June 4, 2025
Mr. Whitehouse (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To prohibit 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies Act of 2025
or the OCTOPUS Act of 2025
.
Sec. 2. Definitions
In this Act:
(1) Commercial octopus aquaculture
The term commercial octopus aquaculture means the farming of octopuses to be slaughtered for human consumption or use and sold through marketplaces.
(2) Exclusive economic zone
The term exclusive economic zone means the zone established by Presidential Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note; relating to the exclusive economic zone of the United States of America).
(3) Octopus
The term octopus means a member of the order Octopoda.
(4) Reexport
The term reexport has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(5) United States
The term United States means the 50 States, the District of Columbia, and the territories and possessions of the United States.
(6) Waters of the United States
The term waters of the United States has the meaning given that term in section 120.2 of title 40, Code of Federal Regulations.
Sec. 3. Prohibition on authorizing commercial octopus aquaculture
The Secretary of Commerce—
(1)
shall not issue any permit or in any other way authorize any person to conduct commercial octopus aquaculture operations in the United States, the exclusive economic zone of the United States, or the waters of the United States;
(2)
shall coordinate with the Secretary of Interior to ensure commercial octopus aquaculture is not permitted or authorized through the United States Fish and Wildlife Service or any other department; and
(3)
not later than one year after the date of the enactment of this Act and jointly with the Secretary of the Interior, shall issue a final rule to prohibit commercial octopus aquaculture operations in the United States, the exclusive economic zone of the United States, and the waters of the United States.
Sec. 4. Prohibition on importation and reexport of commercially farmed or aquacultured octopus
(a) In general
The following are prohibited:
(1)
The importation into the United States of commercially aquacultured octopus, including any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives of such octopus.
(2)
The reexport of octopus described in paragraph (1).
(b) Effective date
Subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 1 year after the date of the enactment of this Act.
(c) Penalty
Any person who violates subsection (a) shall, for each violation, be subject to a civil penalty of not more than $100,000, or the fair market value of the octopus involved, whichever is greater.
(d) Rulemaking
The Secretary of Commerce, in coordination with the Secretary of the Interior and in consultation with the Commissioner of U.S. Customs and Border Protection, shall issue a final rule to prohibit octopus described by subsection (a)(1) from being imported into or reexported from the United States.
Sec. 5. Certification upon importation
A person that imports into the United States an octopus, including any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives of such octopus, shall certify on the date of importation that such octopus is not a commercially aquacultured octopus.
Sec. 6. Exceptions
Sections 3, 4, and 5 shall not apply with respect to octopus that are used solely—
(1)
for public display by an accredited or licensed aquarium or zoo;
(2)
in a breeding program of an accredited or licensed aquarium or zoo; or
(3)
for research purposes carried out by an accredited or licensed aquarium or zoo, a museum, a college, a university, a Federal or State agency, or any other person under a State or Federal permit to conduct noncommercial scientific research.
Sec. 7. Reporting of harvest methods for octopus imports
The Administrator of the National Oceanic and Atmospheric Administration shall ensure that one or more trade programs of the National Marine Fisheries Service require the reporting of harvest methods for imports of octopus, including any value-added product that is composed fully or partially of octopus.