California is set to consider banning the "controversial and cruel" practice of octopus farming.
Assemblymember Steve Bennett introduced AB 3162 the California Oppose Cruelty to Octopuses (OCTO) Act earlier this week.
This proposes a complete ban on octopus farming, which has been controversial for some time, according to the Animal Legal Defense Fund, which cosponsored the bill.
Although octopus is a delicacy all over the world, arguments for banning the farming of the creatures are wide-ranging.
Increasing evidence suggests that despite their other worldly appearance, octopuses feel pain and sadness. In 2021, a London School of Economics report stated that octopuses are "sentient beings," meaning they are capable of processing complex emotions.
Observations also suggest they are very intelligent. In 2009, scientists observed octopuses in Indonesia collecting discarded coconut shells, which they carried to a new location and used to build a shelter, in anticipation of encountering predators.
As a result of their intelligence, there are concerns that octopuses simply could not cope with being farmed and would suffer greatly. Their need for proper enrichment could never be met in such facilities, the Animal Legal Defense Fund reported. Scientists already know that octopuses are cannibalistic creatures, but when crammed together in small areas, they have been known to eat their own limbs.
"This is a key moment, not only in California but around the country, in the effort to protect octopuses from the scale of suffering that other animals already endure on factory farms," Animal Legal Defense Fund Senior Legislative Affairs Manager Jennifer Hauge said in a press release.
"Californians have demonstrated their concern for the welfare of animals, and this bill is an opportunity to continue that commitment by leading on this issue with proactive legislation," Hauge said. "We commend Assemblymember Bennett's efforts to stop octopus farming in its tracks in California."
Octopus farming has not yet been developed in the state, but the Animal Legal Defense Fund says the bill will position California as a "humane leader" on the developing issue. As plans continue into developing octopus farms in other areas of the world, the Animal Legal Defense Fund reports the bill with preempt "the controversial and cruel industry before it has an opportunity to develop in the state."
Similar bills have already been passed in Washington and Hawaii.
"These highly functional creatures have captured our fascination for as long as we have been telling stories," Bennett said in a press release. "Octopuses are primarily solitary creatures that are not suited for large scale breeding. They have demonstrated an aptitude for learning and their acute intelligence is becoming well recorded among the scientific community.
"Outside the U.S., there is a growing trend of recognizing the sentience of this eight-legged cephalopod and the inappropriateness of captive breeding and harvesting it. AB 3162 will prevent needless, systemic harm to these captivating animals."
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