The legal protection of farmed fish in Europe – analysing the range of EU legislation and the impact of international animal welfare standards for the fishes in European aquaculture

Abstract

Nowadays, fishes are one of the most exploited ‘farm’ animals. They are reared in marine and freshwater aquaculture farms, which represent one of the fastest growing food-producing industries worldwide. The numbers of fishes farmed, transported and slaughtered every year are enormous, with more than 100 billion fishes estimated to be killed per year, solely in aquaculture industries. They are kept in high densities, fattened for fast growth and slaughtered, just like in factory farming of terrestrial ‘farm’ animals. ‘Farmed’ fishes are regularly handled and transported according to their life stages between different farming systems and cages. In some cases, fishes are deprived of food up to 14 days prior to their slaughter, and commonly their killing is done either without prior stunning or using stunning methods, like CO2-stunning, causing pain and suffering. Despite the fact that a huge number of individuals is involved and that many farming practices impose pain, stress and suffering on the fishes, fish welfare only takes a back seat in public awareness. Fishes are sentient beings, and as such recognised by the EU in Article 13 of the Treaty on the Functioning of the European Union (TFEU). Especially taking into account that the EU has implemented a newly reformed Common Fisheries Policy (CFP) and is making great efforts to increase its aquaculture production within the next years, the present study deals with the question to what extent a ‘farmed’ fish in Europe is currently protected by EU law and if the international animal welfare standards set out by the World Organisation of Animal Health (OIE) are actually met.

Keywords

• fishes
• aquaculture
• farm animals
• farmed fishes
• sentient beings
• art. 13 TFUE