Official Guidance for Farmed Fish
Media credit to Viva!
The Scottish Government's Failure to Implement Official Guidance Endangers Farmed Fish Welfare
The Animal Law Foundation has written to the Scottish Government, urging it to implement official guidance for the protection of farmed fish. This omission has given rise to serious concerns of illegality within the fish farming industry, casting a shadow over the welfare of these aquatic animals.
A Critical Gap in Protection for Farmed Fish
Scotland, renowned as the world's third-largest salmon producer, is responsible for harvesting approximately 37.7 million salmon annually across 200 farms. However, this number does not take into account all of the salmon that die prematurely before completing the production process. Despite these huge numbers, unlike other farmed animals, there is no official guidance for farmed fish.
Fish in Scotland possess legal protections under the Animal Health and Welfare (Scotland) Act 2006, which requires that their keepers ensure their welfare needs are met, including the provision of a suitable environment and sparing them from unnecessary suffering. The Welfare of Animals at the Time of Killing Regulations (Scotland 2012) and The Welfare of Animals (Transport) (Scotland) Regulations 2006 provide further safeguards for farmed fish in Scotland. However, without official guidance, there is no official information for the industry on how to comply with these legal obligations. As a result, the conditions in which these salmon are farmed raise critical concerns regarding their welfare.
Repeated investigations into the fish farming industry, such as those by Animal Equality and Viva! have revealed significant welfare issues. Sea lice infestations, disease, improper stunning before killing, and enduring months in overcrowded, desolate cages have become distressing realities for farmed fish. The Animal Law Foundation argues that official guidance will help clarify how to meet welfare requirements.
The Need for Official Guidance
"The lack of official guidance on fish welfare makes it harder to give practical effect to the Animal Welfare (Scotland) Act 2006," emphasises Scottish Advocate Jamie Gardiner, pointing to the need for comprehensive guidance.
Ariane Burgess, Member of the Scottish Parliament for Highlands and Islands, states, "The least these animals deserve is for their basic welfare to be protected. Fish farm operators need to know how to meet their legal obligations to protect the fish they farm. That’s why guidance for the industry is so important."
Despite having the authority to do so under The Animal Health and Welfare (Scotland) Act 2006, the Scottish Government has, so far, refused to issue official guidance. Its stance relies on the existence of the industry's Code of Good Practice. However, this self-regulation lacks legislative backing, potentially compromising the welfare of farmed fish.
The industry's Code of Good Practice does not contain explicit information on how to comply with the law, leaving room for interpretation. Furthermore, when breaches occur, the Scottish Government's refusal to enforce them due to the code's non-official status exacerbates the issue.
Demanding Change and Accountability
"The welfare of farmed fish is a critical issue that demands our attention," states Vanessa Johansson, Media Officer at The Animal Law Foundation. "Official guidance is needed to ensure that legal compliance is understood and non-compliance is enforced. Currently, the Scottish Government won't create this guidance, instead relying on the industry Code of Good Practice, yet it won't enforce the one that already exists due to it not being an official code. This is a catch-22. It is unacceptable that the industry effectively regulates itself."
The Animal Law Foundation stands in full support of the recent recommendation from The Animal Welfare Committee, calling on governments to enact regulations that safeguard fish welfare during slaughter and killing. However, it is equally important to ensure that fish farmers understand how to comply with their current legal obligations at every stage of the farming process.
The call for official guidance for farmed fish in Scotland resonates as a crucial step towards ensuring their welfare and preventing further illegality and promoting accountability within the industry.
To learn more about The Animal Law Foundation's initiative and take action in support of official fish welfare guidance, visit our programme page.
