Municipal animal pounds are only authorized to impound or harbor dogs and cats. Decompression is not a recommended method of euthanasia by the American Veterinary Medical Association's Panel on Euthanasia. Therefore, a municipal animal pound is not authorized to use a decompression chamber to euthanize wildlife.

ANIMALS: MUNICIPALITIES: WILDLIFE: Honorable Matt Blunt Secretary of S~ate State Capitol Building 20 1 West Capitol A venue Jefferson City, MO 65101 Dear Secretary Blunt: Municipal anitnal pounds are only authorized to impound or harbor dogs and cats. Decompression is not a recotntnended method of euthanasia by the Atnerican Veterinary Medical Association's Panel on Euthanasia. Therefore, a municipal animal pound is not authorized to use a decompression chamber to euthanize wildlife. OPINION NO. 32-2003 January 31, 2003 You have asked this office whether it is legal for a municipal animal pound to use a decompression chamber to euthanize wildlife. In order to answer your question, we first look to the statutory authority granted to municipal animal shelters. Section 273.325.2(17) 1 defines "pound" or "dog pound" as "a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals[.]" See also 2 CSR 30-9.010(2)(JJ). The provisions of Sections 273.325 to 273.357 deal with regulating privately owned kennels, breeders, dealers, and pet shops, as well as publicly owned pounds. The Department of Agriculture has adopted regulations implementing these provisions. See 2 CSR 30-9.010, et seq. Political subdivisions have such authority as granted to them by the legislature. Harris v. William R. Compton Bond & Mortgage Co., 149 S.W. 603,609 (Mo. bane 1912). 1Statutory citations are to RSMo 2000. Honorable Matt Blunt Page 2 The authority granted municipalities under Section 273.325.2(17) is limited to "impounding or harboring seized, stray, homeless, abandoned, or unwanted animals." "Animals" are defined in Section 273.325.2(4) as "any dog or cat, which is being used, or is intended for use, for research, teaching, testing, breeding, or exhibition purposes, or as a pet." Based upon this definition of "animal," a municipal animal shelter is limited to handing dogs or cats. "Humane euthanasia" is defined at Section 273.325.2(14) as "the act or practice of putting an anitnal to death in a humane or instantaneous manner under guidelines and procedures established by rules promulgated by the director [of agriculture.]" The Department of Agriculture has stated "[ e ]uthanasia means the act of putting an anhnal to death in a humane manner and shall be accomplished by a method specified as acceptable by the Atnerican Veterinary Medical Association Panel on Euthanasia[.]" 2 CSR 30-9.010(2)(V). The Department has also adopted 2 CSR 30-9.020(14)(F)5, which states "All euthanasia of animals shall be accomplished by a method approved by the 1993 edition, or later revisions, of the American Veterinary Medical Association's Panel on Euthanasia." Section 578.005(7) defines "humane killing" as "the destruction of an animal accotnplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JA VMA 173:59-72, 1978); or more recent editions, but animals killed during the feeding of pet carnivores shall be considered humanely killed[.]" In this context, animal is defined more broadly as "every living vertebrate except a human being[.]" Section 578.005(3). The most recent version of the J oumal of the American Veterinary Medical Association's Report from the Panel on Euthanasia, Vol. 218, No.5, dated March 1, 2001, states at page 696 that: Decompression is unacceptable for euthanasia because of numerous disadvantages. ( 1) Many chambers are designed to produce decompression at a rate 15 to 60 times faster than that recotnmended as optimum for animals, resulting in pain and distress attributable to expanding gases trapped in body cavities. (2) Immature animals are tolerant ofhypoxia, and longer periods of decompression are required before respiration ceases. (3) Accidental recompression, with recovery of injured animals, can occur. (4) Bloating, vomiting, convulsions, urination, and Honorable Matt Blunt Page 3 defecation, which are aesthetically unpleasant, may occur in unconscious animals. Frotn the foregoing, it appears that municipal animal shelters are authorized to itnpound or harbor seized, stray, homeless, abandoned, or unwanted anitnals, with "animals" defined as "any dog or cat." See Sections 273.325.2(17) and 273.325.2(4). Use of decotnpression is not recommended by the American Veterinary Medical Association's Panel on Euthanasia. Therefore, such a method of destroying an animal in a municipal animal shelter is not allowed. CONCLUSION Municipal animal pounds are only authorized to impound or harbor dogs and cats. Decompression is not a recommended method of euthanasia by the American Veterinary Medical Association's Panel on Euthanasia. Therefore, a municipal animal pound is not authorized to use a decotnpression chamber to euthanize wildlife . . (JAY) NIXON Attorney General