A Sydney fishmonger has become the first body in Australia to be convicted of animal cruelty over its treatment of a lobster.



Nicholas Seafoods was found to be in breach of the New South Wales Prevention of Cruelty to Animals Act for butchering and dismembering lobsters with a band saw, without adequately stunning or killing them.

RSPCA investigators observed workers separating lobsters’ tails from their bodies while they were still alive, a process they said caused “immense pain”.

Expert veterinary witness Associate Professor Culum Brown told Sydney’s Downing Centre court on Tuesday it was a “very poor” method. “These animals are covered under NSW animal welfare legislation because of their proven capacity to feel pain,” he said.

Crustaceans were added to the act in 1997, after scientific opinion shifted towards their capacity to feel pain, including a 1994 submission from the Queensland bureau of animal welfare.

Then MLC Richard Jones of the Australian Democrats told the Legislative Council that “crustaceans have a complex central nervous system and their behaviour shows that they feel pain” as he argued for the change.

The provision applies only to crustaceans in places where food is prepared, or where they are offered for retail sale.

NSW Department of Primary Industries guidelines recommend that lobsters, crabs and Balmain bugs be “immersed in a salt water/ice slurry for a minimum of 20 minutes” before they are killed.



Otherwise they say lobsters should be cut longitudinally, which destroys nerve centres relatively quickly and limits pain.

RSPCA inspector Tyson Hohlein said the organisation would not be actively pursuing more convictions, but hoped more stores would now be “more aware of the most humane way to euthanise crustaceans”.

He did not believe the practice was especially widespread. “When you look at the guidelines it’s pretty black and white and none of it was followed in this instance. It’s quite uncommon for us to get calls about lobsters, I would say most restaurants are aware of these guidelines and hopefully adhere to them.”

Nicholas Seafoods pleaded guilty and was fined $1,500.

Victoria has included fish and crustaceans in animal cruelty laws since 1996, and similar laws apply in the ACT and the Northern Territory.

The incident occurred at the busy Sydney Fish Market. Nicholas Seafoods has been contacted for comment.