OCTOPUS Act of 2025

The term commercial octopus aquaculture means the farming of octopuses to be slaughtered for human consumption or use and sold through marketplaces.

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).

The term octopus means a member of the order Octopoda.

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).

The term United States means the 50 States, the District of Columbia, and the territories and possessions 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.

(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.

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).

Subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 1 year after the date of the enactment of this Act.

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.

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.

(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.