1

Contributions and comments of the FEAP on the options proposed by

DG SANCO for a New Strategy for Animal Welfare.

Presentation made at the AHAC meeting on 14th

Feb 2011 by Denis Simonin – Unit D5 Animal Welfare

I. ‘Fish’ differ from terrestrial animals and mean many species.

a. The FEAP request that the European Commission stop including fish under regulations that are intended for terrestrial mammals. The physical conditions for the farming of fish are by definition very different to the farming of terrestrial livestock.

b. Furthermore, there are many different fish species, each with different lifecycles, living in different waters, at different temperatures, having different needs, farmed in different environments (e.g. sea bass could be reared in extensive lagoon/wetland farms, intensive land based farms, off shore cages ). ‘Fish’ is not one species but many such as salmon, trout, sea bass, sea bream, carp, sturgeon... and have to be considered separately.

c. Because of their various specificities, the welfare indicators cannot be the same for all fish species. The results of several projects, such as CONSENSUS and COST 867 give some data’s but more research and investigation is required in order to clarify each fish species needs based on scientific results.

II. In favour of Codes of Best Practices

a. The aquaculture industry is aware of the growing importance attached to fish welfare and is leading the way in addressing the welfare debate.

b. The FEAP thinks that Industry Codes of practice are the best options to ensure good fish welfare and offer both consumer and producer a transparent and objective quality assurance system based on an understanding of the interactions between husbandry practices and a range of welfare indicators. Industry has the greatest first hand knowledge of fish welfare and appropriate fish husbandry, and can best implement operating procedures based on this practical experience. Codes of practice also gives importance to the training of personneldirectly involved with fish welfare.

III. Against Prescriptive Regulations

a. The aquaculture industry has experience of poorly drafted EU Regulation with regard to welfare, as demonstrated by Reg 1/2005 on the protection of live animals during transport. We must not be subject to the ramifications of such poorly thought out and drafted regulation again. In the drafting of the the text of the regulation, it appears no one considerate that by using the term “vertebrate animals” the terms of the regulation would therefore apply to fish. As such many totally inappropriate requirements and specifications were applied to fish farming, e.g. ‘feed animals during transport’ or ‘have a visual access to animals during transport’. Please view all remarks attached (ANNEX I).

b. One of the main objectives of EUROPE 20/20 Strategy is the creation of a ‘level playing field’ for all businesses. Yet any new Regulation will oblige EU producers to comply with new rules which would be an obstacle to the competitiveness of EU producers vs. ‘third countries’.

c. Aquaculture is a growing sector, in constant evolution, new regulations may be a brake to innovation, will be again contradictory to the Europe 20/20 Strategy.

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IV. The Council of Europe Experience on Farmed Fish Welfare The Standing Committee of the European Convention on the Protection of Animals kept for Farming Purposes of the European Council in Strasburg adopted, after many years of discussions the Recommendation concerning the welfare of farmed fish (which entered into force on June 5th 2006 – attached (ANNEX II). The recommendation which provides generic indicators on the welfare of farmed fish should have been integrated with species – specific annexes (for the most important species, i.e., salmon, trout, sea bass, gilthead seabream, carp…) regarding water quality, density, feeding, social/environmental behaviour and breeding facilities. But after five years no specific annex was adopted for different reasons, such as: the lack of scientific data, the variability in farming systems, lack of agreement among the members of the committee. This is a further indication of the functional difficulties in establishing a regulation to ensure an appropriate, science based legislative basis for farmed fish welfare.

Considering the options given in the powerpoint made at the AHAC meeting of the 14th February, the FEAP would be in favour of OPTION A in the short term, asking for more science based results related to the welfare of all farmed fish species; only then OPTION B CO-REGULATION could be envisaged. What is certainly essential is that in the development of any co-regulation under option B, the European Commission work in conjuction with the industry and the academic community, to develop objective, science based, regulation, based on the practical realities of fish farming with appropriate welfare indicators.

FEAP Secretariat – February 2011

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ANNEX I

Remarks on the possibility to fit the COUNCIL REGULATION (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related

operations to the transport of fish and agnaths (Lampreys, etc.)

Introduction: The meeting of FEAP attended on Tuesday 12th of May 2009 led FEAP members to comment

the 2005 regulation in order to ensure fish welfare during transport.

Page L 3/1

“ (7)[…]ensuring that veterinary checks at Community border inspection posts include comprehensive inspection of the welfare conditions in which animals are transported.”

This consideration implies that closed boxes may be opened for inspection, what could be bad for container viability and thus welfare (loss of oxygen, temperature modification, stress due to sudden exposure to light).

Page L 3/2

« (11) In order to ensure a consistent and effective application of this Regulation across the Community in the light of its basic principle according to which animals must not be transported in a way likely to cause injury or undue suffering to them, it is appropriate to set out detailed provisions addressing the specific needs arising in relation to the various types of transport. Such detailed provisions should be interpreted and applied in accordance with the aforesaid principle and should be timely updated whenever, in particular in the light of new scientific advice, they appear no longer to ensure compliance with the above principle for particular species or types of transport.”

