of dying from hypothermia.[23] The company announced plans to begin production in 2027.[24] In 2024, the Canary Islands rejected Nueva Pescanova’s environmental plans as insufficient, incomplete and potentially dangerous to wildlife and public health.[25] The company would have to undergo a full environmental impact statement. No documents have been filed by Nueva Pescanova since that date, and the proposal has not been approved.
IV. JUSTIFICATION FOR THE PROPOSED LAW
This report will focus on several arguments in favor of the Proposed Law.
A. Impact on the Marine Ecosystem
Octopuses are asocial, obligate carnivores and cannot survive on plants and algae.[26] Their carnivorous diet demands large quantities of animal protein and they are behaviorally sophisticated.[27] Octopuses are also known as “picky eaters” and will not thrive on discarded bycatch of fishermen.[28] In animal agriculture, the “feed conversion ratio” (FCR) is an important measure of an animal’s efficiency to convert feed into increased body mass. A low FCR is desired in aquaculture to optimize feed use, reduce cost, and minimize environmental impact by not overfeeding.[29] For efficient species such as tilapia, FCRs can be as low as 1.4, meaning 1.4 kg of feed yields 1 kg of body weight.[30] Scientific literature suggesting an octopus’s FCR is approximately 3:1, thus the weight of feed to sustain an octopus is around three times its weight.[31] Commercial enterprises like Nueva Pescanova claim that FCRs are closer to 2:1.[32] Nonetheless, sourcing fishmeal and fish oil (“FMFO”) for octopuses will place more pressure on wild fish stocks.[33] According to FAO’s 2024 SOFIA report,[34] roughly one‑fifth of the global marine catch is reduced to fishmeal and fish oil, and recent FAO‑summarized analyses indicate that 75 percent of these marine ingredients are used in aquaculture feed.[35] The industrial production of FMFO drives up the price of fish and depletes marine resources in traditional fishing areas, reducing the availability of fish for human consumption.[36] It is widely acknowledged that small forage fish, that provide a crucial role in the marine ecosystems, are subject to population collapse when high fishing rates are maintained, especially while stock is in rapid decline.[37] Thus, the introduction of farmed octopus would lead to competition with wild species for food and habitat, potentially displacing native species.[38] It will also deplete the food base of other predators, including seabirds and marine mammals.[39]
B. Environmental Degradation
The solitary nature of octopuses require multiple tanks or compartments, thus complicating waste management systems.[40] The plan to farm multiple octopuses in a sterile setting will allow feces and uneaten food to accumulate.[41] Decomposition of feces and food fuels bacterial activity that consumes oxygen and releases toxic nitrogenous compounds like ammonia and nitrite.[42] Wastewater from aquaculture is typically discharged into the ocean.[43] Even if the wastewater is filtered before release, residual chemicals and bacteria will be discharged and could linger and harm the local marine environment.[44] Thus, pollution from octopus farming will alter coastal ecosystems, promote harmful algal blooms and harm biodiversity.[45] This type of pollution will also affect the health of local fisheries.
