California's Bold Legislation: Recognizing Octopuses as Sentient Beings and Banning Their Farming

The smartest invertebrate of them all: the common octopus (Octopus vulgaris).Photo bywrangel/Getty Images/iStockphoto

In September of this year, Governor Gavin Newsom signed a bipartisan bill with no opposition in California that will criminalize and make illegal the farming of octopuses for human consumption. The bill also bans business owners, such as restaurants, from 'knowingly participating' in selling octopuses raised to be eaten. California will now become the second state in the country to prohibit octopus farming; the other is Washington state.

What is the reasoning behind these new protections? Cited in the bill is the proclamation that Octopuses are now considered sentient beings. A portion of the bill text reads;

"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…Octopuses have long-term memory and are capable of retaining information and recognizing individual people….Octopuses have a well-developed nervous system, large brains relative to their body size, and a high level of problem-solving ability"

In the wild, octopuses often use their arms to inspect humans, each of which may contain 10,000 neurons.Photo byAndrey Nekrasov Alamy

Additionally, the bill cites a 2021 study showing that Octopuses do not do well in confinement, become aggressive toward one another, and, since they are carnivores, require aquatic animal protein in their diets. Farming them would cause further harm to their dwindling stocks. 

California Assemblymember Laura Friedman, who sponsored the bill, named the California Oppose Cruelty to Octopuses (OCTO) Act, stated;

"Octopuses are among the most intelligent, complex life on Earth. Farming them is not only inhumane but poses significant environmental risks…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."   

Octopuses are increasingly appreciated for their significant cognitive abilities. They can learn new skills, navigate complex mazes, become masters of camouflage and building, use tools, recognize human individuals, and experience complex emotions. The 2020 Netflix documentary film My Octopus Teacher, in which a filmmaker documented the profound relationship he developed with a wild common octopus in a South African kelp forest, was a heartwarming and heartwrenching introduction and glimpse for many people into the lives and abilities of Octopuses. The film received critical acclaim and awards, ushering in a new wave of interest and advocacy for these magical creatures. 

Similar legislation has been introduced in Hawaii and the U.S. Senate. Legislatures in other coastal states are also considering similar bans on Octopus farming. In addition to animal welfare concerns, commercial farming can have serious environmental consequences, disrupting local marine ecosystems and creating pollution from aquaculture facilities.