Such provision encourages us to ask for special update of the regulation.

“(14) Poor welfare is often due to lack of education. Therefore, training should be a prerequisite for any person handing animals during transport and training should be provided only by organisations approved by the competent authorities.”

This consideration means that handling animals has always a potentially damaging effect. However, well packed fish in closed boxes or other container ensuring such protection may suffer much more from a common bad handling of the container than bad handling of fish, since it is protected by the package. Respecting directives written on the container can solve this issue properly and does not require specific training.

“(15) Welfare conditions of animals during transport result mainly from the day-to-day conduct of the transporters. Checks by competent authorities may be hindered as transporters can freely operate in different Member States. Therefore, transporters should be more accountable and transparent concerning their status and operations. In particular they should provide proof of their authorization, systematically report any difficulty and keep precise records of their actions and the results.”

In the case of closed containers, it is of key importance that the person responsible for packing has the ability to do it. But it becomes useless to rely on transporters since they don‟t have any access to fish, and, even more, it is better not to let them have a look in such types of containers. Point (16) is consistent with this argument.

4

Page L 3/3

OK

Page L 3/4

OK

Page L 3/5

« r) […]

(ii) the animals have been accommodated with sufficient bedding, untied, if possible, and watered for at least six hours prior to the time of departure from the assembly centre;”

Fish is not concerned neither by bedding, tie nor water since “assembly centers” are not dedicated to fish.

Page L 3/6

“(f) the transport is carried out without delay to the place of destination and the welfare conditions of the animals are regularly checked and appropriately maintained;”

Beware of the notion of „checking‟ since closed containers have no interest in being checked between packing and unpacking.

“(g) sufficient floor area and height is provided for the animals, appropriate to their size and the intended journey; “

Unsuited because the matter is on density per cubic meter of water compared to oxygen disponibility. Surface has no justification.

Volume of water is a more relevant parameter than area of floor or height.

“(h) water, feed and rest are offered to the animals at suitable intervals and are appropriate in quality and quantity to their species and size.”

This part of article has no interest and is inappropriate since farmed fish use a swim bladder to stay in the water column. Feed provision is dangerous for fish welfare since it can trigger asphyxia and useless stress.

Feed: As discussed at the meeting, this is not relevant to Fish due to the obvious welfare issues

Page L 3/7

“6. Transporters shall ensure that an attendant accompanies any consignment of animals except in the following cases:

(a) where animals are transported in containers which are secured, adequately ventilated and, where necessary, contain enough food and water, in dispensers which cannot be tipped over, for a journey of twice the anticipated journey time;”

It would be interesting to adapt point (a) to fish transport, which means, consider that ventilation is not important, since all fish transport has its own oxygenating system. Concerning feeding, please refer to previous comments on point (h) from Page L3/6.

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« Article 8

Keepers

2. Keepers shall check all animals arriving at a place of transit or a place of destination and determine if the animals are or have been subject to a long journey between Member States and with third countries. […]”

It is potentially harmful for fish packed in closed container to be unpacked for checking.

Page L 3/8

“Article 11

Requirements for long journeys transporter authorisations

1. The competent authority shall grant authorisations to transporters carrying out long journeys upon application, provided that:

(a) they comply with the provisions of Article 10(1);

(b) the applicants have submitted the following documents:

(i) valid certificates of competence for drivers and attendants as provided for in Article 17(2) for all drivers and attendants carrying out long journeys;”

This article is inappropriate because it requires for ALL Vertebrates valid certificates of competence even if all types of Vertebrates transport (Reptiles, Amphibians, Fish) don‟t need such certificates!

Page L 3/9

OK

Page L 3/10

Considering articles 18 and 19, would it be possible to certify (normalize, as for IATA ?) some models of closed containers used for fish transportation as convenient means of transport ? In the same way, it would ease all the sanitary considerations about transport means, particularly cleaning and time viability of certificates.

Page L 3/11

“Article 20

2. The competent authority shall inspect the following before and during any loading/unloading of livestock vessels to ensure that :

(a) the animals are fit to continue their journey;”

This inspection won‟t always be possible due to package and welfare considerations.

“Article 21

3. Where the competent authority considers that animals are not fit to complete their journey, they shall be unloaded, watered, fed and rested. »

Inappropriate. Complimentary water provision, feed and rest are not suited to fish transport and may lead to decreased welfare of fish.

There are no suitable and approved places to remove fish from a truck to „rest, feed and water‟ them.

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“Article 22

2. No consignment of animals shall be detained during transport unless it is strictly necessary for the welfare of the animals or reasons of public safety. No undue delay shall occur between the completion of the loading and departure. If any consignment of animals has to be detained during transport for more than two hours, the competent authority shall ensure that appropriate arrangements are made for the care of the animals and, where necessary, their feeding, watering, unloading and accommodation.”