While a land-based recirculating aquaculture system (a/k/a RAS) will overcome some of the harm to the local marine environment, its energy use and greenhouse gas emissions are substantial.[46] It has been estimated that recirculating aquaculture systems would be almost eight times greater than a flow-through system and more than 31 times greater than a cage system.[47]
The risks from octopus farming extend to public health as well. Octopuses carry more than 20 diseases that can infect humans, including cholera.[48] In the wake of COVID-19 and other zoonotic disease outbreaks, it would be reckless to create new avenues for transmission.[49]
Antibiotics are extensively utilized in aquaculture.[50] The food animal industry relies on antibiotics for four purposes: (1) treatment of infectious diseases, (2) control of infectious diseases, (3) prophylaxis to prevent diseases, and (4) non-therapeutic growth promotion.[51] Antibiotics used for non-therapeutic purposes, such as growth performance, are used for perceived economic advantages.[52] However, the use of aquaculture antibiotics has enhanced the natural selective pressures on microbial communities, leading to the emergence of antibiotic-resistant strains that are capable of dissemination, causing severe infections.[53] Because of their unique chemical structure, antibiotics are difficult to break down or degrade in the natural environment and can easily circulate in the food chain and accumulate in the human body.[54]
While Nueva Pescanova claims no relevant pathologies in octopuses are known, a 234-page handbook on pathogens and diseases in cephalopods challenges this claim.[55] The structure of proposed farming systems and the likelihood of disease in the farm setting suggests that antibiotics would be used.[56] However, octopuses have a unique and complex physiology that makes it difficult to administer antibiotics effectively.[57] They do not have acquired immunity or immunological memory; they rely on their innate immunity.[58] Therefore, vaccinations cannot be used to protect them against infectious diseases. Thus, there are unknown health risks with octopus farming because their immune system is poorly understood.[59] This new entry into large-scale factory farming poses public health risks and the risk of environmental contamination.
C. Escape of Selectively-Bred Octopus Could Displace Native Species and Alter Genetic Diversity
The escape of animals in aquaculture into surrounding waters is well documented.[60] It is widely acknowledged that octopuses are master escape artists.[61] They have no bones and can squeeze through any space larger than their beak. While the Spanish company plans to raise O. vulgaris in indoor tanks, which the company claims would prevent escape, no plan is foolproof. The escape of a selectively-bred octopus into local waters could displace native species and disrupt wild genetic diversity, compounding ecological damage.[62] This displacement could negatively affect the biodiversity of the area by intensifying competition for prey such as crabs, mollusks, and small fish – resources already under pressure from overfishing and habitat loss. Octopuses are solitary and territorial creatures. Introducing farmed non-indigenous octopuses into wild populations could also lead to aggressive encounters and stress-induced mortality. Escapees could introduce novel diseases or parasites into wild populations, with cascading effects on marine ecosystems.[63]
D. Adverse Commercial and Economic Ramifications
Octopus farming can impact existing local fisheries, oyster farms and clam farms through pollution, disease transmission, and competition for wild fish.[64] Farmed octopus compete with wild-caught fish and crustaceans.[65] As stated, the production of fishmeal and fish oil drives up the price of pelagic fish, reducing the availability of fish for human consumption.[66] This competition can lead to pressure on already depleted fish populations, adding to the same degradation on the aquaculture industry it is designed to offset.[67] As farmed octopus becomes more readily available, it will drive down the market price of wild-caught octopus, making it harder for local fishermen to compete.
Senator Murkowski, the co-sponsor of the Proposed Law, commented in her press release: “The OCTOPUS Act proactively protects Alaska’s marine ecosystems and supports wild harvest opportunities for Alaska’s fisherman, and I’m glad to join Senator Whitehouse in this effort.”[68] Further, octopus farming, like other commercial aquaculture operations, exudes a foul odor, which can deter tourism and reduce property values.[69]
E. Humane and Ethical Considerations
