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Not sure humane is a term I'd apply to use of fipronil. Spastic paralysis is not instantaneous or pleasant- even if the insect isn't sentient it's still capable of responding to noxious/nociceptive stimuli.Absolutely concur. The conditions don't presently exist in the UK for using fipronil custard which is why I am not advocating it's use at present and that includes the legal restriction on release. The point of raising this in conversation is to explore the issues in advance so that beekeepers can be better prepared to deal with velutina should conditions change.
That said, I believe there is enough wriggle room within the WCA 1981 to avoid prosecution. The definition of release requires release from a contained holding (at no point is there a contained holding) and release is into the environment but the animal has not been removed from the environment. There is also a defence of humane killing which allows transport to a place where the animal is killed. In this instance the animal is treated with a poison specifically to kill it at its place of death, i.e. its nest.
The disclaimer here is that this is only an opinion which is being explored as a matter of conversation and that individuals should not act on such opinion without taking proper legal advice. Far better to canvass local MPs to secure specific provisions within the WCA 1981 for dealing with velutina.
Otherwise you raise some interesting points.
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