SUBMISION FROM THE SHELLFISH NETWORK WRITTEN EVIDENCE ON THE WELFARE OF CEPHALOPODS AND DECAPOD CRUSTACEANS TO THE DRAFT ANIMAL HEALTH AND WELFARE (SCOTLAND) BILL Definition of animal (All quotations are taken from the Report by Advocates for Animals, Cephalopods and Decapod Crustaceans, Their Capacity to Experience Pain And Suffering) While we understand that Section 14 of the draft Animal Health and Welfare (Scotland) Bill has given a definition of the term ‘animal’, this is so far restricted to vertebrates other than humans not in foetal or embryonic form. Revision has not yet included any invertebrates such as cephalopods and decapod crustaceans, although there is provision for them if scientific evidence can prove they are capable of experiencing pain and suffering. At present there seems to be no agreement on this as the Committee requires yet more evidence from the scientific community. Since pain and suffering are highly subjective, the scientific assessment of any capacity for these sensations lies in the method known as ‘argument by analogy’. (p3,3). There is a wealth of scientific evidence using this method showing that decapods and cephalopods possess the capacity to experience pain, and ‘should be given the benefit of the doubt in all human activities that have the potential to cause them suffering.’ (p3,3) Evidence for this can be shown from the fact that cephalopods and decapod crustaceans possess a nervous system and also a nociceptive system, which is the ‘ability to detect and respond to potentially painful, harmful or noxious stimuli.’ (p3,4) To prove that a creature is capable of suffering these sensations, scientists generally need to show that: 1. The creature has nervous and related neurochemical and physiological mechanisms. 2. There is some indication that it avoids or escapes painful situations. 3. It demonstrates behaviour which indicates the mental capacity to react and respond to situations. Both cephalopods and decapod crustaceans possess a nervous system and a nociceptive system. Also, opioid molecules have been found in these creatures and it is suggested that these have a role in mediating pain in crustaceans in a similar way to that found in vertebrates. These crustaceans also react to painful and threatening situations, avoiding them where possible. Cephalopods have a complex brain and nervous system and are capable of ‘complex and flexible behaviour.’ (p4,6) In fact, cephalopods and decapod crustaceans can be shown to fulfil the three criteria set out by the scientific community that the creature: ‘(1) is in principle capable of feeling pain, (2) gives some indication in its behaviour that it feels pain, and (3) can behave in ways that show some mental capacity.’(p8,4) In light of this evidence, and the fact that other jurisdictions such as New Zealand, The Australian Capital Territory, Queensland and Norway have included them in their Welfare laws, we believe that cephalopods and decapod crustaceans should be included as animals in the new Animal Health and Welfare (Scotland) Bill and therefore given the same protection as other animals. .