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Senate Bill S7421B

2025-2026 Legislative Session

Prohibits octopus farming

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Bill Amendments

co-Sponsors

2025-S7421 - Details

See Assembly Version of this Bill:
A8043
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§13-0316 & 71-0925, En Con L

2025-S7421 - Summary

Provides that no person shall engage in the operation of a marine hatchery or in the off-bottom or on-bottom culture of any species belonging to the order Octopoda unless for scientific or educational purposes for the purpose of human consumption.

2025-S7421 - Sponsor Memo

2025-S7421 - Bill Text download pdf

                             
                     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
                                ___________
 
 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:
 
   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.  A.  NO PERSON SHALL ENGAGE IN THE AQUACULTURE OF ANY
 SPECIES OF OCTOPUS IN THE STATE FOR THE PURPOSE OF HUMAN CONSUMPTION.
   B. NO BUSINESS ENTITY SHALL SELL, POSSESS, OR TRANSPORT ANY SPECIES OF
 OCTOPUS IN THE STATE THAT IS THE RESULT OR PRODUCT OF AQUACULTURE.
   § 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.
              

co-Sponsors

2025-S7421A - Details

See Assembly Version of this Bill:
A8043
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§13-0316 & 71-0925, En Con L

2025-S7421A - Summary

Provides that no person shall engage in the operation of a marine hatchery or in the off-bottom or on-bottom culture of any species belonging to the order Octopoda unless for scientific or educational purposes for the purpose of human consumption.

2025-S7421A - Sponsor Memo

2025-S7421A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7421--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2025
                                ___________
 
 Introduced by Sens. MARTINEZ, SALAZAR -- read twice and ordered printed,
   and  when  printed  to  be committed 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.
              

co-Sponsors

2025-S7421B (ACTIVE) - Details

See Assembly Version of this Bill:
A8043
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§13-0316 & 71-0925, En Con L

2025-S7421B (ACTIVE) - Summary

Provides that no person shall engage in the operation of a marine hatchery or in the off-bottom or on-bottom culture of any species belonging to the order Octopoda unless for scientific or educational purposes for the purpose of human consumption.

2025-S7421B (ACTIVE) - Sponsor Memo

2025-S7421B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7421--B
     Cal. No. 1307
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2025
                                ___________
 
 Introduced by Sens. MARTINEZ, BOTTCHER, BRISPORT, CANZONERI-FITZPATRICK,
   GIANARIS,  GONZALEZ,  MURRAY,  RAMOS, RHOADS, SALAZAR, TEDISCO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on Environmental Conservation -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted to the Committee on Environmental Conservation in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 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.  Section  13-0316  of  environmental  conservation  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  PROHIBITION. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 NO PERSON SHALL ENGAGE IN THE OPERATION OF A MARINE HATCHERY OR  IN  THE
 OFF-BOTTOM  OR  ON-BOTTOM  CULTURE OF ANY SPECIES BELONGING TO THE ORDER
 OCTOPODA UNLESS FOR SCIENTIFIC OR EDUCATIONAL  PURPOSES,  AS  AUTHORIZED
 PURSUANT TO SECTION 11-0515 OF THIS CHAPTER, AND UNRELATED TO THE CULTI-
 VATION OF THE SPECIES FOR 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 THREE  OF
 SECTION   13-0316 OF THIS CHAPTER, OR ANY RULE OR REGULATION PROMULGATED
 THEREUNDER, NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY IN VIOLATION
 THEREOF.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become    a  law.  Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 
              

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