A delay of 2 hours doesn‟t deserve such behavior from conveyors since fish has already all welfare conditions it needs. However, it should be added that a security on oxygen availability for fish should be foreseen in order to prevent fish from asphyxia in case of long delays. The worst scenario will lead to slaughtering according to the regulation advice.

Page L 3/12

OK

Page L 3/13

“Article 27

Inspections and annual reports by the competent authorities

1. The competent authority shall check that the requirements of this Regulation have been complied with, by carrying out non-discriminatory inspections of animals, means of transport

and accompanying documents.”

Unless it is unavoidable, such inspections should preserve packing conditions or undue a reasonable oxygen cost to the water containing fish.

Page L 3/14

“Article 34 […]

2) […]

2. […]

(c) the species and number of animals carried;”

How do we count fish? it‟s impossible. Best evaluation would rather be based on a precise error acceptance in numbering or on categories of abundance. It would become feasible.

Page L 3/15

OK

Page L 3/16

OK

Page L 3/17

“Article 36

8)

3. Bedding material shall be removed when a consignment of animals is moved from an enclosure

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and, after the cleansing and disinfecting operations provided for in point 1(c), shall be replaced by fresh bedding.”

Not suited to fish. Incorporate water which is the receiving medium.

“Article 36

8)

(c) Section B, paragraph 1 shall be replaced by the following:

„1. In addition to the provisions of Chapters II and III of Annex I to Regulation (EC) No 1/2005 applying to means of transport for loading and unloading animals, every control post must have suitable equipment and facilities available for the purpose of loading and unloading animals from the means of transport. In particular, such equipment and facilities must have a non-slip floor covering and, if necessary, be provided with lateral protection. Bridges, ramps and gangways must be fitted with sides, railings or some other means of protection to prevent animals falling off them. Loading and unloading ramps should have the minimum possible incline. Passageways must have floor coverings which minimize the risk of slipping and be so constructed as to minimise the risk of injury to animals. Particular care must be taken to ensure that no appreciable gap or step is allowed between the vehicle floor and the ramp or the ramp and the floor of the unloading area requiring animals to jump or likely to cause them to slip or stumble.‟;”

Unsuitable for fish.

Page L 3/18

OK

Page L 3/19

“ANNEX I

TECHNICAL RULES

(as referred to in Article 6(3), Article 8(1), Article 9(1) and (2)(a))

CHAPTER I

FITNESS FOR TRANSPORT

A4. When animals fall ill or are injured during transport, they shall be separated from the others and receive first-aid treatment as soon as possible. They shall be given appropriate veterinary treatment and if necessary undergo emergency slaughter or killing in a way which does not cause them any unnecessary suffering.”

Unfortunately unfeasible because of the difficulty to identify, catch without attempting to other fish individuals‟ welfare and dedicate convenient tank for receiving injured fish.

Page L 3/20

“ANNEX I

TECHNICAL RULES

(as referred to in Article 6(3), Article 8(1), Article 9(1) and (2)(a))

CHAPTER II

MEANS OF TRANSPORT

1. Provisions for all means of transport

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1.1. Means of transport, containers and their fittings shall be designed, constructed, maintained and operated so as

to:

(e) ensure that air quality and quantity appropriate to the species transported can be maintained;

(f) provide access to the animals to allow them to be inspected and cared for;

(g) present a flooring surface that is anti-slip;

(h) present a flooring surface that minimises the leakage of urine or faeces;

(i) provide a means of lighting sufficient for inspection and care of the animals during transport.

1.2. Sufficient space shall be provided inside the animals' compartment and at each of its levels to ensure that there is adequate ventilation above the animals when they are in a naturally standing position, without on any account hindering their natural movement.”

(e) should be clearer, we should consider oxygen provision to fish.

(f) is not always possible and sometimes will create welfare loss.

(g) has no interest

(h) has no interest

(i) is dangerous for fish welfare, low intensity light is better.

(i) Provision of light is not always in the best interests of the fishes welfare

Point 1.2. already commented, no interest and irrelevant. This is not that relevant to fish as long as stocking density and environmental parameters are correct.

1.6 The availability of a method to humanely kill fish on any journey over 3 hours would necessitate that a significant quantity of anaesthetic is carried by the staff on every journey over 3 hours. Is this actually required?

Page L 3/21

“3. Additional provisions for transport on roll-on-roll-off vessels

3.1. Before loading onto a vessel the master shall verify that when vehicles are loaded:

(a) on enclosed decks, the vessel is equipped with an appropriate forced ventilation system and it is fitted with an alarm system and an adequate secondary source of power in case of failure;”

Forced ventilation will bring no additional welfare to fish. We‟d better talk about oxygen availability.

“1.3. Facilities for loading and unloading, including the flooring, shall be designed, constructed, maintained and operated

so as to:

(a) prevent injury and suffering and minimise excitement and distress during animal movements as well as to ensure the safety of the animals. In particular, surfaces shall not be slippery and lateral protections shall be provided so as to prevent animals from escaping;”

The detail about slippery surfaces has no interest in fish transport.

