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S T A T E O F N E W Y O R K
________________________________________________________________________
7421
2025-2026 Regular Sessions
I N S E N A T E
April 15, 2025
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Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to octo-
pus farming
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 13-0316-a to read as follows:
3 § 13-0316-A. OCTOPUS FARMING.
4 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
5 HAVE THE FOLLOWING MEANINGS:
6 A. "AQUACULTURE" MEANS THE PRODUCTION OF AQUATIC ORGANISMS UNDER
7 CONTROLLED CONDITIONS THROUGHOUT PART OR ALL OF THEIR LIFECYCLE.
8 B. "OCTOPUS" MEANS A CEPHALOPOD MOLLUSK WITH A SOFT BODY AND EIGHT
9 LIMBS BELONGING TO THE ORDER OCTOPODA, AND DOES NOT INCLUDE WILD CAUGHT
10 OCTOPUSES OR OCTOPUSES PROPAGATED, CULTIVATED, MAINTAINED, REARED, OR
11 HARVESTED ONLY FOR RESEARCH PURPOSES UNRELATED TO COMMERCIAL PRODUCTION.
12 2. PROHIBITION. A. NO PERSON SHALL ENGAGE IN THE AQUACULTURE OF ANY
13 SPECIES OF OCTOPUS IN THE STATE FOR THE PURPOSE OF HUMAN CONSUMPTION.
14 B. NO BUSINESS ENTITY SHALL SELL, POSSESS, OR TRANSPORT ANY SPECIES OF
15 OCTOPUS IN THE STATE THAT IS THE RESULT OR PRODUCT OF AQUACULTURE.
16 § 2. Section 71-0925 of the environmental conservation law is amended
17 by adding a new subdivision 7-d to read as follows:
18 7-D. IF THE VIOLATION WAS AN ACT PROHIBITED BY SUBDIVISION TWO OF
19 SECTION 13-0316-A OF THIS CHAPTER, OR ANY RULE OR REGULATION ADOPTED
20 PURSUANT THERETO, NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY AND
21 EACH OFFENSE. THE DEPARTMENT MAY ADOPT POLICIES FOR THE COLLECTION OF
22 PENALTIES.
23 § 3. This act shall take effect immediately. Effective immediately,
24 the addition, amendment and/or repeal of any rule or regulation neces-
25 sary for the implementation of this act on its effective date are
26 authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09910-02-5