wa-law.org > bill > 2025-26 > HB 1608 > Original Bill
The legislature finds that octopuses are highly intelligent animals that exhibit the ability to learn and problem solve. Octopuses use tools, solve puzzles, untie knots, and learn from observation. A new study indicates that octopuses may share a genetic trait with humans, called a transposon or "jumping gene," that could explain octopuses' intelligence and ability to cognitively process and adapt to their environment. In addition, octopuses are sentient beings capable of experiencing emotions, such as fear, pain, pleasure, stress, and affection. In 2024, the legislature prohibited octopus aquaculture in Washington for reasons including that an octopus' intelligence makes it difficult to execute and balance high welfare farming with a need for solitary enclosures. Octopus are solitary creatures that can become aggressive toward each other when kept in confinement and are known for being able to escape from many different types of enclosures. Therefore, the legislature intends to expand on protections for these highly intelligent and sentient beings by eliminating the economic market for farmed octopus.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Aquaculture" has the same definition as in RCW 15.85.020.
"Person" includes individuals, firms, partnerships, corporations, and associations.
A person may not knowingly sell, possess, transport, or distribute any species of octopus that is the result or product of aquaculture.
A person violating this section may be subject to a civil penalty of up to $1,000 for each violation. The attorney general, acting in the name of the state, may seek recovery of the penalty in civil action in superior court.