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Page L 3/22

“1.4. (a) Ramps shall not be steeper than an angle of 20 degrees, that is 36,4 % to the horizontal for pigs, calves and horses and an angle of 26 degrees 34 minutes, that is 50 % to the horizontal for sheep and cattle other than calves. Where the slope is steeper than 10 degrees, that is 17,6 % to the horizontal, ramps shall be fitted with a system, such as provided by foot battens, which ensure that the animals climb or go down without risks or difficulties;

(b) lifting platforms and upper floors shall have safety barriers so as to prevent animals falling or escaping during loading and unloading operations.”

Irrelevant for fish.

1.6. Appropriate lighting shall be provided during loading and unloading.

Appropriate lighting will mean low intensity lighting for fish.

1.7. When containers loaded with animals are placed one on top of the other on the means of transport, the necessary precautions shall be taken:

(c) to ensure that ventilation is not impeded.

(c) is irrelevant.

1.10. Markets or assembly centres shall provide equipment for tethering animals when necessary. Animals not used to being tied shall remain untied. Animals shall have access to water.

Fish have already access to water. Rather ironic !

Page L 3/23

“1.12. Animals shall be handled and transported separately in the following cases:

(a) animals of different species;

(b) animals of significantly different sizes or ages;

(c) adult breeding boars or stallions;

(d) sexually mature males from females;

(e) animals with horns from animals without horns;

(f) animals hostile to each other;

(g) tied animals from untied animals.”

a) irrelevant for fish, for example, some pond fish from different species and even gender are transported together without any matter. d) is not possible. The other points are sufficient to describe the best way to transport fish.

“2.6. Sufficient ventilation shall be provided to ensure that the needs of the animals are fully met taking into account in particular the number and type of the animals to be transported and the expected weather conditions during the journey. Containers shall be stored in a way which does not impede their ventilation.

2.7. During transport, animals shall be offered water, feed and the opportunity to rest as appropriate to their species and age, at suitable intervals and in particular as referred to in Chapter V. If not otherwise specified, Mammals and Birds shall be fed at least every 24

10

hours and watered at least every 12 hours. The water and feed shall be of good quality and presented to the animals in a way which minimises contamination. Due regard shall be paid

to the need of animals to become accustomed to the mode of feeding and watering.”

Unsuitable for fish, please refer to previous comments.

“CHAPTER IV

ADDITIONAL PROVISIONS FOR LIVESTOCK VESSELS OR VESSELS TRANSPORTING SEA CONTAINERS

SECTION 1

Construction and equipment requirements for livestock vessels

2. Compartments where animals are to be transported shall be equipped with a forced ventilation system which gives sufficient capacity to change the air in its entire volume as follows:

(a) 40 air changes per hour if the compartment is fully enclosed and the clear height is less or equal to 2,30 meters;”

Irrelevant in fish transport.

Page L 3/24

“(b) 30 air changes per hour if the compartment is fully enclosed and the clear height is more than 2,30 meters;

(c) 75 % of the above relevant capacity if the compartment is partially enclosed.

3. Storage or production capacity for fresh water shall be appropriate to meet the water requirement laid down in Chapter VI taking into account the maximum number and the type of animals to be transported as well as the maximum duration of the intended journeys.

4. The fresh water system shall be capable of supplying freshwater continuously in each livestock area and sufficient receptacles shall be available to ensure that all animals have easy and constant access to fresh water. Alternative pumping equipment shall be available to ensure water supply in the event of failure of the primary pumping system.”

Aeration has no interest.

Water production is useless. Changing water would conduct to changes in physic-chemical composition which could harm fish, even more if water change is not completed upstream with oxygen enrichment.

“8. The following systems for livestock shall be equipped with a monitoring, control and alarm system in the wheelhouse:

(a) ventilation;

(b) fresh water supply and drainage;

(c) lighting;

(d) fresh water production if necessary.”

The whole 8. may harm fish !

Page L 3/25 to Page L 3/32

OK

Page L 3/33

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« Appendix

SECTION 1

PLANNING

Cell 5.2.Number of animals »

May we consider global evaluation? Refer to precedent remark. Same comment for “Section 2.Place of departure”

Page L 3/34

« SECTION 3

PLACE OF DESTINATION

Cell 4.4.Space allowances »

Space has no interest for fish, density has. (global evaluation of density)

! END OF COMMENTS (following pages are OK) !-->

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ANNEX II

STANDING COMMITTEE OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF ANIMALS KEPT FOR FARMING PURPOSES (T-AP)

RECOMMENDATION CONCERNING FARMED FISH

adopted by the Standing Committee on 5 December 2005

(In accordance with Article 9, paragraph 3 of the Convention, this Recommendation entered into force on 5 June 2006)

-------------------------------

PREAMBLE

(1) The Standing Committee of the European Convention on the Protection of Animals kept for Farming Purposes,

(2) Having regard to its responsibility under Article 9 of the Convention for the elaboration and adoption of recommendations to the Parties containing detailed provisions for the implementation of the principles set out in Chapter I of the Convention based on scientific knowledge concerning the various species of animals;

(3) Aware also of the established experience in the implementation of the principles of animal welfare set out in articles 3-7 of the Convention;

(4) Aware that the basic requirements for the welfare, including health of farmed fish consist of good stockmanship, husbandry methods appropriate to the biological characteristics of the animals and a suitable environment, so that the conditions under which farmed fish are kept fulfil their needs.