In 2022, the United Kingdom passed the landmark Animal Welfare (Sentience) Act,[70] acknowledging that octopuses[71] are sentient creatures and extending legal protections for their use in scientific research. The passage of the Sentience Act was shaped by a report[72] finding that cephalopods (and decapod crustaceans) have a complex nervous system and the ability to experience feelings such as pleasure and pain. Octopuses possess nine brains: one central brain and eight smaller brains, one in each arm. This unique nervous system allows them to perform complex tasks such as opening jars, solving puzzles and escaping from enclosures. There is very strong evidence of sentience in octopuses,[73] and increasing recognition that the welfare needs of octopuses are important due to current commercial practices.[74]
Besides being behaviorally sophisticated, octopuses live in complex environments. They display sophisticated social behaviors, react to painful stimuli, employ advanced reasoning to avoid poor environmental conditions and seek analgesic therapy.[75] Research scientists recommend providing an enriched environment by changing the tank’s landscape, incorporating a variety of prey, and introducing challenging tasks for them to work through.[76]
It is unlikely that the aquaculture business will create an environment that remotely replicates the complexity of an octopuses’ natural environment. Farming intelligent creatures in sterile tanks raises serious ethical concerns, given their solitary natural behavior and the detrimental consequences rearing them in groups may have.[77] Studies have shown that octopuses exhibit behaviors that suggest they feel distress; for example, they change in color, texture, and posture when they are in pain or stressed.[78] Farming systems would result in high stress due to spatial constraints, high densities, and sociability, which increase aggression/cannibalism at different life stages.[79] Octopus skin is also sensitive and can be easily damaged during handling, transportation, or stressful confinement situations.[80]
Many octopuses, including O. vulgaris, are nocturnal, hunting primarily at night. During the day, they hide in their dens, which they sometimes decorate with shiny objects and shells. The Spanish company plans to use 24-hour periods of light during the reproduction period to speed up the spawning of the females.[81] However, the animal’s natural behavior is to avoid the light, and continued light could be very stressful for them.[82] Inadequate shelter in captivity is another stressor for cephalopods.[83] Cephalopods regularly show signs of anxiety in poor captive environments such as irregular swimming patterns, lethargy, agitation, and anorexia.[84]
Another concern in farms is the high mortality rate of octopus hatchlings. Young octopuses, known as larva or paralarva, require large amounts of live food to hunt, which will be difficult to obtain in an aquaculture setting. For O. vulgaris, the survival rate in hatchlings is, at best, 30% – 40% at day 40 and less than 10% at day 60.[85] “Young [octopuses] dying of poor nutrition and inappropriate housing conditions are highly likely to suffer poor welfare.”[86]
No humane method to stun and kill octopus for consumption has been established. The only recommended method of humane slaughter for cephalopods currently is terminal overdose by anesthetic. However, this is inappropriate for octopuses slaughtered for human consumption.[87] The proposal to kill them in ice slurries has been criticized as causing a slow and painful death.[88]
The prospect of octopuses languishing in farms was raised by Senator Whitehouse in the press release for the Proposed Law. “Octopuses are among the most intelligent creatures in the oceans. And they belong at sea, not suffering on a factory farm. My bipartisan bill with Senator Murkowski would preemptively prevent U.S. companies from participating in this brutal practice before it takes root,” said Senator Whitehouse.[89]
V. LEGISLATION TO BAN OCTOPUS FARMING HAS BEEN ENACTED OR IS PROPOSED IN CERTAIN STATES IN THE U.S. AND OTHER COUNTRIES
A. Two States Already Ban Octopus Farming.
In March 2024, Washington enacted HB 1153,[90] banning octopus farming statewide (the first ban on octopus farming in the world). In September 2024, California enacted the Oppose Cruelty to Octopuses (OCTO) Act (AB 3162),[91] banning octopus farming and the sale of farmed octopus products.
B. Certain States Are Proposing to Ban Octopus Farming.
Legislation to ban octopus farming is currently pending in the following seven states as of the date of this report: New York,[92] Massachusetts,[93] Connecticut,[94] New Jersey,[95] Hawaii,[96] North Carolina[97] and Oregon.[98] All these bills aim to prevent commercial octopus farming before it begins.
C. Internationally Legislative Initiatives are Underway to Ban Octopus Farming.
Chile proposed a national bill to ban octopus industrial breeding in 2025.[99] Chile’s push to ban octopus farming is likely influenced by its troubled history with salmon aquaculture. Chile is the world’s second-largest producer of farmed salmon, and that industry has faced many crises, including the release of millions of non-native salmon due to storms and other unplanned events.[100] Similar bans are under discussion in Spain, New Zealand and the United Kingdom.
VI. CONCLUSION
For the reasons stated above, the New York City Bar Association’s Animal Law Committee supports S. 1947.
