S. 1947 — OCTOPUS Act of 2025

This section establishes definitions for terms used in the Act, including (1) commercial octopus aquaculture as the farming of octopuses to be slaughtered for human consumption or use and sold through marketplaces; (2) exclusive economic zone as the zone established by Presidential Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note); (3) octopus as a member of the order Octopoda; (4) reexport as having the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801); (5) United States as the 50 states, the District of Columbia, and the territories and possessions of the United States; and (6) waters of the United States as having the meaning given that term in section 120.2 of title 40, Code of Federal Regulations.

This section prohibits the Secretary of Commerce from issuing permits or otherwise authorizing commercial octopus aquaculture operations in the United States, the U.S. exclusive economic zone, or U.S. waters; (2) requires coordination with the Secretary of the Interior to prevent such authorization by the U.S. Fish and Wildlife Service or other departments; and (3) directs the Secretaries of Commerce and the Interior to jointly issue, not later than one year after enactment, a final rule prohibiting such operations in those areas.

This section prohibits the importation into the United States and reexportation from the United States of commercially aquacultured octopus, including any living or dead specimens, parts, derivatives, or products containing them, effective one year after enactment. It imposes a civil penalty of up to $100,000 per violation, or the fair market value of the octopus involved, whichever is greater. The Secretary of Commerce, in coordination with the Secretary of the Interior and in consultation with the Commissioner of U.S. Customs and Border Protection, must issue a final rule to implement the prohibition.

This section requires persons importing into the United States any octopus—including living or dead specimens, parts, derivatives, or products containing them—to certify on the date of importation that such octopus is not commercially aquacultured.

This section exempts octopuses used solely (1) for public display by an accredited or licensed aquarium or zoo; (2) in a breeding program of an accredited or licensed aquarium or zoo; or (3) for research purposes carried out by an accredited or licensed aquarium or zoo, a museum, a college, a university, a Federal or State agency, or any other person under a State or Federal permit to conduct noncommercial scientific research—from the prohibitions in sections 3, 4, and 5.

This section directs the Administrator of the National Oceanic and Atmospheric Administration to ensure that one or more trade programs of the National Marine Fisheries Service require reporting of harvest methods for imports of octopus, including any value-added product composed fully or partially of octopus.