Proposed Amendments to Hawaii Administrative Rule Chapter 13-124 Threaten Humane Cat Management and Exceed Agency Authority

Honolulu, HI – August 26, 2026 – Alley Cat Allies, a prominent international advocacy organization dedicated to protecting and improving the lives of all cats, has submitted formal testimony opposing proposed amendments to Hawaii Administrative Rule Chapter 13-124. The organization argues that these amendments, if enacted, would prioritize lethal control of community cats, undermine the proven effectiveness of Trap-Neuter-Return (TNR) programs, and exceed the statutory authority of the Department of Land and Natural Resources (DLNR). The proposed changes come amidst a complex debate in Hawaii regarding the balance between protecting indigenous wildlife and ensuring humane treatment for the island’s free-roaming cat population.

Alley Cat Allies asserts that the proposed amendments go beyond existing state law and agency authority by enabling the DLNR to "impound or destroy domestic animals that are not crated, caged, contained, or leashed." This broad language, according to the organization, would encompass community cats, a measure they deem "inhumane, ineffective, and archaic." The testimony emphasizes that the destruction of one species to protect another is morally indefensible, particularly when human development is identified as a primary driver of species loss.

The organization’s core argument rests on the principle that TNR is the only humane and effective approach to community cat management. Alley Cat Allies, founded in 1990, has been a leading proponent of evidence-based, non-lethal strategies for cat welfare. Their mission, as outlined in their testimony, involves transforming communities to protect and improve cat lives through advocacy, humane care, education, and policy work. They equip citizens, advocates, shelters, veterinarians, and elected officials with the tools to implement policies that serve the best interests of cats.

A significant point of contention in the proposed amendments is the potential prohibition of feeding on DLNR lands. Alley Cat Allies contends that such a prohibition would directly dismantle the positive impact of TNR, as organized feeding is a crucial component for carrying out these programs effectively. TNR involves humanely trapping cats, spaying or neutering them, vaccinating them, providing necessary medical care, eartipping for identification, and returning them to their outdoor homes. Scientific studies, according to the organization, have consistently demonstrated that TNR halts the breeding cycle, leading to stable populations and improved cat welfare. Furthermore, vaccination as part of TNR contributes to the health of both the cat population and the public.

Background and Context of the Proposed Amendments

The proposed amendments to Hawaii Administrative Rule Chapter 13-124 arise from a growing concern over the impact of introduced species, including free-roaming cats, on Hawaii’s unique and fragile native ecosystems. Hawaii is renowned for its high rates of endemism, meaning many of its species are found nowhere else on Earth. However, these species are also highly vulnerable to threats from invasive species, habitat loss, and climate change.

The DLNR, tasked with managing the state’s natural resources, faces the challenging responsibility of balancing conservation goals with the presence of domestic animals. The islands have a significant population of community cats, often managed by dedicated individuals and groups who rely on TNR practices. Historically, approaches to managing populations of non-native species have varied, with lethal control methods sometimes being considered or implemented.

In 2022, a legislative attempt to address cat management in Hawaii, House Bill 1987, was introduced. This bill aimed to navigate the complex interplay between animal welfare and wildlife conservation. However, it did not pass, a fact that Alley Cat Allies highlights as indicative of the legislature’s recognition of the policy’s complexity and controversy. The organization argues that the DLNR should not unilaterally attempt to implement similar policies through rulemaking when the legislature has declined to do so, citing potential separation-of-powers concerns.

Critiques of the DLNR’s Authority and Statutory Interpretation

Alley Cat Allies’ testimony meticulously outlines legal arguments against the proposed amendments, focusing on the DLNR’s rulemaking authority. They assert that the department’s authority is limited to implementing statutes enacted by the Hawaii legislature. The proposed amendments, according to the organization, exceed this authority by effectively expanding the definitions of "take," "harm," and "harass" to encompass indigenous wildlife, not just threatened and endangered species as currently defined in Hawaii Revised Statute (HRS) § 195D-2.

The testimony argues that HRS § 195D-6 authorizes DLNR to adopt rules necessary to carry out Chapter 195D, but this delegation does not empower the DLNR to broaden statutory definitions. By expanding the categories of species covered and altering prohibited conduct and potential liability, the amendments are characterized as a substantive expansion of the statute’s reach, rather than a permissible implementing rule.

