Scotland leads the way on fish welfare – now England must do the same for crustaceans

Scotland has taken an important step forward for animal welfare by producing the first official government guidance for farmed fish. For the first time, there will be clear, practical information explaining what the law’s vague protections actually mean, both during the lives of farmed fish and at the time of killing.

Guidance, issued under section 38 of the Animal Health and Welfare (Scotland) Act 2006, will ensure that the welfare of farmed fish is not just a principle on paper but a daily reality on Scottish aquaculture sites.

What the law says about farmed fish

Farmed fish must be spared any avoidable pain, distress or suffering during their killing and related operations.

Farmed fish are also protected under the Animal Health and Welfare (Scotland) Act 2006, which makes it an offence to cause or permit them unnecessary suffering, and for persons responsible for them to fail to take reasonable steps to ensure their welfare needs are met to the extent required by good practice.

Until recently there was no explanation on what these legal protections meant in practice, but now Scotland has committed to clarify how fish should be treated during their whole lifecycle under the law. This will join guidance issued in July on the welfare requirements at the time of killing.

What the law says about crustaceans in England

By contrast, in England, the legal protections for decapod crustaceans such as crabs, and lobsters remain largely theoretical.

Under the Animal Welfare (Sentience) Act 2022, crustaceans are now explicitly recognised as sentient beings. 

The Animal Law Foundation argues that this landmark recognition has activated the legal protections lobsters and crabs receive under the Welfare of Animals at the Time of Killing (England) Regulations 2015 (WATOK), which require that:

“No person engaged in the restraint, stunning or killing of an animal may—
(a) cause any avoidable pain, distress or suffering to that animal; or
(b) permit that animal to sustain any avoidable pain, distress or suffering.”

and that:

“The person killing these animals must have the knowledge and skill necessary to perform these operations humanely and efficiently.”

These provisions are vital, but without official guidance explaining how they apply to crustaceans, they remain vague and unenforceable in practice.

Why this matters

For fish, Scotland’s new guidance bridges the gap between the law and practice. It explains in detail how to meet the requirement that animals be “spared any avoidable pain, distress or suffering” during killing, outlining appropriate handling, stunning and slaughter techniques.

For crustaceans, however, there is no equivalent official guidance. This means there is no clear direction on what counts as humane killing, what methods cause “avoidable suffering,” or how staff should be trained to meet the legal requirement for skill and competence. Without such clarity, even well-intentioned operators lack a standard to follow and enforcement bodies lack a basis for action.

The role of The Animal Law Foundation

The Animal Law Foundation has been at the forefront of efforts to ensure that animal welfare laws are not merely symbolic but deliver real, enforceable protection for sentient animals. By promoting the practical application of existing legal duties, we are helping ensure that welfare standards evolve alongside scientific understanding of animal sentience.

Building on Scotland’s example, we are calling on the UK Government to produce official, science-based guidance under WATOK for crustaceans, guidance that makes clear what humane handling, stunning, and killing require, and what practices (such as boiling alive without prior stunning) are incompatible with the law.

A call to action

Scotland has shown what leadership looks like: combining legal clarity with compassion, ensuring that farmed fish are treated with the dignity the law already promises them.

England must now follow suit. The government should issue detailed guidance under WATOK for decapod crustaceans, reflecting their sentience and the growing scientific consensus that they can suffer. Only then will England’s laws truly protect these animals in practice, not just in theory.