(5) Concerned with the possibility that the results of developments in breeding and biotechnology may further influence the welfare of farmed fish and aware of the need to ensure that such developments do not adversely affect their welfare, including health;

(6) Bearing in mind that it is an obligation of the Committee to consider any recommendation when relevant new knowledge is available and therefore wishing to encourage the continuation of research by all Parties with the object of making optimum use of new techniques to ensure that the needs of farmed fish are met and hence that their welfare, including health are good;

(7) Considering that in the light of established experience and scientific knowledge about the biological needs of fish, methods of husbandry and slaughter at present in commercial use may fail to meet all their needs and hence result in poor welfare;

Bearing in mind that the environment and management have to fulfil the animals’ biological

needs;

(9) Considering therefore that strong and continuous efforts have to be made to adapt existing systems and

methods and to develop new husbandry systems and methods in line with the Convention so that the needs of the animals can be met;

(10) Aware that scientific knowledge and practical experience indicate that the provision of a Recommendation concerning farmed fish is necessary;

has adopted the following Recommendation concerning farmed fish.

BIOLOGICAL CHARACTERISTICS OF FISH

General biological characteristics of fish

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a. When considering husbandry practices the following general biological characteristics of fish should be borne in mind:

• With a few exceptions, such as tuna, fish are cold blood animals (poikilotherms) and, as a result, their metabolic processes are dependent on the environmental temperature;

• Fish obtain the oxygen which they need from water via their gills and for some species via their skin. The heart and circulatory system are adapted to this means of respiration;

• The basic structure and function of muscles, liver, hormonal control mechanisms and nervous system are similar to higher vertebrates;

• The skin of the fish is the first line of defence against disease and provides protection from the environment. It contains sensory receptors for touch, pressure and pain and also has respiratory, excretory and osmoregulatory functions. Within the skin are pigment cells and, sometimes light emitting structures that provide for concealing, advertising or sexual behaviours. The skin also contains mucus glands, which secrete a protective layer over the skin, scales and occasionally poison secreting or electric organs;

• Most fish species show maximal emergency responses under stressful conditions, such as:

- when they are subjected to low oxygen tension in the water or the presence of certain noxious substances in the water or attacked,

- when they are removed from water.

However, in the same situations, certain species will show little behavioural reaction even though physiological stress response will be substantial.

b. Long lasting stressful events, poor water and feed quality, and behavioural problems, may result in immunosuppression and disturbance of reproduction and growth.

c. Fish respond to the environment and such characteristics are valuable in preserving life and maximising the biological fitness of individuals.

GENERAL PROVISIONS

Article 1

1. This Recommendation shall apply to farmed vertebrate fish (hereinafter named fish”).

2. Special Provisions contained in the Appendices to this Recommendation constitute an integral part thereof.

Article 2

When considering husbandry practices the biological characteristics of fish should be borne in mind. In particular, it has to be emphasised that in fish pronounced interspecies differences exist with respect to the requirements for water conditions, social behaviour and environmental structures.

All fish species kept for farming purposes, including new species and those already farmed, but not included in the species-specific Appendices to this Recommendation1, shall be farmed without detrimental effects on their welfare, including health, taking into account their biological characteristics, the scientific evidence and the practical experience available, and the farming system used.

STOCKMANSHIP AND INSPECTION

Article 3

14

1. Any person who owns farmed fish, or has farmed fish under his or her control (hereafter referred to as “the stockman”), and every person engaged in the keeping of farmed fish shall, according to their responsibilities, ensure that every reasonable step is taken to safeguard the welfare, including health of such fish.

2. A substantial period of training appropriate to their responsibilities, including practical experience, as well as continued training, are considered essential for those engaged in the keeping of fish.

3. A system of certificate of competence should be considered by the competent authorities at least for the stockman.

4. Farmed fish shall be cared for by a sufficient number of personnel with adequate training and experience of the fish and of the husbandry system used to be able to:

(a) recognise whether or not the fish are in good health;

(b) understand the significance of behavioural changes; and

(c) appreciate the suitability of the total environment for the fishes’ welfare, including health.

5. Fish should be caught and handled only by competent, trained staff, working under the supervision of the stockman and in accordance with Article 14.

6. The number of fish and farm units (group of enclosures such as ponds, cages, etc. situated in a same area), shall be such that, under normal circumstances, the stockman is able to ensure that animals are properly looked after to safeguard their welfare, including health.

