Hawaii’s Proposed Rule Amendments Threaten Humane Cat Management, Alley Cat Allies Argues

August 26, 2026 – Alley Cat Allies has formally submitted testimony opposing proposed amendments to Hawaii Administrative Rule Chapter 13-124, asserting that the changes exceed state law and agency authority, prioritize lethal control of community cats, and undermine Trap-Neuter-Return (TNR), the organization’s cornerstone for humane community cat care. The advocacy group argues that these proposed rules, if enacted, would represent a significant step backward for animal welfare in the state and contradict established principles of effective conservation and animal management.

The core of Alley Cat Allies’ objection lies in the proposed amendments’ allowance for lethal control of domestic animals, including community cats, on Department of Land and Natural Resources (DLNR) lands. The organization highlights that the rule would permit DLNR to "impound or destroy domestic animals that are not crated, caged, contained, or leashed," a broad definition that could easily encompass free-roaming cats. Alley Cat Allies contends that lethal control is not only inhumane but also demonstrably ineffective in managing animal populations, often leading to a cyclical increase in numbers as vacant territories are filled by new, unsterilized animals.

Background Context and Chronology of the Proposed Amendments

The controversy surrounding Hawaii Administrative Rule Chapter 13-124 appears to stem from a perceived conflict between the protection of Hawaii’s unique indigenous, threatened, and endangered wildlife and the presence of community cat populations. While Alley Cat Allies unequivocally supports efforts to safeguard Hawaii’s native species, the organization maintains that the proposed amendments misdirect conservation efforts and unfairly target community cats.

While the exact timeline for the proposal’s genesis is not detailed in the provided testimony, the submission of formal opposition suggests a period of public comment or review following the initial proposal by DLNR. Alley Cat Allies’ participation in a "remote public hearing" indicates that the process has reached a stage where stakeholder input is being actively solicited, with the organization poised to influence the final decision-making. The reference to Hawaii House Bill 1987 in 2022, which also addressed cat management and did not pass, suggests a history of legislative and administrative attempts to grapple with these complex issues in Hawaii, highlighting the ongoing debate and differing viewpoints. Alley Cat Allies’ argument that DLNR should not unilaterally implement policies that the legislature has previously declined to enact underscores a concern about the separation of powers and the democratic legislative process.

Alley Cat Allies’ Mission and Expertise

Founded in 1990, Alley Cat Allies has established itself as a leading international advocacy organization dedicated to transforming communities to protect and improve the lives of all cats. Their mission is deeply rooted in promoting evidence-based, non-lethal, and compassionate cat programs, with Trap-Neuter-Return (TNR) at the forefront. Through advocacy, education, and policy work, the organization equips citizens, advocates, and officials with the tools and knowledge to implement humane cat management strategies. Their extensive experience and established track record in promoting TNR globally lend significant weight to their concerns regarding the proposed Hawaiian regulations.

The Effectiveness and Humane Approach of Trap-Neuter-Return (TNR)

Alley Cat Allies champions TNR as the sole humane and effective method for managing community cat populations. The process involves humanely trapping cats, sterilizing them through spaying or neutering, vaccinating them, providing necessary medical care, and eartipping them for identification before returning them to their outdoor homes. This method, supported by numerous scientific studies, effectively ends the breeding cycle, leading to a stabilization and eventual decrease in population numbers. Furthermore, TNR improves the health and welfare of community cats by reducing behaviors associated with unsterilized populations, such as yowling, spraying, and fighting, and by ensuring public health through vaccination.

The organization argues that the proposed amendments, particularly through prohibitions on feeding on DLNR lands, would actively dismantle the positive impact of TNR. Organized feeding is an essential component of TNR programs, facilitating the trapping of cats and ensuring their well-being while they are part of the program. A blanket prohibition would therefore create insurmountable barriers to the successful implementation and continuation of these vital humane initiatives.

Critique of DLNR’s Rulemaking Authority and Statutory Interpretation

A central tenet of Alley Cat Allies’ opposition is that the proposed amendments exceed DLNR’s statutory authority. They argue that the department’s rulemaking power is limited to implementing statutes enacted by the Hawaii legislature and that the proposed changes improperly expand the meaning and reach of wildlife protection concepts like "take," "harm," and "harass." Specifically, they point to Hawaii Revised Statute § 195D-2, which defines "take" to apply only to endangered and threatened species, explicitly excluding indigenous species. Alley Cat Allies contends that DLNR lacks the authority to broaden this definition through administrative rulemaking, as doing so would constitute a substantive expansion of the statute’s reach, altering prohibited conduct and potential liabilities without legislative action. This, they argue, constitutes a violation of established legal principles governing agency rulemaking.

Conflict with Animal Cruelty Statutes

Beyond the scope of their regulatory authority, Alley Cat Allies asserts that the proposed amendments directly conflict with Hawaii’s existing animal cruelty statutes. Hawaii Revised Statute § 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 organization argues that the proposed amendments, by allowing for lethal removal and potentially preventing the provision of sustenance, would subject cats and other animals to physical harm and cruel treatment, thereby violating these statutes. Since administrative rules are subordinate to state statutes, a rule that conflicts with a statute is considered invalid.

Flawed Drafting and Constitutional Concerns

Alley Cat Allies also raises significant concerns about the imprecise and potentially unconstitutionally vague and overbroad drafting of the proposed amendments. They argue that due process requires fair notice of prohibited conduct and clear enforcement standards to prevent arbitrary application. The use of undefined terms and unclear standards, they contend, renders the rules arbitrary and capricious, leaving individuals and animal caretakers uncertain about what actions are permissible and what could lead to penalties.

Furthermore, the organization criticizes the imposition of a "blanket prohibition" on all DLNR-managed lands without site-specific analysis. Alley Cat Allies argues that a one-size-fits-all approach is inconsistent with sound resource management and administrative law principles. They emphasize that DLNR lands vary in their ecological characteristics, native species, and the specific threats they face. Therefore, a prohibition that applies universally without regard to local conditions is deemed arbitrary and lacking in scientific or legal justification. Site-specific analysis, they maintain, is essential for tailoring any proposed actions to the unique circumstances of each location.

Broader Implications for Wildlife Conservation and Community Relations

Alley Cat Allies posits that focusing on community cats as a primary driver of wildlife loss is a misdirected effort. They cite data and expert consensus, such as from the American Bird Conservancy, which identifies habitat loss as the single largest threat to birds. They argue that climate change, habitat destruction, and human development are the principal causes of species loss globally and in Hawaii. Instead of targeting cats, the organization urges DLNR and Hawaii’s policymakers to address these root causes of biodiversity decline.

The proposed amendments, by prioritizing lethal control and criminalizing humane management, are seen as detrimental to the collaborative efforts between animal welfare organizations, advocates, and the community. Alley Cat Allies has been actively engaged in Hawaii for years, working with local partners to implement TNR programs and advocate for cat-friendly policies. The organization emphasizes its direct interest in these proceedings, having participated in the public hearing and engaged in extensive advocacy within the state.

The testimony concludes with a strong call for DLNR to withdraw the proposed amendments in their entirety. Alley Cat Allies reiterates that the amendments exceed legal authority, dismantle humane cat management practices, and prioritize lethal removal. They advocate for a policy approach that protects cats, supports the people who care for them, and dedicates conservation resources to the true drivers of species loss – human development and environmental degradation. The organization’s stance underscores a commitment to a holistic approach to conservation that balances the needs of wildlife with the ethical treatment of all animals.