Animal Law Committee
Martha Golar and Sherry Ramsey, Co-Chairs
Frederica Miller, Member
January 2026
Footnotes
[1] Available at: https://www.congress.gov/bill/119th-congress/senate-bill/1947/text. The bill was introduced in the previous Congress (as S. 4810) on July 25, 2024, by Senator Whitehouse. It was re-introduced in 2025 by Senators Whitehouse and Murkowski and referred to the Committee on Commerce, Science and Transportation. (All websites last accessed on Jan. 23, 2026)
[2] Australia, Chile, Japan and Mexico have small octopus farming operations underway, according to the Animal Welfare Institute. Portugal has a scientific research center involved in octopus farming. The Kanaloa Octopus Farm on Hawai’i Island, the only known U.S. octopus farm facility, shut down in 2023 after allegations of illegal animal acquisition and operating as a petting zoo. See, Animal Welfare Institute, Octopus Farming (2025) at https://awionline.org/content/octopus-farming.
[3] Sustainable fisheries partnership, Octopus a summary of the global situation in terms of production and trade (Aug. 2023), available at: https://heyzine.com/flip-book/e02633de9e.html Citing to Food and Agriculture Organization of the United Nations (“FAO”), 2023.
[4] The term “commercial octopus aquaculture” is defined in the Proposed Law as, “the farming of octopuses to be slaughtered for human consumption or use and sold through marketplaces.” It includes any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives of such octopus.
[5] The term “exclusive economic zone” includes up to two hundred nautical miles from the shoreline and was established by Presidential Proclamation Number 5030, dated March 10, 1983. See, https://www.archives.gov/federal-register/codification/proclamations/05030.html.
[6] The term “waters of the United States” includes, but is not limited to, waters that are “subject to ebb and flow”. See, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-D/part-120/section-120.2.
[7] Claire Marshall, World’s first octopus farm proposals alarm scientists, BBC.com, (March 15, 2023), available at https://www.bbc.com/news/science-environment-64814781.
[8] Report, Monterey Bay Aquarium Seafood Watch, Common octopus, Eastern Central and Northeast Atlantic bottom trawls, traps, pots, jig, March 1, 2021 at 8, available at https://www.seafoodwatch.org/globalassets/sfw-data-blocks/reports/o/mba_seafoodwatch_octopuseuropeandnorthafrica.pdf.
[9] Id. at 5.
[10] Id.
[11] FAO Report: Global fisheries and aquaculture production reaches a new record high, (July 6, 2024), available at https://www.fao.org/newsroom/detail/fao-report-global-fisheries-and-aquaculture-production-reaches-a-new-record-high/en.
[12] Zoe Doubleday, Global proliferation of cephalopods, Current biology, (May 2016), https://doi.org/10.1016/j.cub.2016.04.002.
[13] Id.
[14] According to the United Nations, the world population is expected to reach 8.5 billion by 2030, 9.7 billion by 2050, and 11.2 billion by 2100. Report from the United Nations, World Population Prospects 2024, Summary of Results (2024), https://www.un.org/en/desa/world-population-projected-reach-98-billion-2050-and-112-billion-2100.
[15] Marshall, supra note 7.
[16] 1 meter = 3.28 feet.
[17] Why the U.S. must say no to octopus farming before it begins, Compassion in world farming (Oct. 10, 2025), https://www.ciwf.com/media-and-news/blog/why-the-us-must-say-no-to-octopus-farming-before-it-begins/
[18] The growing threat of carnivorous aquaculture, Compassion in world farming (Oct.8, 2025), https://www.ciwf.com/media-and-news/news/growing-threat-of-octopus-carnivorous-fish-farms-revealed/
[19] Rachael Funnell, One million octopuses to be farmed annually if Spanish farm gets approval, iflscience (March 16, 2023), https://www.iflscience.com/one-million-octopuses-to-be-farmed-annually-if-spanish-farm-gets-approval-68000.
