Prohibits aquaculture of any species of octopus for purpose of human consumption.

A1537

ASSEMBLY, No. 1537

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Assemblyman CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblyman ALEXANDER "AVI" SCHNALL

District 30 (Monmouth and Ocean)

Co-Sponsored by:

Assemblyman Kennedy, Assemblywomen Peterpaul, Donlon,
Assemblyman Hutchison, Assemblywoman Kane, Assemblyman Singh, Assemblywoman
Swain, Assemblyman Clifton and Assemblywoman Haider

SYNOPSIS

���� Prohibits aquaculture of any species of octopus for
purpose of human consumption.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
prohibiting the aquaculture of any species of octopus
for the purpose of human consumption and supplementing Title 4 of the Revised
Statutes.�

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� As used in this
section:

���� �Aquaculture� means the same
as defined in section 3 of P.L.1997, c.236 (C.4:27-3).

���� �Octopus� means a cephalopod
mollusk with a soft body and eight limbs belonging to the order Octopoda, and
does not include wild caught octopuses or octopuses propagated, cultivated,
maintained, reared, or harvested only for research purposes unrelated to
commercial production.

���� b.��� No person shall engage
in the aquaculture of any species of octopus in the State for the purpose of
human consumption.

���� c.���� No business entity
shall sell, possess, or transport any species of octopus in the State that is
the result or product of aquaculture.

���� d.� A person who violates any
provision of this section, or any rule or regulation adopted pursuant thereto,
shall be subject, upon order of a court, to a civil penalty not to exceed
$1,000 per day of the violation, and each day during which the violation
continues shall constitute an additional, separate, and distinct offense.� Any
civil penalty imposed pursuant to this subsection may be collected with costs
in a summary proceeding pursuant to the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.), or may be collected in a civil action
commenced by the Secretary of Agriculture.� In addition to any penalties, costs
or interest charges, the Superior Court, or the municipal court as the case may
be, may assess against the violator the amount of economic benefit accruing to
the violator from the violation.

���� e.� The Secretary of
Agriculture may adopt rules and regulations, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to
implement the provisions of this section.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill prohibits the
aquaculture of any species of octopus for the purpose of human consumption.� In
addition, this bill prohibits a business entity from selling, possessing, or
transporting any species of octopus that is the result or product of aquaculture.�
Any violation of the bill�s provisions would be subject to a civil penalty not
to exceed $1,000, and each day during which the violation continues would
constitute an additional, separate, and distinct offense.�

���� The practice of octopus
aquaculture has raised ethical and environmental concerns due to the highly
advanced cognitive abilities and complex behaviors exhibited by these animals.�
Octopus farming practices and conditions, including inadequate living environments
and confinement, may subject octopus to significant stress and suffering,
compromise their well-being, and lead to adverse behavioral changes.� As
carnivores, octopuses require a high-protein diet sourced from wild fish and
shellfish which could substantially increase demand on marine resources,
further depleting fish stocks and disrupting marine ecosystems. Additionally,
octopus aquaculture poses further risks to the marine ecosystems due to the
heightened potential for the spread of infectious pathogens, which may impact
other marine species and ecosystems.