Washington State Enacts World’s First Legislation to Ban Octopus Farming

By guest blogger:

Madison Gutzman, 2026 J.D. Candidate, Texas A&M University School of Law

Washington House Bill 1153, which prohibits the farming of octopuses in Washington State, was signed into law on March 13th, 2024. Washington leads the charge in legislation of this kind, but California and Hawaii are not far behind. Representative Strom Peterson sponsored the bill to keep octopus farms from hurting the environment and causing the suffering of octopuses. Rep. Peterson argues it is well past time to prohibit octopus farming. However, no octopus farms currently exist in the world. So, what sparked this surge in legislation?

Construction of the world’s first octopus farm has been proposed in Gran Canaria, Spain. Controversy sparked after an animal rights group released confidential plans behind the farm’s operation. The seafood company behind the farm had announced scientific advancements in the breeding and captivity of octopuses that would lead to commercial farming operations. Claire Marshall, World’s first octopus farm proposals alarm scientists, BBC (Mar. 15, 2023), https://www.bbc.com/news/science-environment-64814781. Scientists and animal activists are concerned about the wellbeing of octopuses in farming conditions. Octopuses are clever, solitary creatures who typically thrive in coral reef systems. The company’s plans include 10-15 octopuses living in one cubic meter of tank while being fed a dry pellet food. Id. This differs from the live fish they usually eat in the open ocean. Additionally, octopuses are incredibly territorial and young octopuses can be prone to cannibalism when in close quarters. The company estimates a 10-15% mortality rate among the farm raised octopuses. Id.

Perhaps the most controversial practice in the proposed operation is the method of killing these octopuses. The seafood company proposes an “ice slurry” method that would require octopuses to be put into below-freezing water until they die. Some scientists have argued this is a slow, painful death for a creature recognized by the UK’s Animal Welfare (Sentience) Act as “sentient beings.” Id. Given the objection to such practices, why is octopus farming a topic of U.S. legislation?

The number of octopuses caught each year has increased tenfold in the last 70 years. Id. As the demand for octopus grows, efforts to farm these sentient cephalopods aren’t likely to cease any time soon. U.S. legislation banning octopus farming within our borders is a win for aquatic animal rights groups. While it is unclear whether or not octopus farms would ever make their way to American soil one day, the United States is one of the biggest importers of octopus. Washington’s legislation only bans actual farming, so the state might still contribute to the demand for octopus farms overseas. However, the OCTOPUS Act of 2024, a bipartisan bill introduced by the founders and co-chairs of the Senate Oceans Caucus, would also prohibit imports of farm-raised octopus from other countries. S. 4810, 118th Cong. (2023-2024). Federal legislation in the United States would undoubtedly have a greater financial impact on octopus farming operations in Spain. Foreign countries might be deterred from continuing the costly research and creation of octopus farms if a major importer isn’t in the market.

From humble beginnings as a Washington house bill, an octopus farming ban could be a step toward more animal welfare focused legislation for cephalopods. Aquatic farming in general has risen in popularity over the last few decades, so it is only natural that animal legislation adapts to market trends and consumer demands. As humans continue to deplete natural aquatic resources, we’re likely to see an increase in demand for other farm raised aquatic animals as well. This legislation is a peek into where people draw the line in aquatic farming today, but this line is sure to continue to move as these practices evolve.

Outside of this legislation’s impact on animal law, there is a potential human cost to such animal welfare legislation. Washingtonians criticized the introduction of this legislation because they felt it was a little tone deaf to the humanitarian needs of the state. Homelessness, opioid addiction, violent crime, and property crime are rampant issues in Washington. While Washington residents are generally very environmentally conscious, they denounced the use of legislators’ time and effort being spent on drafting highly proactive bills banning proposed animal farming practices. The octopus farming ban was proposed around the same time as a bill banning Styrofoam takeout containers, so residents may have been hyperaware of legislation they felt was not as important to the human welfare crisis. While this concern may not be as prevalent at the federal level, there is always a concern that legislative resources are being spent on issues that miss the mark in the eyes of the people.

By any measure, this type of legislation no doubt raises competing and evolving issues related to market pressures, sustainability and animal welfare, that will continue to be debated in the future.