[20] The growing threat of carnivorous aquaculture, supra note 18.
[21] Elena Lara, Uncovering the horrific reality of octopus farming, Compassion in world farming (2023), https://www.eurogroupforanimals.org/news/uncovering-horrific-reality-octopus-farming
[22] Jeff Lines, Humane harvesting and slaughter of farmed fish, review science & technology (April, 2014 at p. 258, doi: 10.20506/rst.33.1.2284, available at https://pubmed.ncbi.nlm.nih.gov/25000798/,
[23] Amy Jones, Leaked documents expose cruel conditions and slow death method at world’s first octopus farm, SPECIES UNITE (March 31, 2023), https://www.speciesunite.com/news-stories/leaked-documents-expose-cruel-conditions-and-slow-death-method-at-worlds-first-commercial-octopus-farm.
[24] Factsheet, Plans for the world’s first octopus factory farm, Eurogroup for animals (March 13, 2025), https://www.eurogroupforanimals.org/library/plans-worlds-first-octopus-factory-farm
[25] New threats of octopus farm plans revealed, Compassion in world farming (Sept. 4, 2024), https://www.ciwf.org/media-news/latest-news/new-threats-of-octopus-farm-plans-revealed/
[26] Giulia Malerbi, Octopus farming is a dangerous detour for marine conservation (commentary), mongabay (Oct. 8, 2025), https://news.mongabay.com/2025/10/octopus-farming-is-a-dangerous-detour-for-marine-conservation-commentary/.
[27] Jennifer Jacquet, The case against octopus farming, issues in science & technology (Winter 2019), https://issues.org/the-case-against-octopus-farming/.
[28] Letter from Jennifer Jacquet, Dep’t of Environmental Science and Policy, Univ of Miami, Support US OCTOPUS Act to keep octopuses wild (Aug. 16, 2024), https://ctbergstrom.com/publications/pdfs/2024Science.pdf
[29] Aquaculture Feed Efficiency, sustainability directory (March 23, 2025), https://fashion.sustainability-directory.com/term/aquaculture-feed-efficiency/
[30] Dennis DeLong, Tank culture of tilapia, southern regional aquaculture center , Publ. No. 282, June 2009, at https://aquaculture.mgcafe.uky.edu/sites/aquaculture.ca.uky.edu/files/srac_282_tank_culture_of_tilapia.pdf
[31] Malerby, supra note 26.
[32] The growing threat of carnivorous aquaculture, supra note 18.
[33] Id., at 4, 19.
[34] FAO, The State of World Fisheries and Aquaculture 2024 (SOFIA 2024), available at https://openknowledge.fao.org/server/api/core/bitstreams/50e47c44-4d39-4ab4-b204-05dd658b339f/content
[35] European Fishmeal and Fish Oil Producers, FAO Report: fishmeal and fish oil are essential to aquaculture (November 24, 2023), https://effop.org/news-events/fao-report-fishmeal-and-fish-oil-are-essential-to-aquaculture/
[36] Patricia Majluf, A review of the global use of fishmeal and fish oil and the fish in: fish out metric, science advances , Oct. 16, 2024, 9, available at https://pmc.ncbi.nlm.nih.gov/articles/PMC11482318/pdf/sciadv.adn5650.pdf.
[37] Timothy Essington, Fishing amplifies forage fish population collapse, proc. Natl. acad. Sci. u.s.a. , April 6, 2025, available at https://www.pnas.org/doi/10.1073/pnas.1422020112.
[38] Jacquet, supra note 28.
[39] Jack Alder, Forage fish: from ecosystems to markets, Annual Reviews in Environments and Resources, 153-166, 158 (Nov. 2008), available at https://www.researchgate.net/publication/224018060_Forage_Fish_From_Ecosystems_to_Markets.
