New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A5078 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 5078 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED DECEMBER 9, 2024
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3	3	ASSEMBLY, No. 5078
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5	5	STATE OF NEW JERSEY
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7	7	221st LEGISLATURE
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11	11	INTRODUCED DECEMBER 9, 2024
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15	15	Sponsored by: Assemblyman CLINTON CALABRESE District 36 (Bergen and Passaic) Assemblyman CODY D. MILLER District 4 (Atlantic, Camden and Gloucester) SYNOPSIS Prohibits aquaculture of any species of octopus for purpose of human consumption. CURRENT VERSION OF TEXT As introduced.
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19	19	Sponsored by:
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21	21	Assemblyman CLINTON CALABRESE
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23	23	District 36 (Bergen and Passaic)
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25	25	Assemblyman CODY D. MILLER
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27	27	District 4 (Atlantic, Camden and Gloucester)
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37	37	SYNOPSIS
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39	39	Prohibits aquaculture of any species of octopus for purpose of human consumption.
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43	43	CURRENT VERSION OF TEXT
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45	45	As introduced.
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49	49	An Act prohibiting the aquaculture of any species of octopus for the purpose of human consumption and supplementing Title 4 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. As used in this section: "Aquaculture" means the same as defined in section 3 of P.L.1997, c.236 (C.4:27-3). "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. b. No person shall engage in the aquaculture of any species of octopus in the State for the purpose of human consumption. c. No business entity shall sell, possess, or transport any species of octopus in the State that is the result or product of aquaculture. d. A person who violates any provision of this section, or any rule or regulation adopted pursuant thereto, shall be subject, upon order of a court, to a civil penalty not to exceed $1,000 per day of the violation, and each day during which the violation continues shall constitute an additional, separate, and distinct offense. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or may be collected in a civil action commenced by the Secretary of Agriculture. In addition to any penalties, costs or interest charges, the Superior Court, or the municipal court as the case may be, may assess against the violator the amount of economic benefit accruing to the violator from the violation. e. The Secretary of Agriculture may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this section. 2. This act shall take effect immediately. STATEMENT This bill prohibits the aquaculture of any species of octopus for the purpose of human consumption. In addition, this bill prohibits a business entity from selling, possessing, or transporting any species of octopus that is the result or product of aquaculture. Any violation of the bill's provisions would be subject to a civil penalty not to exceed $1,000, and each day during which the violation continues would constitute an additional, separate, and distinct offense. The practice of octopus aquaculture has raised ethical and environmental concerns due to the highly advanced cognitive abilities and complex behaviors exhibited by these animals. Octopus farming practices and conditions, including inadequate living environments and confinement, may subject octopus to significant stress and suffering, compromise their well-being, and lead to adverse behavioral changes. As carnivores, octopuses require a high-protein diet sourced from wild fish and shellfish which could substantially increase demand on marine resources, further depleting fish stocks and disrupting marine ecosystems. Additionally, octopus aquaculture poses further risks to the marine ecosystems due to the heightened potential for the spread of infectious pathogens, which may impact other marine species and ecosystems.
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51	51	An Act prohibiting the aquaculture of any species of octopus for the purpose of human consumption and supplementing Title 4 of the Revised Statutes.
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55	55	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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59	59	1. a. As used in this section:
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61	61	"Aquaculture" means the same as defined in section 3 of P.L.1997, c.236 (C.4:27-3).
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63	63	"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.
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65	65	b. No person shall engage in the aquaculture of any species of octopus in the State for the purpose of human consumption.
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67	67	c. No business entity shall sell, possess, or transport any species of octopus in the State that is the result or product of aquaculture.
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69	69	d. A person who violates any provision of this section, or any rule or regulation adopted pursuant thereto, shall be subject, upon order of a court, to a civil penalty not to exceed $1,000 per day of the violation, and each day during which the violation continues shall constitute an additional, separate, and distinct offense. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or may be collected in a civil action commenced by the Secretary of Agriculture. In addition to any penalties, costs or interest charges, the Superior Court, or the municipal court as the case may be, may assess against the violator the amount of economic benefit accruing to the violator from the violation.
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71	71	e. The Secretary of Agriculture may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this section.
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75	75	2. This act shall take effect immediately.
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81	81	STATEMENT
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85	85	This bill prohibits the aquaculture of any species of octopus for the purpose of human consumption. In addition, this bill prohibits a business entity from selling, possessing, or transporting any species of octopus that is the result or product of aquaculture. Any violation of the bill's provisions would be subject to a civil penalty not to exceed $1,000, and each day during which the violation continues would constitute an additional, separate, and distinct offense.
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87	87	The practice of octopus aquaculture has raised ethical and environmental concerns due to the highly advanced cognitive abilities and complex behaviors exhibited by these animals. Octopus farming practices and conditions, including inadequate living environments and confinement, may subject octopus to significant stress and suffering, compromise their well-being, and lead to adverse behavioral changes. As carnivores, octopuses require a high-protein diet sourced from wild fish and shellfish which could substantially increase demand on marine resources, further depleting fish stocks and disrupting marine ecosystems. Additionally, octopus aquaculture poses further risks to the marine ecosystems due to the heightened potential for the spread of infectious pathogens, which may impact other marine species and ecosystems.