Life in a goldfish bowl earns protection from laws on animal rights

Their three-second memory means they are unlikely to remember whether they have been badly treated by their owners. But the humble goldfish is to be afforded new rights that could leave people who fail to cater for their pet fish's needs - including changing their water regularly - facing prosecution.

Their three-second memory means they are unlikely to remember whether they have been badly treated by their owners. But the humble goldfish is to be afforded new rights that could leave people who fail to cater for their pet fish's needs - including changing their water regularly - facing prosecution.

In a strengthening of the animal protection laws, goldfish, pond carp and even farmed salmon are to gain unprecedented legal protection from neglect and mistreatment. The size of goldfish bowls, and even the cleanliness of the gravel beneath them, will become a matter for animal welfare inspectors when the law comes into force.

Finding a fish floating upside down in its tank could even land a neglectful owner in court.

The Government confirmed yesterday that people who mistreat fish kept in aquariums and for "farming purposes" could be prosecuted, after an extension of welfare laws which apply to dogs and cats to domesticated fish.

A government report issued yesterday confirmed "the welfare offence will apply to farmed fish ... and fish kept in other situations where man is responsible, such as in aquariums".

Under a new animal welfare law, fishermen will be free to reel in their catch without fear of prosecution. But people buying a goldfish will have a legal duty to be mindful of their welfare needs.

"It's the way that you are looking after the fish that matters," said a spokesman for the Department for the Environment, Food and Rural Affairs. He added: "We don't want to impose impossibly high standards but there are basic good husbandry techniques you need to keep in mind when buying goldfish. People will need to think of the way they are treating them. We don't want to say their goldfish bowl must be 100 metres by 50 metres."

Pet fish are currently protected from cruelty, but an updating of the 1911 Act will introduce a fresh duty of care on owners. Cephalopods - squid and octopuses - are also on course to gain new rights, with the same protection as dogs, cats and horses.

The Government said it plans to review the law regarding cephalopods,with a view to reclassifying them as animals, because of evidence suggesting they feel distress and suffer pain.

Chefs who fail to consider the welfare of a squid when preparing it for a seafood salad could also find themselves in court.

But lobsters, crabs or crayfish - routinely boiled alive before being served up - have been rejected for further protection.

"We do not consider there is sufficient evidence to suggest that crustaceans can experience pain or suffering to warrant their inclusion," said the Government, in its response to a report on the draft animal welfare Bill.

The Government is also planning to afford better protection for wild animals, such as pheasants, bred for shooting. People would also have a duty to treat wild animals, such as deer hit by cars, humanely. The sale of pets, including birds and rats and mice, in fairs and over the internet is also to be regulated.

But an attempt to stop circuses using wild animals, including elephants, has failed. Their situation will be assessed case by case, to see whether their treatment is cruel under a tougher regulatory system.

The draft Bill was scrutinised by MPs on the House of Commons Environment, Food and Rural Affairs Committee. The MPs recommended that electric-shock dog collars, designed to force unruly canines into submission, be regulated. The docking of tails of working dogs should also be banned, the committee said.

But the Government confirmed in its response to the report that it had refused both suggestions.

"The main premise of the Animal Welfare Bill - of a 'duty of care' for pet owners to their animals - is something the RSPCA is delighted with," said Jackie Ballard, the director general of the RSPCA. "Yet by not curtailing the sale of electric shock collars, allowing the continued tail docking of working dogs and delaying the regulation of the greyhound racing industry, the Government is missing a huge opportunity to improve the welfare of many dogs compromised by these practices."

The Bill is expected to be published by the Government after the general election.