[40] Ashley Meader, Proposed octopus farm fails environmental impact assessment, Faunalytics (Oct. 10, 2024), https://faunalytics.org/proposed-octopus-farm-fails-environmental-impact-assessment/.
[41] Id.
[42] Akeem Dauda, Waste production in aquaculture: sources, components and managements in different culture systems, aquaculture and fisheries , Vol 4, Issue 3, May 2019, available at https://doi.org/10.1016/j.aaf.2018.10.002.
[43]Id.
[44] Meader, supra note 41.
[45] Letter by a coalition of 160 signatories to the Chilean Government (specifically the National Agency for Research and Development (ANID) Fund for the Promotion of Scientific and Technological Development (FONDEF)(Aug. 20, 2025), https://www.salvemosalospulpos.org/wp-content/uploads/2025/08/Letter-to-Chiles-research-and-development-agency-2.pdf.
[46] The growing threat of carnivorous aquaculture, supra note 18.
[47] Id.
[48] Andrew Rich, A retrospective study of pathologic findings in cephalopods (extant subclasses: Coleoidea and Nautiloidea) under laboratory and aquarium management, Vet. Pathol. Sage Journals, July 18, 2023, available at https://pubmed.ncbi.nlm.nih.gov/37462025/; Catalina Lopez, The Aquatic Animal Alliance warns about the serious environmental risks of an octopus farm in the Canary Islands, aquatic life institute (April 20, 2025), https://www.ali.fish/blog/the-aquatic-animal-alliance-warns-about-the-serious-environmental-risks-of-an-octopus-farm-in-the-canary-islands-w9jbk.
[49] Yuhua Chen, Vibrio cholerae: a pathogen shared by human and aquatic animals, lancet microbe (June 2022), available at https://www.thelancet.com/journals/lanmic/article/PIIS2666-5247(22)00125-2/fulltext.
[50] Elshafia Ali Hamid Mohammed, et al., Antibiotic resistance in aquaculture: challenges, trends analysis, and alternative approaches, antibiotics (basel) 2025 Jun 11;14(6):598. doi: 10.3390/antibiotics14060598. PMID: 40558188; PMCID: PMC12189707 available at https://pubmed.ncbi.nlm.nih.gov/40558188/.
[51] Terence Centner, Regulating the use of non-therapeutic antibiotics in food animals, Georgetown international environmental l. rev., Vol. XXI, issue 1 (2008), available at https://www.csjn.gov.ar/pubextrs/verIndice?tm=PP&nm=383&fascic=2008-21-01.
[52] Id.
[53] Mohammed, supra note 51; See also New York City Bar Association reports on the subject of non-therapeutic use of antibiotics on animals in agriculture, with respect to both New York State and Federal proposed legislation, at https://www.nycbar.org/wp-content/uploads/2023/05/20073090-NonTherapeuticAntimicrobialAgents_FINAL_4.18.17.pdf and at https://www2.nycbar.org/pdf/report/uploads/20072377-POTUS2ndTermTransitionMemo.pdf.
[54] Id.; See also, Elena Basso, Those who eat Chilean sea salmon cannot imagine how much human blood is carried with it, guardian , Dec. 2, 2025 available at http://www.theguardian.com/global-development/2025/dec/02/chile-salmon-farms-fish-industry. Citing Claudio Miranda, Current status of the use of antibiotics and the antimicrobial resistance in the Chilean salmon Farms, frontiers in microbiology (June 18, 2018). Front. Microbiol. 2018 June18; 9:1284. doi: 10.3389/fmicb.2018.01284. PMID:29967597; PMCID: PMC6016283.
[55] Nueva Pescanova, prioritizing profits and polluting Las Palmas- the world’s first large scale octopus farm, aquatic life institute (June, 2023), https://www.ali.fish/campaign-reports.
[56] Id.
