HUMANE KILLING OF PROTECTED ANIMALS

The principle of refinement set out in ASPA section 2A requires that animals are killed with a minimum of pain,

suffering and distress.

6.1 How is the killing of animals regulated by ASPA?

Details regarding who may kill protected animals, the methods which may be used under different circumstances and any penalties, should these requirements not be met, are set out in ASPA section 15A. This section also refers

to other requirements expanded in ASPA section 2(7), and Schedule 1.

ASPA section 15A permits relevant protected animals to be killed intentionally only by a competent person using a method that is defined as appropriate. Note that killing an animal in breach of this requirement could be a

criminal offence. The terms ‘relevant protected animal’ and ‘intentionally’ are used in ASPA section 15A for the

purpose of setting out the law. It is not necessary to use them in general parlance with regard to the requirements

of ASPA. The way in which ASPA section 15A applies is described in the remainder of this section.

ASPA Schedule 1 lists killing methods appropriate for different types of animal, which are considered to be reasonably straightforward and can be performed consistently in a humane manner by someone who has received appropriate training and supervision.

ASPA section 2(7) defines the circumstances under which humane killing is a regulated procedure.

6.2 Who may kill a protected animal?

You must be registered as competent to kill animals in the register kept by the establishment licence holder. This registration will clarify the species and types of animals, and the killing methods, which are linked to the training and supervision you have undergone.

If you are to kill protected animals at a place other than a licensed establishment (POLE) you must be registered by the licence holder for the establishment named as the ‘primary availability’ for the project licence concerned. There are no legal constraints under ASPA for a person killing an animal in emergency circumstances. However, in such an emergency, where it is necessary for an animal to be killed as a matter of urgency, it is good practice to ensure an appropriate method of killing is carried out by a competent person whenever possible.

In addition to being registered at your establishment, you must hold appropriate personal licence authority to kill animals by methods authorised in a project licence, including a project licence which may specify places other than licensed establishments (POLEs).

You will need to have been adequately educated and trained in the killing of animals before your name can be entered in the register. You can receive theoretical training in the killing of animals, and can observe killing and can practise methods on dead animals (e.g. physical methods) prior to being entered in the register. However, you may not kill an animal until you are registered. Once registered, you must be supervised when killing animals until you have demonstrated that you are competent to kill animals of the type in question by the specific methods used.

6.3 Where may protected animals be killed?

Within a licensed breeding supplying or user establishment protected animals may be killed only in an area listed

Protected animals may also be killed at a place other than a licensed establishment (POLE), only if that place is authorised for the conduct of regulated procedures by project licence authority and the animal is being or has been subjected to a regulated procedure under the authority of that project licence.

There are no legal constraints under ASPA for a person killing an animal at a place other than a licensed establishment solely for the scientific use of its organs or tissues.

6.4 What methods may be used to kill protected animals?

See Figure 3 which summarises this information.

For protected animals kept at licensed breeding, supplying or user establishments, including those killed for scientific use of their tissues or organs, one of the following methods should be used, as appropriate:

●

● a method listed in Schedule 1 of ASPA;

●

● a method specified in the establishment licence;

●

● a method specified in a project licence, under which authority the animal has been used in regulated

procedures; ●

● a method complying with Article 4 of Council Regulation (EC) No 1099/2009 when used to kill

an animal used in an agricultural research project requiring animals to be kept under commercial farm conditions, the process of killing being completed by one of the methods listed in paragraph 1

of Schedule 1; or

●

● any method if an animal is already deeply anaesthetised (or at an equivalent level of unconsciousness

in the course of a series of regulated procedures) and will not regain consciousness and the process

of killing is completed by one of the methods listed in paragraph 1 of Schedule 1.

For licensed work at a POLE, a protected animal may be killed by a method specified in the project licence, by

a Schedule 1 listed method, or by a method specified as appropriate to that type of animal in the establishment

licence where the project is primarily authorised. In the case of a method specified in the establishment licence, both project licence and personal licence authority will be required.

If an animal, which has not been subject to regulated procedures under licence authority, is killed at a POLE for the post-mortem collection of organs or tissues for scientific use, ASPA does not regulate the process of killing. In such cases the method of killing should be humane such that the sanctions of other animal welfare legislation would not come into play.

Similarly, there are no ASPA requirements for killing a protected animal that has been set free or re-homed after completing regulated procedures, because it is no longer subject to the controls of the Act. In such cases the method of killing should be humane such that the sanctions of other animal welfare legislation would not come into play. Where it is necessary for a protected animal to be killed as a matter of urgency for animal welfare, public health, public security or environmental reasons, the method of killing is not specified by ASPA, nor is there a requirement for the person carrying out the killing to be on the establishment register. In practice, where the welfare of an individual animal at a licensed establishment is at stake, the person killing the animal would usually be registered and use a method which they were competent to apply.

6.5 Schedule 1 (Appendix D)

Schedule 1 to the Act lists killing methods appropriate for different types of animal, which are considered to be