It's now illegal to breed octopuses in California – here's why

It is officially illegal to breed octopus in the state of California.

On Friday, Gov. Gavin Newsom signed the bipartisan bill (which had no opponents) that criminalizes the breeding of octopuses for human consumption, based on the notion that the aquatic creatures are “highly intelligent,” have “long-term memories,” and “a have a well-developed nervous system.

And as that Los Angeles Times Of particular note, the bill also prohibits business owners and operators from “knowingly” engaging in the sale of an octopus specifically bred for human consumption.

“Octopuses are highly intelligent, curious and problem-solving animals. “They are conscious, sentient beings who exhibit cognitive and behavioral complexity and are capable of experiencing pain, stress and fear, as well as joy, equanimity and social connection,” the scientist Bill’s text reads in part. It continues: “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 of tools, and behavior that indicates a certain level.” Octopuses also show flexibility in their responses to different situations, indicating cognitive complexity.

The bill also pointed to a 2021 study that showed the animals show aggression toward each other even in captivity, and the fact that the octopuses are carnivores “that require aquatic protein in their diet. Therefore, breeding them will further decimate fish stocks.”

The new ban could also have a big impact on the rest of the country, as California is now the second state to ban octopus farming, following the example of Washington state. According to the Los Angeles Timesa similar law is currently working through the system in Hawaii.

“Octopuses are among the most intelligent and complex creatures on Earth. Not only is their cultivation inhumane, but it also poses significant risks to the environment,” Rep. Laura Friedman, who sponsored the bill, said after the bill’s passage, according to NBC. “Instead of resorting to unproven 'agriculture methods' to breed and slaughter octopuses, we should protect our marine ecosystem so that marine species can better recover.”

There is one important caveat that NBC noted: There are currently no large octopus farms in the state. However, this bill is intended to be a proactive step to ensure there will be none in the future.

“Bipartisan support for a ban on commercial octopus farming in California underscores the state's unified opposition to expanding the exploitative practice of factory farming to another population of endangered animals,” said Jennifer Hauge, senior manager of legislative affairs for the Animal Legal Defense Fund Expression. “We are pleased to sign the bill and will continue to advocate for similar state and federal legislation to protect these target animals.”

The bill still leaves room for squid fishing in state waters with a permit.