II 118th CONGRESS 2d Session S. 4810 IN THE SENATE OF THE UNITED STATES July 25, 2024 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 A BILL 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.

1. Short title This Act may be cited as the Opposing the Cultivation and Trade of Octopus Produced through Unethical Strategies Act of 2024 or the OCTOPUS Act of 2024 . 2. Definitions In this Act: (1) Aquaculture The term aquaculture , with respect to octopus, means the farming of octopuses to be slaughtered for human consumption or use. (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) United States The term United States means the 50 States, the District of Columbia, and the territories and possessions of the United States. (5) 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. 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; and (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. 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 (b) Effective date Subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 1 year after the date of the enactment of this Act.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. 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. 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. 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.