April 25, 2006


Stephen L. Johnson, Administrator

U.S. Environmental Protection Agency

1200 Pennsylvania Ave. N.W.

Washington, DC  20460


Re:  Use of fish in toxicity testing


Dear Mr. Johnson:


Although it remains uncertain whether or not fish are capable of feeling "pain" in a manner analogous to humans, mounting scientific evidence indicates that they can indeed experience physiologically felt discomfort; whether or not this discomfort is experienced as "pain" per se, it cannot reasonably be denied as constituting a form of suffering.  Researchers at the Roslin Institute, for instance, have demonstrated that, when fishes are exposed to noxious stimuli, they exhibit behaviors which extend beyond that of a mere reflex response and enter the realm of perceived distress.  Moreover, while the "sentience," or degree of consciousness, held by fishes is likewise still considered to be debatable subject, studies have made it clear that they are capable of learned behaviors, and may thus be considered to have – in however rudimentary fashion – some capacity for abstraction, and consequently may also be considered to have some degree of emotive response to their environmental conditions.  In light of all this, it would seem correct to state that fishes are the possessors of, at the very least, an experiential consciousness; have a desire to avoid contact with substances which will cause them harm; and seek out conditions favorable to their continuance and well-being.  Fishes are, in short, demonstrably capable of expressing all the prerequisites necessary to make them candidates for protection against undue cruelty.


The Environmental Protection Agency (EPA) currently requires companies to subject thousands of fishes each year to deadly poisoning studies in order to evaluate the potential consequences of chemical pollution on rivers, lakes, and oceans.  In these studies, groups of fishes are exposed to increasing concentrations of a test chemical through the water that they live in until a level is reached at which half of them die.  Clearly, the fishes involved in these studies are subjected to conditions which will cause them suffering.  The European Centre for Validation of Alternative Methods (ECVAM) recently issued a statement endorsing a "Step-Down" approach to aquatic toxicity testing; this approach makes use of algae and daphnia as the first step, or "tier," for chemical testing, and does so in such a way as to reduce the number of fishes used from 65.0% to 72.8%.  Adoption of such a strategy by the EPA would significantly reduce the amount of suffering caused by chemical testing.


It is easy to overlook or ignore the suffering of fishes in our desire to create a more "chemically safe" environment; and while the suffering of some may arguably be said to be a reasonable price to pay in order prevent environmental dangers which, if left unchecked, would likely bring suffering to many more, when realistic alternatives to present testing procedures exist, it seems morally unconscionable not to make use of them.  I am, therefore, writing to urge you to closely consider the possibility of adopting a new protocol with regard to your chemical toxicity testing program, one that would bring it in accord with the approach recently outlined by ECVAM.



Yours sincerely & etc. . . .







ECVAM Report on the "Step-Down" Approach to Toxicity Testing (pdf file)


EPA Reply to Letter


Response to EPA Letter






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