Scales of justice: Could ruling fish are ‘sentient’ put anglers in court?

Anglers in Scotland fear their sport may be criminalised after Scottish Government animal welfare experts recommended anti-cruelty laws be extended to include fishing.

The Scottish Animal Welfare Commission (SAWC), an independent body that advises ministers, has published a report arguing fish are sentient beings and deserve the same legal protection as other creatures such as sheep, cattle, cats and dogs.

Among its recommendations is amending regulations to cover “actions that occur in the normal course of fishing”.

Such a move could outlaw many aspects of angling such as hooking a fish and removing it from the water.

In the report, the SAWC singles out the practice of “catch-and-release” as particularly harmful to fish – even though it is a key part of coarse fishing and is actively encouraged on many Scottish rivers as the best way to preserve salmon stocks.

Fishermen have reacted with fury at the prospect of such measures.

Kirk Norbury, of Country Sport Scotland, said: “Anglers could be exposed to legal action for carrying out normal and accepted fishing practices such as casting, landing, briefly handling fish, using a net, and releasing them safely. These actions are done with care and in line with high welfare standards, especially in catch-and-release angling.”

He added: “Further restrictions on fishing would risk damaging rural communities and local businesses that rely on visiting anglers. This potential change in the law would cause significant damage to the very efforts of the people who do the most to protect our rivers and fish stocks.”

In February, the SAWC was at the centre of an international outcry after it suggested banning cat ownership in some parts of the country in a bid to protect small mammals and birds.

First Minister John Swinney was later forced to deny the SNP government was planning to ban pet cats.

In its latest report the SAWC states: “Given that fish are sentient, their welfare needs should receive the same consideration in the formulation and implementation of policy as those of terrestrial vertebrate species.”

The main law protecting animals north of the border is the Animal Health and Welfare (Scotland) Act 2006. However, activities that occur in “the normal course of fishing” are exempt. According to the SAWC, this means fish can be subjected to treatment which would be considered cruel if it involved other animals such as pets or livestock.

The report states: “Some of those acts would be illegal if committed against other protected animals in comparable circumstances.”

In particular it highlights the practice of “catch-and-release” which, it states, “leads to the injuring of sentient animals, a significant proportion of whom may die following the experience”.

To address this, the report calls for changes in guidance for fishermen, saying: “Catch-and-release practices in game, coarse and sea angling should be given further consideration by the sports’ governing bodies and associations, in consultation with fish welfare experts.”

Significantly, it also recommends ministers change the law, stating that “the exclusion under Section 47(b) of the Animal Health and Welfare (Scotland) Act 2006 relating to acts carried out in the ‘normal course of fishing’ should be reviewed in the light of the current scientific evidence of fish sentience”.

Last night the Scottish Government said it had no immediate plans to change the law regarding angling, but would consider the SAWC’s report “in due course”, adding: “Fish farming, sea fisheries and angling are all cornerstones of Scottish national and local economies.”

Tory rural affairs and fishing spokesperson Tim Eagle said: “A heavy-handed approach from this SNP-backed quango is not the way to go about things.

“Instead of announcing proposals like this out the blue, these bureaucrats should be engaging with anglers and recognising its importance to Scotland’s economy.”