If you overhear the recent Oscar - winning filmMy Octopus Teacher , you ’ll in all likelihood join octopus enthusiast in marveling at the incredible intelligence service of these complex and curious animals . It may ball over you , then , to learn that harmonize to the US federal authorities , octopuses are n’t considered “ fauna ” when it come to their discourse in federally fund research . The bizarre legal loophole is recognize by the Animal Welfare Act and National Institute of Health ( NIH ) and means that devilfish are n’t entitled to the humanistic treatment afford to other lab animate being . It means that animal welfare organisation have no force to put a stop to reported case of their mistreatment in federally fund research .
The legal standing seems juxtaposed to the cognitive and behavioral trait of octopus , which have seen them become increasingly frequent tryout subject in federally fund inquiry in late geezerhood , say areleasefrom Harvard Law School . Despite being animals , the condition put on to all of the cephalopods , many of which ( such as cuttlefish ) appear to have cognitive capabilities sufficient to understand suffering . A recent study ( not federally funded ) found theyunderstand pain in the neck , as well as feeling it , and organizations have campaigned againstoctopus farmingwhich they say is not primed for purpose considering the intelligence and short lifespan of these animals .
“ Under subsist police , cephalopod are not ask to be provided with “ the appropriate use of tranquilisers , analgesics , anesthetics , paralytic and mercy killing ” or “ appropriate pre - surgical and post - surgical veterinary medical and nursing guardianship , ” write clinical fellow Kate Barnekow of the Animal Law & Policy Program at Harvard Law School in an email to IFLScience . “ This means that cephalopod mollusk may be used in studies take for inhumane to conduct on other creature – or too expensive to lead on other animals that would legally be required to be provided with appropriate sedatives , pain in the ass - relievers , and operative care . ”
Because cephalopod mollusk are not considered “ beast ” under the current regulatory scheme , there is no room to accurately tell how many are being used in inquiry , explained Barnekow , but published enquiry and a recent capitulum in memberships to the Cephalopod International Advisory Council appears to indicate that the figure is increasing . The exact nature of the research in question is of course relevant when look at published studies , as not all of them are federally funded , but without a exchangeable system of rules for implementing timbre care control , it remains effectual and undetectable to cover cephalopod mollusk inhumanely in certain contexts .
In December 2020 , the Animal Law & Policy Clinic submitted additional exhibits in accompaniment of a petition put to the National Institute of Health to revise the existing lawmaking fence in the use of cephalopods in research . This included the filmMy Octopus Teacher , one of thescientific advisorsof which was a signer of the Petition which you may readhere .