[57] Our Hen House, A wave of change: banning octopus factory farming with Amanda Fox, Brenna Anderst & Allie Taylor, episode 810 (May 30, 2025), available at https://www.ourhenhouse.org/ep810/
[58] Sheila Castellanos-Martínez, Pathogens and immune response of cephalopods, marine biology & ecology , Sept. 2013, 447:14-22, available at https://www.sciencedirect.com/science/article/abs/pii/S0022098113000592
[59] Anna DiCosmo, Neuroendocrine-immune systems responses to environmental stressors in the cephalopod Octopus vulgaris, frontiers in physiology (Sept. 28, 2016), available at https://www.frontiersin.org/journals/physiology/articles/10.3389/fphys.2016.00434/full.
[60] Farmed fish escapes, oceana (no date), available at https://usa.oceana.org/farmed-fish escapes/?copilot_analytics_metadata; See also, Javier Atala, Global assessment of ecological risks associated with farmed fish escapes,glob. Ecol. Conserve., vol 21, March 2020, available at https://www.sciencedirect.com/science/article/pii/S2351989419305888
[61] Wajeeha Malik, Inky’s daring escape shows how smart octopuses are, national geographic , April 14, 2016, available at https://www.nationalgeographic.com/animals/article/160414-inky-octopus-escapes-intelligence
[62] Malerby, supra note 26.
[63] Id.
[64] Elena Lara, Octopus factory farming, a recipe for disaster, Compassion in world farming (April 28, 2025) available at https://www.ciwf.com/search/?q=recipe%20for%20disaster%20octopus.
[65] Report by Aquatic Life Institute, supra note 56.
[66] Majluf, supra note 36.
[67] Report by Aquatic Life Institute, supra note 56.
[68] Press Release, Whitehouse, Murkowski introduce bipartisan bill banning commercial octopus farming (July 25, 2024), https://www.whitehouse.senate.gov/news/release/whitehouse-murkowski-introduce-bipartisan-bill-banning-commercial-octopus-farming/.
[69] Octopus Farming, why we must stop octopus farming, Compassion in world farming available at https://www.ciwf.com/public-policy/octopus-farming/.
[70] https://www.gov.uk/government/news/lobsters-octopus-and-crabs-recognised-as-sentient-beings. This was the first law to recognize invertebrates with complex nervous systems as sentient. This law was preceded in 2012 by the Cambridge Declaration on Consciousness recognizing octopuses as the only invertebrate to be conscious. In 2024, the New York Declaration on Animal Consciousness stated that there is a realistic possibility of consciousness in octopuses and other animals, incorporating new behavioral evidence in their findings. New York currently has pending legislation that would recognize animals as sentient beings. Assembly Bill A107 (2025–2026 session) proposes to amend New York’s Agriculture and Markets Law to explicitly establish that animals are sentient and can be considered victims of crimes. Octopuses would likely fall under the definition of “animals” to be considered sentient beings.
[71] The Act acknowledges that cephalopod mollusks (octopuses, squid, cuttlefish, nautilus and devilfish) and decapod crustaceans (lobsters, crabs, crayfish, and shrimp) are sentient.
[72] The report, prepared by a team of interdisciplinary experts, synthesized 300 peer-reviewed studies and developed eight criteria to evaluate sentience. See, Jonathan Birch, Review of the Evidence of Sentience in Cephalopod Mollusks and Decapod Crustacean, London Sch. of Econ. & Pol. Sci. at 5, 22-40 (Nov. 2021), available at https://www.lse.ac.uk/News/News-Assets/PDFs/2021/Sentience-in-Cephalopod-Molluscs-and-Decapod-Crustaceans-Final-Report-November-2021.pdf.
[73] Id.
[74] Heather Browning, Animal welfare risks from commercial practices involving cephalopod mollusks and decapod crustaceans, animal welfare 34, (2025), available at https://www.cambridge.org/core/journals/animal-welfare/article/animal-welfare-risks-from-commercial-practices-involving-cephalopod-molluscs-and-decapod-crustaceans/F10B326C2CF6395D1F87959BE59545D8
[75] Ashley Powell, Octopus aquaculture: welfare practices and challenges, Canadian vet j. Oct. 2022, 63(10):1072-1074. PMID: 36185792; PMCID: PMC9484201; available at https://pmc.ncbi.nlm.nih.gov/articles/PMC9484201/.
