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.