PAIN AT THE

TIME OF KILLING

PROTECT CRUSTACEANS AT TIME OF KILLING

Decapod crustaceans - such as lobsters and crabs - are sentient invertebrate animals capable of experiencing emotions, pain and suffering. Yet these sensitive animals regularly experience prolonged and painful deaths in the UK, such as being boiled alive whilst completely conscious, which can take many agonising minutes to die.

At The Animal Law Foundation, we believe that these prolonged and painful deaths are contrary to the law and that safer and faster killing methods exist. We have outlined this in our legal letter to the government, calling on them to immediately enforce the Welfare of Animals at the Time of Killing Regulations 2015 (WATOK or Welfare at the Time of Killing Regulations 2015) for decapod crustaceans, along with publishing specific guidance that outlines legally compliant higher welfare killing methods for decapod crustaceans.

We have also been calling on the government to remove any misleading statements. For example when these animals were recognised as sentient by the government, it claimed that industry practices would not be affected. We do not agree with this position - not only does the law require the change, the recognition of their sentience should demand it.

This is all in the context of our 2023 YouGov poll which unveiled that 61% of the British public think it is unacceptable to cook decapod crustaceans (such as crabs and lobsters) by boiling them while still alive. This increased to 78% of Brits when they were asked to consider if the decapod crustaceans could feel pain during the process - which scientific consensus confirms they do. You can view the results in full here.

LEGAL PROTECTIONS FOR CRUSTACEANS

The Welfare of Animals at the Time of Killing Regulations 2015 makes it an offence to restrain, stun or kill applicable animals in a way that 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.

Moreover, the person killing these animals must have the knowledge and skill necessary to perform these operations humanely and efficiently.

Considerable scientific research, consolidated in the government commissioned London School of Economics (LSE) Review of the Evidence of Sentience in Cephalopod Molluscs and Decapod Crustaceans, highlights the advanced nervous systems of crustaceans, their sentience and their need for legal protection. These nervous systems enable them to feel pain, distress, and fear – sensations that are heightened when subjected to the agonising process of being boiled alive.

Alternative, safer killing methods exist, which would avoid a significant amount of the suffering. Lobsters and other decapod crustaceans can be electronically stunned and cut in a way to mechanically destroy their nervous system before being killed or cooked.

Decapods crustaceans are recognised as sentient under the Animal Welfare (Sentience) Act 2022. Relevant guidance would help inform the industry on legally compliant safer and faster killing methods for these deserving animals.

Academic and celebrity support 

We sent a letter to Defra signed by over 50 charities, legal academics, scientists and celebrities, calling on Defra to revise its position regarding the welfare of crustaceans at the time of killing and to acknowledge that boiling these animals alive is contrary to the law.

VICTORY 

Following years of hard work…

The Government has accepted our interpretation of the law and now recognises that boiling lobsters alive is illegal.

"We are overjoyed that lobsters and crabs will now get the legal protection they are entitled to and will no longer suffer as a result, as every animal deserves"

"Challenging the government over this issue has been particularly close to my heart, due to the extreme suffering boiling alive involves and the fact that it represents a clear example of the law on paper saying one thing, but the reality on the ground not reflecting that law. This discrepancy between the law and practice is sadly common across the board for animals under the law. However, we are delighted that the government has risen to the occasion and is taking its regulatory responsibilities seriously, which will prevent widespread illegality by the industry.”

Edie Bowles, Founder and Executive Director at The Animal Law Foundation