Today's Law As Amended


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AB-3162 Octopus: aquaculture: prohibition.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) 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.
(b) Octopuses have long-term memory and are capable of retaining information and recognizing individual people. The octopus carries out extensive foraging trips and uses landmarks to navigate the course.
(c) 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 tools, and exhibit behaviors that suggest a level of consciousness. Octopuses also display flexibility in their responses to different situations, which is indicative of cognitive complexity.
(d) In a November 2021 London School of Economics analysis of over 300 studies, researchers found that because of the asocial, solitary nature of these creatures, they can become aggressive toward each other when kept in confinement.
(e) Octopuses are carnivores, requiring aquatic animal protein in their diets. Thus, farming them will further deplete fish stocks. An octopus’ feed conversion ratio is approximately 3 to 1, so the weight of feed to sustain an octopus is around three times its weight. Nitrogen and phosphorus waste would be a product of octopuses raised in confinement.

SEC. 2.

 Section 15007.5 is added to the Fish and Game Code, to read:

15007.5.
 (a) It shall be unlawful to engage in the aquaculture of any species of octopus for the purpose of human consumption.
(b) A business owner or operator shall not sell, possess, or transport any species of octopus that is the result or product of aquaculture.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.