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

August 26, 2026 marked a critical juncture for animal welfare and conservation in Hawaii as Alley Cat Allies submitted formal testimony opposing proposed amendments to Hawaii Administrative Rule Chapter 13-124. The organization argues that these amendments, if enacted, would not only exceed the authority of the Department of Land and Natural Resources (DLNR) but also prioritize lethal control methods for community cats, directly undermining Trap-Neuter-Return (TNR), the globally recognized humane and effective strategy for managing free-roaming cat populations. Alley Cat Allies asserts that the proposed rules prioritize the destruction of cats over addressing the primary drivers of wildlife endangerment, namely human development and habitat loss.

The core of the controversy lies in the proposed expansion of DLNR’s authority to "impound or destroy domestic animals that are not crated, caged, contained, or leashed." Alley Cat Allies contends that this broad language would encompass community cats, allowing for their lethal removal without sufficient justification or consideration of humane alternatives. This stance is met with strong opposition from the organization, which has a long-standing mission, dating back to 1990, to transform communities to protect and improve the lives of all cats through evidence-based, non-lethal programs.

Background and Chronology of the Proposed Amendments

The proposed amendments to Hawaii Administrative Rule Chapter 13-124 have emerged within a broader, ongoing dialogue concerning the delicate balance between protecting Hawaii’s unique and vulnerable indigenous wildlife and ensuring the humane management of domestic animals, particularly cats, that inhabit the islands. While the specific timeline leading to the drafting of these amendments is not detailed in the provided testimony, the submission of formal opposition suggests a public comment period or a legislative review process is underway.

Historically, Hawaii has grappled with conservation challenges stemming from its isolated ecosystem, making its native species particularly susceptible to threats. The introduction of non-native species, including domestic cats, has been a long-standing concern for wildlife managers. However, the approach to managing these populations has evolved significantly over the past few decades, with TNR emerging as a widely adopted and scientifically supported method.

The current proposed amendments appear to represent a shift in policy direction, potentially driven by a desire to address perceived conflicts between community cats and native wildlife. However, Alley Cat Allies argues that this shift is misguided and legally unsound, failing to acknowledge the root causes of species loss and misdirecting resources and efforts towards ineffective and inhumane solutions. The organization’s testimony, submitted on August 26, 2026, indicates that DLNR is considering these changes, prompting a robust response from advocates committed to humane animal management.

Critiques of Lethal Control and the Effectiveness of TNR

Alley Cat Allies unequivocally condemns lethal control as "ineffective, archaic, and cruel." The organization emphasizes that the destruction of one species to save another, particularly when human activities are the primary drivers of species loss, is morally indefensible. This perspective is supported by numerous studies that highlight habitat destruction, climate change, and human development as the leading causes of biodiversity loss globally. The American Bird Conservancy, for example, identifies habitat loss as the "single largest threat to birds," underscoring the need for conservation efforts to focus on these systemic issues.

In contrast, Alley Cat Allies champions Trap-Neuter-Return (TNR) as the "only humane and effective approach to community cat management." TNR involves humanely trapping free-roaming cats, sterilizing them, vaccinating them against rabies, and providing any necessary medical care before returning them to their outdoor homes. Cats are also eartipped to signify they have been sterilized and vaccinated. This program has demonstrated efficacy in several key areas:

• Population Stabilization: TNR directly addresses the breeding cycle, preventing the birth of new kittens and leading to a stable, aging population. This contrasts with lethal control, which often creates a vacuum that can be quickly refilled by new, unsterilized cats.
• Improved Cat Welfare: Sterilization eliminates the stress and health risks associated with reproduction, reduces fighting and roaming behaviors, and prevents the transmission of diseases that can affect both cats and, in some cases, humans.
• Reduced Nuisance Behaviors: By sterilizing cats, behaviors such as yowling during mating season, spraying to mark territory, and aggressive fighting are significantly reduced, leading to better community relations.
• Public Health: Vaccination as part of TNR protocols ensures that cats are protected against diseases like rabies, thus safeguarding public health.

The proposed amendments, by potentially prohibiting feeding on DLNR lands, threaten to dismantle the operational framework of TNR programs. Organized feeding is often a crucial component for caretakers to trap cats for sterilization and to ensure the well-being of cats in established colonies, particularly during times of environmental stress.

Legal and Administrative Challenges to the Amendments

Beyond the ethical and practical arguments against lethal control, Alley Cat Allies raises significant legal objections to the proposed amendments. A primary concern is that DLNR’s rulemaking authority is limited to implementing existing statutes enacted by the Hawaii Legislature. The organization argues that the proposed amendments exceed this authority by expanding the definitions and scope of terms like "take," "harm," and "harass" beyond their statutory application.

Hawaii Revised Statute § 195D-2 defines "take" to apply only to endangered and threatened species, explicitly excluding indigenous species. Alley Cat Allies contends that by extending these prohibitions to indigenous species, the DLNR is attempting to substantively expand the reach of the law through administrative rulemaking, a power reserved for the legislature. This constitutes an overreach of agency authority and a potential violation of the separation of powers principle.

Furthermore, the amendments are accused of conflicting with Hawaii’s animal cruelty statutes, specifically HRS § 711-1108.5, which prohibits intentionally, knowingly, or recklessly causing an animal’s death or physical harm. By authorizing lethal removal and potentially preventing the provision of sustenance, the amendments are seen as directly contravening these state laws. Administrative rules are subordinate to statutes, and any rule that conflicts with a statute is considered invalid.

The drafting of the amendments themselves is also criticized as being "fatally flawed." The use of imprecise and undefined terms renders the rules "unconstitutionally vague and overbroad," failing to provide fair notice of prohibited conduct and clear enforcement standards. This lack of clarity can lead to arbitrary and capricious application of the law, undermining due process.

Broader Implications for Conservation and Animal Welfare Policy

The proposed amendments are further critiqued for imposing 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 principles. Wildlife conflicts with cats are not uniform across all DLNR lands; they vary based on the specific native species present, the quality of habitat, and the presence of other environmental stressors. A prohibition applied universally without regard to local conditions is deemed arbitrary and necessitates site-specific analysis to tailor any interventions appropriately.

The testimony also references Hawaii House Bill 1987 from 2022, which sought to address cat management and the interplay between animal welfare and wildlife conservation. The fact that this bill did not pass suggests that the legislature recognized the complexity and contentious nature of these policy issues. Alley Cat Allies argues that DLNR should not attempt to unilaterally implement substantially the same policies through rulemaking that the legislature declined to enact through legislation. This raises significant separation-of-powers concerns, as it allows an agency to circumvent the democratic legislative process.

Alley Cat Allies has a direct and substantial interest in these proceedings, given their long-standing commitment to advocating for cats in Hawaii. The organization has been actively engaged on the ground, collaborating with local partners to implement TNR programs, advocate for cat-friendly policies, and promote humane treatment. Their participation in the public hearing for these proposed amendments underscores their dedication to protecting community cats and the people who care for them.

Conclusion and Call to Action

In its testimony, Alley Cat Allies urges the Department of Land and Natural Resources 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 by prioritizing lethal removal, and fail to address the primary drivers of species loss.

Instead of focusing on the eradication of community cats, Alley Cat Allies advocates for a policy shift that addresses the root causes of wildlife endangerment, particularly human development and habitat destruction. The organization stresses the importance of creating policy that protects cats, supports the individuals and organizations that care for them, and effectively conserves Hawaii’s precious wildlife through humane and scientifically supported methods. The organization’s position is clear: humane, evidence-based strategies like TNR are essential for both animal welfare and effective conservation in Hawaii.