Can Preventive Policies Like the OCTOPUS Act Truly Stop Animal Suffering?

Octopuses, with three hearts and remarkable intelligence, remain among the most intriguing non-human species ever studied. Despite their unsuitability for domestication, multiple plans are emerging to farm them intensively.

The most worrying proposal comes from the company Nueva Pescanova, which aims to establish Europe’s first octopus farm in the Canary Islands, as well as breed and kill over 1 million octopuses per year.

In the United States, hope takes the form of the OCTOPUS Act. Already passed in Washington State and California, this bill seeks to ban octopus farming altogether before it ever becomes reality. Animal rights organizations are not stopping there, as they plan to introduce this preventive bill in at least five additional states.

What exactly are preventive policies? Why are they becoming a preferred strategy for animal rights organizations?

Preventive policies function as a preemptive strike, making it possible to ban or regulate activities that have the potential to cause harm. Such policies are particularly valuable in the context of animal welfare because they can stop inhumane practices before they become ingrained, or before powerful lobbying groups form around them. As the old English proverb goes: “Better safe than sorry.”

Why do animal rights organizations favor preventive policies?

One of the most powerful, albeit challenging, ways of countering animal suffering at scale is through policy change. Over the past three decades, preventive policies have gained momentum as a key tool for environmental protection. More recently, animal rights organizations have also turned to this strategy as a way of protecting animals.

The OCTOPUS Act stands as a promising example of how we can protect animals before cruelty becomes entrenched.

Preventive policies are also more politically feasible. At present, octopus meat is caught wild, and local fishermen have not been targeted by the policy. They are even in favor of the OCTOPUS Act because it will protect their activities. There is less resistance to such a ban because no industry currently exists for farming octopuses. Contrast this with efforts to end factory farming for chickens or pigs, where deeply entrenched lobbies make change difficult.

Overall, preventive policies lay the groundwork for long-term, sustainable change. They can create a ripple effect, setting a precedent that can inspire other countries to follow suit. Eurogroup for Animals has already suggested that the European Union should consider similar legislation: “If the U.S. can do it, the E.U. can too.”

Do preventive policies live up to the expectations?

While preventive policies are powerful, they are not without drawbacks. Policies take a long time to draft, introduce, pass through the appropriate legislative bodies, and, at last, implement. In the interim, harmful practices may even develop in other jurisdictions. Preventive policies do not offer the immediate relief that animal advocates are hoping for.

Another concern is that restricting a practice through legal means could give rise to covert practices that are even more harmful or make it more difficult to ensure animal welfare standards. The demand for octopus meat could lead to illegal activities, such as black market trade or trafficking.

It is also challenging to quantify the precise impact of any one policy on animal suffering. Animal protection is multifactorial. Policies are just one piece of the puzzle that includes advocacy efforts, campaigns, public awareness, and social pressure as well as shifts in cultural attitudes. While the OCTOPUS Act may prevent octopus farming in the United States, how much animal suffering will be reduced? We cannot assume that harm will be entirely eradicated without continued effort across multiple fronts.

How can we ensure that preventive policies make a difference?

We must endorse a holistic approach to ensure that policies like the OCTOPUS Act carry the weight we intend. Science and research should inform the drafting of legislation, ensuring that laws are grounded in deep understanding of animal cognition and welfare. Simultaneously, advocacy campaigns and public pressure help generate the social momentum to push these policies forward.

Creative expressions—whether through art, film, or photography—can also play a significant role in raising awareness, in fostering empathy for animals, and in driving change. My Octopus Teacher is a brilliant example of this. While the impact of these efforts is even harder to quantify, they are often the spark that leads to legislative change.

Preventive policies alone are not a silver bullet, but they are an essential tool in the fight for animal welfare. The OCTOPUS Act stands as a promising example of how we can protect animals before cruelty becomes entrenched.

May this bill pass in many other states, create change internationally, and set a precedent to safeguard the lives of billions of animals.