It’s Now Illegal to Farm Octopus in California — Here’s Why

It’s officially illegal to farm octopus in the state of California. 

On Friday, Gov. Gavin Newsom signed the bipartisan bill (which had zero opponents) that criminalizes the farming of octopuses for human consumption, based on the ideas that the aquatic animals are “highly intelligent,” have “long-term memory,” and have “have a well-developed nervous system.”

And, as the Los Angeles Times importantly noted, the bill also bans business owners and operators from “knowingly participating” in the sale of an octopus that has specifically been raised to be eaten by humans. 

“Octopuses are highly intelligent, curious, problem-solving animals. They are conscious, sentient beings that exhibit cognitive and behavioral complexity and are capable of experiencing pain, stress, and fear, as well as pleasure, equanimity, and social bonds,” the bill’s text reads in part. It adds, “Octopuses have a well-developed nervous system, large brains relative to their body size, and a high level of problem-solving ability. They are known for their ability to learn, use tools, and exhibit behaviors that suggest a level of consciousness. Octopuses also display flexibility in their responses to different situations, which is indicative of cognitive complexity.”

The bill also pointed to a 2021 study that showed that the animals also display aggression toward one another in confinement and the fact that the octopuses are carnivores, “requiring aquatic animal protein in their diets. Thus, farming them will further deplete fish stocks.”

The new ban could also have a major ripple effect for the rest of the nation, as California has now become the second state to prohibit octopus farming, following Washington state’s example. According to the Los Angeles Times, a similar law is working its way through the system now in Hawaii. 

“Octopuses are among the most intelligent, complex life on Earth. Farming them is not only inhumane but poses significant environmental risks,” Assemblymember Laura Friedman, who sponsored the bill, shared after the bill’s passing, according to NBC. “Rather than turning to unproven ‘farming’ methods to raise and slaughter octopuses, we should be protecting our marine ecosystem to better enable marine species to rebound.”  

There is one important caveat that NBC noted: Currently, there are no large-scale octopus farms in the state. However, this bill aims to be a proactive step in ensuring there will be none in the future. 

“Bipartisan support to ban commercial octopus farming in California underlines the state’s unified opposition to allowing the exploitive practice of factory farming to expand to another population of vulnerable animals,” Jennifer Hauge, the senior legislative affairs manager of the Animal Legal Defense Fund, shared in a statement. “We are pleased to see the bill signed into law and will continue to advocate for similar statewide and federal legislation to protect these targeted animals.” 

The bill does still leave room to fish octopus with a permit in state waters.