Article 4

Farmed fish shall not be used for public spectacle or demonstrations, if such use is likely to be detrimental to their welfare, including health.

Article 5

1. Enclosures containing fish shall be inspected at least once a day, preferably more frequently, unless such a frequent inspection is impossible due to adverse weather or to the specific characteristics of certain extensive husbandry systems. Inspection should be made with minimal disturbance to the fish.

2. The inspection should focus on factors affecting adversely the welfare of the fish, and signs of abnormal behaviour, injury, poor health or increased mortality.

3. If fish are behaving abnormally, are injured or in poor health or if increased mortality is registered, the person responsible for their care shall act promptly to establish the cause and take remedial action, if necessary with the assistance of a veterinarian or other expert.

If such action requires fish to be examined closely, they must be handled in accordance with Article 14.

If the fish are to be killed, this shall be done humanely in accordance with Article 19.

4. Any dead or dying fish shall be removed as soon as possible in a way that does not adversely affect the welfare of those remaining.

5. Water quality (at least turbidity, oxygen, temperature, pH and salinity) shall be assessed; visually or with an appropriate technical device according to the parameter to be considered, with a frequency appropriate to the species and the system involved in order to avoid poor welfare, including health in fish.

ENCLOSURES, BUILDINGS AND EQUIPMENT

Article 6

15

1. Professional advice on health and other aspects of welfare should be sought when new farm units for farmed fish are planned or when existing farm units are modified.

2. New methods of husbandry, and new design of equipment and enclosures for fish should be comprehensively and objectively tested from the point of view of fish welfare, including health and when tests are undertaken, shall not be put into commercial use unless found to be satisfactory, in accordance with a procedure laid down by the competent authority.

Article 7

1. When the welfare, including health of the fish depends on automatic or other mechanical systems, effective alarm systems shall be installed. Where appropriate, backup systems shall be installed to secure the welfare of the fish, including their health, in case of possible power or equipment failure.

2. Sites shall be carefully chosen or designed so as to:

• ensure an adequate flow of clean water, of suitable quality, in the enclosures, according to the characteristics of the husbandry systems and to the species’ requirements; • minimise the risk from natural and man-made hazards.

3. Sites for sea-based units shall also be chosen so as to avoid excessive damage to fish under adverse sea conditions.

Article 8

1. The design, construction and maintenance of enclosures, buildings and equipment for farmed fish shall be such that they:

a. allow the fulfilment of essential biological requirements and the maintenance of good welfare, including health; b. facilitate management of the fish; c. minimise the risk of injuries and stress; d. avoid sharp corners, projections and material which may be harmful to the fish; e. allow a thorough inspection of the fish in accordance with the provisions of Article 5.1; f. are appropriate to the weather conditions and surroundings in which they are to be used; g. minimise the risk of escape of farmed fish and entry of wild fish; h. allow for the prevention and treatment of disease, in particular cleaning and disinfection, or where possible fallowing; i. allow for easy maintenance of good conditions of hygiene and water quality, including removal of waste, depending on the requirements of the fish and the systems.

2. Buildings, equipments and enclosures, shall be designed and maintained as far as possible to provide protection to the fish from predators.

3. A method for the removal of dead and moribund fish appropriate to the enclosures used shall be available.

4. Feeding equipment shall be designed, constructed, placed, and maintained in such a way that:

• contamination of the water is minimised; • all fish have sufficient access to feed to avoid undue competition between individuals; • it operates in all but severest weather conditions and • the amount of feed provided can be monitored.

5. Equipment used for size grading, netting and the mechanical transfer on-farm of fish should be designed so that fish are not injured during their operation. Where nets are used to handle fish, they shall cause as little injury as possible to the fish and the mesh size should be appropriate to the size of fish to avoid entanglement.

MANAGEMENT

Article 9

16

1. Measures shall be taken to minimise stress, aggression and cannibalism. Since fish grow at different rates, where appropriate, they shall be separated according to size. When grading is carried out it shall be done with a minimum of handling and shall cause a minimum of stress.

2. Stocking density shall be adjusted in line with the following criteria: - the biological needs of fish with regard to environmental conditions in addition to health and welfare; - the farming system used, in particular the ability to maintain water quality and the feeding technology.

Stocking density shall be based on knowledge of the water quality parameters and other local farming conditions, the physiology of fish and animal health and welfare indicators such as behaviour, the level of stress, injuries, appetite, growth, mortality and disease.

3. Enclosures should be regularly cleaned and – where possible - fallowed to reduce the risk of accumulation of agents that can harm the fish or induce diseases, and to prevent the spread of disease from one production group to another.

4. No substance other than those given for therapeutic or prophylactic purposes shall be administered to an animal unless it has been demonstrated by scientific knowledge or established experience that the effect of the substance is not detrimental to the welfare, including health, of the animals.

5. The routine use of medicines as part of a management system to compensate for poor hygienic conditions, poor management practices, or to mask signs of poor welfare such as pain and distress shall not be allowed.

