Provides that no person shall sell any octopus that was bred, raised, or harvested under controlled conditions for the purpose of human consumption.
Summary
A08043 would add a new section to New York’s Environmental Conservation Law prohibiting the aquaculture of octopus in the state for the purpose of human consumption. The bill defines “aquaculture” broadly as the production of aquatic organisms under controlled conditions, and it defines “octopus” to exclude wild-caught octopuses and octopuses kept only for noncommercial research. In practical terms, the measure targets commercial octopus farming rather than wild harvest or scientific use.
The bill also creates a civil penalty for violations of the new prohibition, authorizing fines of up to $1,000 per day for each offense. It directs the Department of Environmental Conservation to enforce the ban and allows the department to adopt policies for collecting penalties. The act would take effect immediately, and any implementing rules or regulations needed on the effective date are authorized to be completed right away.
Impact
The bill would amend the Environmental Conservation Law by creating a new state-level ban on octopus farming for food production and by adding a corresponding penalty provision to the law’s enforcement section. It would affect aquaculture operators, seafood producers, and any businesses considering commercial octopus cultivation in New York, while leaving wild-caught octopus and noncommercial research activities outside the prohibition. The Department of Environmental Conservation would gain enforcement responsibility and authority to assess daily civil penalties for violations.
Sentiment
The committee votes suggest the bill has meaningful support but not unanimous agreement. It advanced from the Assembly Environmental Conservation Committee on a 21-9 vote and then from the Assembly Codes Committee on a 13-5 vote, indicating a generally favorable view among committee members. The lack of recorded transcripts limits insight into detailed debate, but the voting margins show that the proposal was supported by a majority while still drawing notable opposition.
Contention
The main point of contention is likely whether New York should prohibit a form of food-production aquaculture that some may view as a legitimate emerging industry versus an animal-welfare or environmental concern that warrants a ban. Supporters appear to favor preventing commercial octopus farming altogether, while opponents likely object to restricting a specific aquaculture sector and imposing new regulatory and financial burdens. The carve-outs for wild-caught octopus and research use suggest the bill is narrowly targeted, but the scope of the ban on human consumption remains the central issue.
Same As
Provides that no person shall engage in the operation of a marine hatchery or in the off-bottom or on-bottom culture of any species belonging to the order Octopoda unless for scientific or educational purposes for the purpose of human consumption.
Provides that no person shall engage in the operation of a marine hatchery or in the off-bottom or on-bottom culture of any species belonging to the order Octopoda unless for scientific or educational purposes for the purpose of human consumption.
Relates to the definition of New York state labelled beer; provides that a licensed farm brewery shall manufacture or sell New York state labelled beer and may manufacture or sell beer other than New York state labelled beer that the licensee has manufactured provided that certain conditions are met.
Provides that no affected state entity or public retirement system shall take any boycott-based adverse action or compile, maintain or publish any list of persons or entities for purposes of such action unless expressly authorized by the legislature.