Memorandum submitted by The Shellfish
Network
DEFINITION OF
ANIMAL
1. (All quotations are taken from the Report
by Advocates for Animals, Cephalopods and Decapod Crustaceans,
Their Capacity to Experience Pain And Suffering).
2. So far the definition of the term "animal"
is restricted to vertebrates other than humans in the provision
of the Bill. Revision has not yet included any invertebrates such
as cephalopods and decapod crustaceans. At present EFRA has stated
that the Committee requires yet more evidence from the scientific
community that these creatures are capable of feeling pain and
suffering; requirements for "proof" in determining the
definition of animal.
3. 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)
4. 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:
A. The creature has nervous and related neurochemical
and physiological mechanisms.
B. There is some indication that it avoids
or escapes painful situations.
C. It demonstrates behaviour which indicates
the mental capacity to react and respond to situations.
5. 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 crustaeans also react
to painful and threatening situations, avoiding them where possible.
6. 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)
7. 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 Draft Animal Welfare Bill and
therefore given the same protection as other animals.
The Shellfish Network
November 2005
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