Hawaii’s Proposed Rule Amendments Threaten Humane Cat Management and Exceed Agency Authority, Alley Cat Allies Argues

Honolulu, HI – August 26, 2026 – A critical legal battle is unfolding in Hawaii, as Alley Cat Allies, a prominent international animal advocacy organization, has submitted formal testimony opposing proposed amendments to Hawaii Administrative Rule Chapter 13-124. The organization contends that these amendments, if enacted, would not only represent a significant overreach of the Department of Land and Natural Resources’ (DLNR) authority but would also dismantle decades of progress in humane community cat management, prioritizing lethal control over scientifically proven, compassionate methods like Trap-Neuter-Return (TNR).

The core of the dispute lies in DLNR’s proposed changes, which Alley Cat Allies argues exceed existing state law and agency power. Central to their opposition is the allowance for "lethal control," specifically empowering DLNR to "impound or destroy domestic animals that are not crated, caged, contained, or leashed." This provision, the organization asserts, would directly target community cats, which by their nature are often unconfined. Alley Cat Allies strongly condemns this approach, labeling it "ineffective, archaic, and cruel," and emphasizing that the destruction of one species to protect another is "morally indefensible," particularly when human development is the primary driver of species loss.

A Timeline of Concern and Advocacy

The proposed amendments have been under scrutiny since their introduction, prompting a swift and organized response from animal welfare advocates. Alley Cat Allies, a leader in advocating for cats since its founding in 1990, has been actively engaged in Hawaii, working with local partners on TNR programs and promoting cat-friendly policies. The organization’s submission of testimony follows a period of review and public comment, during which concerned citizens and organizations voiced their opposition.

The current legal framework surrounding wildlife protection in Hawaii, particularly Chapter 195D of the Hawaii Revised Statutes (HRS), is a key point of contention. Alley Cat Allies’ testimony highlights that HRS § 195D-6 authorizes DLNR to adopt rules to carry out the purposes of Chapter 195D, but crucially, the legislature expressly defined "take" in § 195D-2 to apply only to endangered and threatened species, specifically excluding indigenous species. Alley Cat Allies argues that the proposed amendments, by attempting to broaden the definitions of "take," "harm," and "harass" to encompass indigenous wildlife beyond those explicitly listed as threatened or endangered, constitute a substantive expansion of statutory reach that DLNR lacks the authority to enact through rulemaking.

Challenging the Premise: Causes of Species Loss

Alley Cat Allies’ argument extends beyond the procedural and legal aspects, delving into the scientific understanding of species loss. The organization points out that wildlife populations are influenced by a myriad of factors, including habitat quality, predation, disease, climate events, and human development. They cite the American Bird Conservancy’s acknowledgement that "habitat loss is the single largest threat to birds," underscoring the need for Hawaii’s policy to prioritize addressing these fundamental drivers of endangerment. The proposed amendments, by focusing on community cats as a primary threat without adequate scientific justification for site-specific conflicts, are seen as misdirected and a distraction from the more significant environmental challenges.

Trap-Neuter-Return: The Humane and Effective Standard

At the heart of Alley Cat Allies’ advocacy is the promotion of Trap-Neuter-Return (TNR) as the sole humane and effective method for managing community cat populations. TNR involves humanely trapping unowned cats, spaying or neutering them, vaccinating them, providing necessary medical care, and returning them to their outdoor homes, often with an eartip to signify they have been sterilized. This evidence-based approach, supported by numerous scientific studies, demonstrably ends the breeding cycle, leading to stable populations and preventing the birth of unwanted kittens. Furthermore, TNR improves the health of the cats through vaccination and reduces nuisance behaviors associated with unsterilized animals, such as yowling, spraying, and fighting, thereby benefiting the wider community.

The proposed amendments, however, include provisions that would directly impede TNR efforts. Specifically, the prohibition of feeding on DLNR lands is identified as a significant obstacle, as organized feeding is an essential component of successful TNR programs, enabling trappers to establish trust and access cats for sterilization.

Legal and Ethical Objections: Exceeding Authority and Conflicting Statutes

Alley Cat Allies’ testimony meticulously outlines several legal and ethical objections to the proposed amendments. Beyond exceeding rulemaking authority, the organization asserts that the amendments conflict with Hawaii’s animal cruelty statutes. HRS § 711-1108.5 prohibits the intentional, knowing, or reckless causing of an animal’s death or physical harm, or subjecting an animal to cruel neglect or treatment. The proposed lethal removal and potential denial of sustenance would directly violate these statutes, and administrative rules, being subordinate to statutes, cannot contradict them.

The drafting of the amendments themselves is also criticized as "fatally flawed," rendering them "unconstitutionally vague and overbroad." The lack of precise definitions and clear enforcement standards, Alley Cat Allies argues, violates due process by failing to provide fair notice of prohibited conduct and allowing for arbitrary application. This vagueness, they contend, makes the rules arbitrary and capricious.

Furthermore, the imposition of a blanket prohibition on all DLNR-managed lands without site-specific analysis is deemed inconsistent with sound resource management and administrative law principles. Alley Cat Allies emphasizes that not all DLNR lands support the same native species or face the same threats. A one-size-fits-all approach, without regard to local conditions and the specific nature of any potential wildlife conflict attributable to cats, is considered arbitrary.

Undermining Legislative Intent and Democratic Process

The organization also points to the history of legislative efforts in Hawaii concerning cat management. In 2022, Hawaii House Bill 1987, which addressed the complex interplay between animal welfare and wildlife conservation, did not pass. Alley Cat Allies argues that the legislature’s decision not to enact this bill reflects the inherent complexity and controversy of these policy questions and does not grant DLNR the authority to unilaterally resolve them through rulemaking. Allowing an agency to implement substantially the same policy administratively that the legislature declined to enact through legislation raises serious separation-of-powers concerns and undermines the democratic process.

Broader Implications for Animal Welfare in Hawaii

The proposed amendments have significant implications for the established work of animal welfare organizations and advocates in Hawaii. Alley Cat Allies has a direct and substantial interest in these proceedings, as the amendments would not only permit and prioritize lethal control of cats but also effectively criminalize humane management of community cat colonies on DLNR-managed lands. This threatens to dismantle the collaborative efforts that have been underway for years to promote the welfare of cats and foster a more compassionate approach to human-animal coexistence.

The organization’s long-standing engagement in Hawaii, including working with local partners on TNR programs and advocating for cat-friendly policies, has built a foundation of trust and progress. The proposed amendments, if enacted, would represent a significant regression, jeopardizing the lives of countless community cats and hindering the development of more effective, humane, and scientifically sound conservation strategies.

Alley Cat Allies’ testimony concludes with a strong urging for DLNR to withdraw the proposed amendments entirely. They advocate for a focus on the primary drivers of species loss – human development – and the creation of policies that protect cats, the people who care for them, and Hawaii’s precious wildlife. The future of community cat management in Hawaii hangs in the balance, with advocates calling for a return to evidence-based, humane practices that align with both animal welfare principles and sound conservation science.