Article 10

Where the welfare, including health of the fish depends on automatic or other mechanical systems, these shall be checked at least daily. Where defects are discovered these shall be rectified immediately, or, if this is impractical (e.g. in very rough seas) other appropriate steps taken to safeguard the welfare, including health of the fish until the fault can be rectified.

Article 11

1. All fish shall have access to adequate amount of nutritious, balanced and hygienic feed according to their physiological needs. Feed should be distributed in a way which precludes excessive competition between fish.

2. Before certain management practices, transport, slaughter or for therapeutic reasons, fish shall be starved in order to reduce metabolism and excretion of waste products. The period during which fish may be deprived

of food prior to certain management procedures or slaughter shall be appropriate to the species and take into account environmental conditions, in particular temperature. In any case, this period shall be kept as short as possible. Species-specific information on food deprivation is provided in the Appendices2.

3. The feeding, especially of fry and young fish shall be monitored.

4. Sudden changes in the type or quantity of feed and feeding procedures shall be avoided except where necessary for the welfare, including health of the fish. Methods of feeding which may be detrimental to the fish or adversely affect the water quality shall not be used.

Article 12

1. The parameters affecting water quality, such as oxygen, ammonia, CO2, pH, temperature, salinity and water flow, are interrelated. Their variation will influence the water quality and therefore affect the welfare of fish. Water quality parameters shall at all times be within the acceptable range that sustains normal activity and physiology for a given species unless certain parameters in exceptional situations cannot be managed by the farmers provided that the site has been chosen in accordance with Article 7. Water quality parameters shall also take into account the fact that the requirements of individual species may vary between different life-stages e.g. larvae, juveniles, adults or according to physiological status e.g. metamorphosis or spawning.

Species-specific water quality parameters are provided in the Appendices2. In recirculation systems special attention should be given to monitoring and management of water quality

2. Fish show varying degrees of adaptability to changing water quality conditions. Some degree of acclimatisation may be necessary and this should be carried out for a period appropriate for the fish species in

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question. Appropriate measures shall be taken to minimise sudden changes in the different parameters affecting water quality.

3. Oxygen concentration should be appropriate to the species and the context in which they are held. It will vary depending on abiotic factors (temperature, salinity, atmospheric pressure, carbon dioxide concentration, etc.) and it is affected by management practices (feeding, handling, etc.). In pond culture, the oxygen level should be monitored closely in case of high density and warm water. In recirculation systems, the oxygen level should be monitored continuously by way of a system which accurately reflects the oxygen available to the fish, and an alarm system should be in place. Oxygen levels can be increased by different means, such as aeration, direct oxygen injection, increasing the flow rate or reducing temperature.

4. Ammonia and nitrite are very toxic to fish and their accumulation to harmful levels shall be avoided. The toxic form of ammonia is unionised ammonia; the unionised portion of total ammoniac nitrogen concentration depends on pH, salinity and temperature. The accumulation of ammonia and nitrite can be avoided by different means according to the farming system used, such as increasing flow rate, reducing feeding, biofiltration, reducing density or temperature. 5. Carbon dioxide is produced by fish during respiration and dissolves in water to form carbonic acid thus lowering pH. The carbon dioxide level may be affected by plant and bacterial metabolism as well as by the temperature, salinity and alkalinity of the water. Accumulation of carbon dioxide to harmful levels shall be avoided, for example by using aeration systems or by chemical means, according to the farming system used.

6. pH depends on many water quality factors, among others the concentration of humic acids, CO2 and dissolved calcium salts. Where possible, pH shall be kept stable, as all changes in pH initiate complex water quality changes which may cause harm to the fish.

7. Water flow and water exchange should ensure, according to the farming system used, appropriate water quality for fish, once other factors - such as temperature and stocking density - have been taken into account, in such a way that excretion- and metabolism-related products are kept below the toxic levels.

Article 13

1. In the breeding of farmed fish, the stripping and milking process shall be carried out by trained and competent persons.

2. During the monitoring of fish prior to stripping and milking, sedation may be necessary. The number of times a fish is handled and exposed to sedation shall be minimised to limit injury and stress.

3. If live fish are to be stripped or milked, anaesthesia or sedation should be used as necessary for the species concerned.

4. Where compressed air is used to assist stripping and milking in live fish they must be fully anaesthetised.

5. If gonads are removed from fish, the animal shall be killed prior to their removal.

Article 14

1. Where handling is necessary, it shall be carried out with a minimum of stress and disturbance for the fish handled and to the other fish and for the shortest time possible. Sedation or anaesthesia may be appropriate.

2. Procedures and equipment used in handling fish shall be, maintained and operated to minimise stress and injury. When handled, the body of the fish shall be adequately supported and fish shall not be lifted by individual body parts only, such as the gill covers. The most preferable way is to handle fish without taking them out of the water (e. g. size grading by machines carrying water along the run). If fish have to be taken out of the water for handling, this shall be done in the shortest time possible and all equipment in direct contact with fish should be moistened.