[76] Tyler Van Buren, Establishing an octopus ecosystem for biomedical and bioengineering research, J VIS EXP. (Sept. 22, 202), doi: 10.3791/62705 available at https://pmc.ncbi.nlm.nih.gov/articles/PMC9109256/.
[77] Lara, supra note 65.
[78] Carly Cassella, Octopuses not only feel pain physically, but emotionally too, first study finds, SCIENCE ALERT, March 5, 2021, https://www.sciencealert.com/scientists-identify-the-first-strong-evidence-that-octopuses-likely-feel-pain; see also, Robyn Crook, Behavioral and neurophysiological evidence suggests affective pain experience in octopus, iscience 24, March 19, 2021, https://doi.org/10.1016/j.isci.2021.102229.
[79] Report by Aquatic Life Institute, supra note 56.
[80] Id.
[81] Jones, supra note 23.
[82] Id.
[83] Browning, supra note 75 at 4.
[84] Id.
[85] Browning, supra note 75 at 3.
[86] Id.
[87] Id.
[88] Browning, supra note 75, at 4; see also Bjorn Roth, Live chilling of turbot and subsequent effect on behavior, muscle stiffness, muscle quality, blood gases and chemistry, 18 animal welfare 1 (2009);18(1):33-41. https://www.cambridge.org/core/journals/animal-welfare/article/abs/live-chilling-of-turbot-and-subsequent-effect-on-behaviour-muscle-stiffness-muscle-quality-blood-gases-and-chemistry/9578F848E35B0E1C7AD1A6B7DFAD7B21
[89] Press Release, supra note 69.
[90] HB 1153: Prohibiting Octopus Farming.” Washington State Legislature, 2023, https://app.leg.wa.gov/billsummary?billnumber=1153&year=2023.
[91] Cal. Fish & Game Code § 15007.5.” California Legislative Information, 2025, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FGC§ionNum=15007.5.
[92] New York State Senate and New York State Assembly. S.7421 and A.8043; Prohibiting Octopus Farming. 2025, https://www.nysenate.gov/legislation/bills/2025/S7421/amendment/A; https://nyassembly.gov/leg/?bn=A08043&term=2025&Actions=Y&Memo=Y&Text=Y
[93] MA H127: Prohibiting the Aquaculture of Any Species of Octopus for the Purpose of Human Consumption.” BillTrack50, 2025, www.billtrack50.com/billdetail/1866654
[94] H.B. 5900: An Act Prohibiting the Cultivation of Octopus for Human Consumption and the Use of Octopus for Entertainment Purposes.” Connecticut General Assembly, 2025,
www.cga.ct.gov/asp/CGABillStatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB5900
[95] A.5078: Prohibits Aquaculture of Any Species of Octopus for Purpose of Human Consumption.” New Jersey Legislature, 2024–2025 Session, https://legiscan.com/NJ/text/A5078/id/3031836.
[96] H.B. 365: Relating to Aquaculture.” Hawaii State Legislature, 2025 Regular Session,
https://data.capitol.hawaii.gov/sessions/session2025/bills/HB365_.HTM
[97] H.B. 293: Marine Life Stewardship Act.” North Carolina General Assembly, 2025–2026 Session,
https://www.ncleg.gov/BillLookUp/2025/H293.
[98] Oregon H.B. 2557: Relating to Octopus.” Oregon Legislative Assembly, 2025 Regular Session,
https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/HB2557
[99] Bill 17913-12, https://www.camara.cl/legislacion/proyectosdeley/tramitacion.aspx?prmID=18570&prmBOLETIN=17913-12
[100] Basso, supra note 55.