Conflict with Animal Cruelty Statutes

A further legal challenge presented by Alley Cat Allies is the proposed amendments’ conflict with Hawaii’s animal cruelty statutes. HRS § 711-1108.5 prohibits intentionally, knowingly, or recklessly causing an animal’s death or physical harm, or subjecting it to cruel neglect or treatment. The amendments, by allowing for lethal removal and potentially preventing the provision of sustenance, are argued to subject cats and other animals to physical harm and distress, thereby violating these statutes. Administrative rules, being subordinate to statutes, are considered invalid if they conflict with statutory provisions.

Concerns Regarding Vagueness and Overbreadth

The drafting of the proposed amendments is also criticized for being "fatally flawed," rendering them "unconstitutionally vague and overbroad." Alley Cat Allies argues that due process requires fair notice of prohibited conduct and clear enforcement standards to prevent arbitrary application. Undefined terms and unclear standards within administrative rules are seen as arbitrary and capricious, failing to provide adequate guidance to the public and potentially leading to discriminatory enforcement.

Lack of Site-Specific Analysis and One-Size-Fits-All Approach

The organization further contends that the proposed amendments impose a blanket prohibition on all DLNR-managed lands without the necessary site-specific analysis. Such an analysis, they argue, is crucial to demonstrate that a particular location experiences a wildlife conflict attributable to cats. A "one-size-fits-all" approach is deemed inconsistent with sound resource management and administrative law principles. The diversity of native species and threats across different DLNR lands necessitates tailored actions rather than universal prohibitions.

Impact on Community Cat Advocates and Existing Programs

Alley Cat Allies highlights its substantial interest in these proceedings, stating that the amendments would "allow for and even prioritize lethal control of cats and effectively criminalize humane management of community cat colonies on DLNR-managed lands." This would undermine the collaborative work between Alley Cat Allies, local animal welfare organizations, and advocates in Hawaii who have been actively engaged in implementing TNR programs and promoting humane treatment for years.

The organization notes its direct involvement in Hawaii, working on the ground with local partners. They also attended the remote public hearing on the proposed amendments, underscoring their commitment to advocating for the welfare of community cats in the state.

Data and Evidence Supporting TNR Effectiveness

The effectiveness of TNR as a humane and scientifically validated method for managing community cat populations is supported by a growing body of evidence. Studies published in peer-reviewed journals have shown that TNR leads to a decrease in the number of kittens born, a stabilization of cat populations, and a reduction in nuisance behaviors such as yowling, spraying, and fighting, which are often associated with unsterilized populations. The vaccination component of TNR also addresses public health concerns by reducing the risk of disease transmission.

Conversely, the effectiveness of lethal control methods in managing free-roaming cat populations is often debated and questioned. Proponents of TNR argue that killing cats does not provide a long-term solution, as remaining cats may breed, and the removal of established cats can create a vacuum effect, attracting new cats to the area.

Broader Implications for Conservation and Animal Welfare

The proposed amendments raise broader implications for how Hawaii approaches conservation and animal welfare. By prioritizing lethal control over humane, evidence-based methods like TNR, the state risks alienating a significant portion of its community and undermining established practices that have proven successful in other jurisdictions.

The testimony suggests that conservation efforts should primarily focus on the acknowledged primary drivers of species loss, such as habitat destruction and climate change. While acknowledging the impact of introduced species, the organization advocates for a balanced approach that addresses these root causes while ensuring that the management of other species is conducted humanely and ethically.

Conclusion and Call to Action

In conclusion, Alley Cat Allies urges the DLNR to withdraw the proposed amendments to Hawaii Administrative Rule Chapter 13-124 in their entirety. The organization maintains that the amendments exceed existing state law and DLNR’s rulemaking authority, dismantle the only proven, humane approach to community cat populations, and prioritize lethal removal. They advocate for policies that protect cats, the people who care for them, and wildlife, by focusing conservation efforts on the most significant threats to species loss, particularly human development. The organization’s stance reflects a broader movement advocating for compassionate and scientifically grounded solutions to complex human-wildlife interactions.