3. Procedures involving pumping should minimise the risk of injury. In particular, it should be ensured that pumping height, pressure and speed, and the height from which fish fall when they emerge from the pump, are adjusted to this aim. All equipment must be free of rough surfaces liable to cause injury.

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4. Where fish are crowded to aid handling, the water quality and especially levels of oxygen should be monitored and kept within acceptable limits. The period in which fish are kept crowded should be as short as possible. If fish show sign of undue stress during crowding, immediate action must be taken as appropriate, for example, by increasing the volume available to fish or by addition of supplementary oxygen.

5. During treatments in an enclosure, water quality parameters shall be monitored and maintained at levels acceptable to the species concerned.

6. Packing live fish in ice as an on-farm handling practice shall not be allowed.

Article 15

For the transport of fish within a farm, the following provisions shall apply:

a. Fish shall be checked before transport and unfit or unhealthy fish shall not be transported, except for therapeutic reasons. Fish which die during transport shall be separated from the live fish as soon as possible, unless such operation adversely affects the welfare of those remaining.

b. Fish shall be inspected regularly. It is essential that:

• oxygen levels in transport tanks are maintained above the level set as a critical value of different fish species; • carbon dioxide levels are kept low; and • excessive changes in water temperature and pH are avoided.

c. Transport equipment shall be cleaned and disinfected where appropriate to avoid a spread of disease and in a manner which is not harmful to the fish.

Article 16

In the interest of good management, the responsibility for keeping on-farm records shall lie with the stockman. Records shall be kept of details of feeding, numbers and weight of fish, stocking density, growth and water quality measures, as well as the movements of fertilized eggs, gametes, fry and live fish onto or off the site, fish mortalities, diseases diagnosed, and medicines used.

CHANGES OF GENOTYPE

Article 17

1. Natural or artificial breeding procedures which cause or are likely to cause suffering or injury to any of the

animals involved shall not be practised; no animal shall be kept for farming purposes unless it can reasonably be expected, on the basis of its phenotype or genotype, that it can be kept without detrimental effects on its health or welfare.

2. In breeding programmes, at least as much attention shall be paid to criteria conducive to the improvement of fishes’ welfare and health, as to production criteria. The conservation or development of breeds or strains of fish, which would limit or reduce animal welfare problems shall be encouraged.

CHANGES OF PHYSICAL APPEARANCE

Article 18

1. For the purposes of this Recommendation, “mutilation” means a procedure carried out for other than therapeutic purposes and resulting in damage to or loss of a sensitive part of the body or the alteration of the bone structure.

2. The mutilation of fish shall be prohibited.

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3. Notwithstanding paragraph 2, marking methods may be used but only where they cause minimal damage to the fish.

EMERGENCY KILLING

Article 19

1. If fish are ill or injured to such an extent that treatment is no longer feasible and transport would cause additional suffering, they must be killed on the spot and without delay by a person properly trained and experienced in the techniques of killing except in an emergency when such a person is not immediately available.

2. The choice of the emergency killing method to be used depends on the farming system, on the species, on the size and on the number of fish to be killed; the need for rapid killing of large batches of fish for disease control purposes should also be considered.

The methods used shall either: a. cause immediate death, or b. rapidly render the fish insensitive until death supervenes, or c. cause the death of a fish which is anaesthetised or effectively stunned.

3. It is essential to monitor the effectiveness of the procedures used for emergency killing. Monitoring should be performed using reliable indicators such as the following:

• immediate and irreversible cessation of respiratory movements (rhythmic opercular activity);

• immediate and irreversible loss of eyeroll (vestibulo-ocular reflex - VOR), that is, the movement of the eye when the fish is rocked from side to side. In a dead fish the eye does not move.

If large groups of fish are to be killed, the effectiveness of the procedure should be determined on a sample.

4. Except when larger numbers of fish have to be killed rapidly, to protect their welfare or for disease control, carbon dioxide shall not be used.

5. Severing the gills or gill arches without prior stunning shall not be allowed.

RESEARCH

Article 20

Contracting Parties shall seek to encourage research on the developments of husbandry systems, which fully respect the biological needs and welfare, including health, of fish. Studies should in particular address:

• the development of husbandry systems, including stocking densities, and other limiting factors, inspection methods, predator control, and environmental stimulation, in order to improve the welfare, including health of these fish. Such studies should include the interrelationship between water quality, feed distribution, fish size, welfare and mortality;

• pain perception;

• food deprivation;

• methods of killing these fish and mass killing for disease eradication purposes;

• water quality parameters;

• other indicators of the welfare of fish.

SUPPLEMENTARY PROVISIONS

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Article 21

This Recommendation shall be reviewed within five years of coming into force. It shall be completed with:

• species-specific Appendices, as soon as adequate scientific knowledge or practical experience, in particular on the requirements for water quality, stocking density, feeding, social behaviour and environmental structures is available;

• an Appendix providing a description of certain emergency killing methods, as soon as adequate scientific knowledge or practical experience, is available.