D.C. Circuit Bounces Animal Rights Case on Standing Grounds

Animal rights groups often pursue consumer-type cases against food producers and argue that packaging claims and images supposedly mislead buyers into thinking that the animals turned into food were humanely raised.  The goal really isn’t transparency.  The goal is to use the cost of defending such claims to end the eating of animals as food.  On August 9, 2024, the D.C. Circuit knocked out such a case on standing grounds.  Animal Legal Defense Fund, Inc., v. Vilsack, No. 23-5009 (D.C. Cir. Aug. 9, 2024). Continue reading “D.C. Circuit Bounces Animal Rights Case on Standing Grounds”

Supreme Court Guts USDA’s Power to Assess Civil Penalties Under the Animal Welfare Act

Somewhat overshadowed by Chevron’s spectacular crash and burn last week was the Supreme Court’s decision the day before in SEC v. Jarkesy, No. 22-859 (U.S. June 27, 2024), holding that the SEC’s assessment of civil penalties in an administrative proceeding is unconstitutional because it deprives the party assessed of its Seventh Amendment right to trial by jury.  This result has particular significance for those regulated by the U.S. Department of Agriculture (USDA) under the Animal Welfare Act (AWA). Continue reading “Supreme Court Guts USDA’s Power to Assess Civil Penalties Under the Animal Welfare Act”

USDA and DOJ Announce Top Priorities for Civil Enforcement of the Animal Welfare Act

By Michelle C. Pardo and Brian Pandya

Last month, the Department of Justice Environmental and Natural Resources Division (ENRD), the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) and the USDA Office of General Counsel (OGC) announced the issuance of a Memorandum of Understanding (MOU) on civil judicial enforcement of the Animal Welfare Act (AWA).  What does this mean for USDA licensees and registrants?  Our Q&A breaks it down. Continue reading “USDA and DOJ Announce Top Priorities for Civil Enforcement of the Animal Welfare Act”

Fourth Circuit Sends Family Dog Shooting Case to Trial

The U.S. Court of Appeals for the Fourth Circuit recently reversed a summary judgment in favor of a police officer who had been sued for an unreasonable seizure under the Fourth Amendment arising out of an incident that had resulted in the shooting death of a pet dog.  According to the appellate court, the conflicting accounts of what happened could only be resolved by a jury.  Ray v. Roane, No. 22-2120 (4th Cir. Feb. 22, 2024). Continue reading “Fourth Circuit Sends Family Dog Shooting Case to Trial”

PETA’s Animal “Shelter” Continues as a Leader in Animal Death

Animal rights group People for the Ethical Treatment of Animals (PETA) recently posted the “news” that it had “newly obtained public records” showing that certain research universities had euthanized laboratory animals during the COVID-19 pandemic and that PETA had complained about this to the National Institutes of Health.  In its zeal to attack the use of animals in medical research, PETA described this as a “mass killing spree.”  What this ignores, however, as reported by The Chronicle of Higher Education back in 2020 when all this happened, is that universities made these difficult decisions because they had no choice.  Social distancing requirements that forced animal care personnel to stay out of the labs, precluded the delivery of proper animal care.  It was not humane to allow the animals to go without food, water and other husbandry.  But what we thought was particularly interesting is PETA’s use of the rhetoric “mass killing spree” in light of what goes on in its own facility in Norfolk, Virginia. Continue reading “PETA’s Animal “Shelter” Continues as a Leader in Animal Death”

Eighth Circuit Animal Rights “Ag Gag Law” Challenge Fail – Part II

Yesterday, we reported on a decision by the U.S. Court of Appeals for the Eighth Circuit that rejected a challenge by animal rights activists to a so-called “ag gag law” in Iowa.  In a parallel decision the same day, the court issued another opinion rejecting a First Amendment challenge by animal rights groups to another aspect of the same law.  Animal Legal Defense Fund v. Reynolds, No. 22-3464 (8th Cir. Jan. 8, 2024). Continue reading “Eighth Circuit Animal Rights “Ag Gag Law” Challenge Fail – Part II”

Animal Rights Challenge to Iowa “Ag Gag Law” Fails in Eighth Circuit

On January 8, 2024, the U.S. Court of Appeals for the Eighth Circuit rejected a constitutional challenge brought by the Animal Legal Defense Fund, People for the Ethical Treatment of Animals (PETA) and other groups to an Iowa statute that prohibits “agricultural facility fraud.”  Animal Legal Defense Fund v. Reynolds, No. 22-1830 (8th Cir. Jan. 8, 2024).  Statutes like this are often termed “ag gag laws” by their opponents.  The district court had declared that the law violates the First Amendment, but the court of appeals reversed. Continue reading “Animal Rights Challenge to Iowa “Ag Gag Law” Fails in Eighth Circuit”

Nonhuman Rights Project Loses Another Habeas Case for Elephants

As we have reported previously (here, here, here, here), an animal rights group called the Nonhuman Rights Project (NhRP) has a history of filing fruitless cases to establish that animals should have the same basic rights as people.  NhRP has used the common law and statutory writ of habeas corpus in an effort to “liberate” elephants and apes from various U.S. zoos and other facilities.  None of these cases has succeeded.  The most recent failure occurred this month in Colorado where a state court judge denied a habeas writ with respect to five African elephants residing at the Cheyenne Mountain Zoological Society.  Nonhuman Rights Project, Inc. v. Cheyenne Mountain Zoological Society, et al., No. 23CV31236 (Colo. Dist Ct., El Paso County Dec. 3, 2023). Continue reading “Nonhuman Rights Project Loses Another Habeas Case for Elephants”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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