Comparing S 1080 → H4422 — An Act prohibiting the aquaculture of any species of octopu...

Struck = only in S 1080 · added = only in H4422.

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S1080 SENATE, No.
Chapter 130 of the General Laws is hereby amended by inserting after section 106 the following section:- Section 107.
1080 STATE OF NEW JERSEY 222nd LEGISLATURE   PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION     Sponsored by:
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Aquaculture”, waters used primarily and directly in the commercial cultivation of aquatic organisms including finfish, mollusk or crustacean in a controlled environment.
Senator NILSA I.
“Octopus”, a cephalopod mollusk with a soft body and 8 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.
CRUZ-PEREZ District 5 (Camden and Gloucester) Senator DOUGLAS J.
“Wild-caught‘ or “wild-captured" any species of octopus harvested from its natural marine environment.
STEINHARDT District 23 (Hunterdon, Somerset and Warren)   Co-Sponsored by:
(b) No person shall engage in the aquaculture of any species of octopus for the purpose of human consumption.
Senators Zwicker, O'Scanlon, Mukherji, B.Smith, Gopal, Stack and Diegnan         SYNOPSIS      Prohibits aquaculture of any species of octopus for purpose of human consumption.
(c) No business entity shall sell, possess or transport any species of octopus that is the result or product of aquaculture.
  CURRENT VERSION OF TEXT      Introduced Pending Technical Review by Legislative Counsel.
(d) Whoever violates any provision of this section or any rule or regulation adopted pursuant thereto, shall be subject, upon an 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.
   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:
Any civil penalty imposed pursuant to this section may be collected with costs in a summary proceeding pursuant to chapter 30A or may be collected in a civil action commenced by the commissioner.
       1.   a.  As used in this section:
In addition to any penalties, costs or interest charges, the superior court may assess against the violator the amount of economic benefit accruing to the violator from the violation.
     “Aquaculture” means the same as defined in section 3 of P.L.1997, c.236 (C.4:27-3).
(e) Nothing in this section shall prevent any:
     “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.
(i) person from engaging in the wild-capture of any species of octopus for the purpose of human consumption;
     b.    No person shall engage in the aquaculture of any species of octopus in the State for the purpose of human consumption.
and (ii) business entity from selling, possessing or transporting any species of octopus that is the result or product of being wild-caught.
     c.     No business entity shall sell, possess, or transport any species of octopus in the State that is the result or product of aquaculture.
(f) The division may adopt rules and regulations as may be necessary to implement the provisions of this section.
     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.
(g) Any species of octopus that are wild caught and land in the commonwealth shall be regulated under 322 CMR due to octopus being shipped and marketed throughout the country, regulations governing their transport, handling and sale are necessary to differentiate between aquaculture raised octopus product from wild caught octopus.
     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.