S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8043--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced  by  M. of A. SIMONE, REYES, BURDICK, EPSTEIN, LAVINE, SIMON,
   WOERNER -- read once and referred to the  Committee  on  Environmental
   Conservation  -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 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:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 13-0316-a to read as follows:
 § 13-0316-A. OCTOPUS FARMING.
   1. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   A.  "AQUACULTURE"  MEANS  THE  PRODUCTION  OF  AQUATIC ORGANISMS UNDER
 CONTROLLED CONDITIONS THROUGHOUT PART OR ALL OF THEIR LIFECYCLE.
   B. "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.
   2.  PROHIBITION.  NO  PERSON  SHALL  ENGAGE  IN THE AQUACULTURE OF ANY
 SPECIES OF OCTOPUS IN THE STATE FOR THE PURPOSE OF HUMAN CONSUMPTION.
   § 2. Section 71-0925 of the environmental conservation law is  amended
 by adding a new subdivision 7-d to read as follows:
   7-D.  IF  THE  VIOLATION  WAS  AN ACT PROHIBITED BY SUBDIVISION TWO OF
 SECTION 13-0316-A OF THIS CHAPTER, OR ANY  RULE  OR  REGULATION  ADOPTED
 PURSUANT  THERETO,  NOT  TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY AND
 EACH OFFENSE. THE DEPARTMENT MAY ADOPT POLICIES FOR  THE  COLLECTION  OF
 PENALTIES.
   §  3.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 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.