Feral Cat Colonies in Florida: Legal and Policy Considerations

A Report to U.S. Fish & Wildlife ServiceDecember 2002

University of Florida Conservation ClinicPamela Jo Hatley, J.D. Candidate, 2003

Thomas Ankersen, Director

P 73 million owned cats in the U.S.

P 40 - 60 million un-owned cats in the U.S.

P 100+ million cats spend all or some of theirtime outdoors

(HSUS, ABC)

(Cover photo by Daniel Castillo)

Magnitude of cat populations

P9.6 million owned cats

P6.3 to 9.6 million feral cats

P12.1 to 15.4 million cats, owned and feralcombined, that spend some or all their timeoutdoors potentially preying on wildlife

Cat populations in Florida

PHunger

P Injury

PDisease

PCats are America's most popular pets, butthey are also the pets most likely to dieprematurely from diseases, poisons, attacksby other animals, abuse by humans, orspeeding vehicles. (HSUS)

Impact on cats

PPredation

PCompetition

PDisease

Impact on wildlife

PFlorida has cat colonies in at least 17counties.

PThe largest, in Monroe County at OceanReef Club, Key Largo, has a colony of anestimated 500 to1,000 cats.

Cat colonies in Florida

PSix subspecies of beach mice

PKey Largo woodrat

PKey Largo cotton mouse

PLower Keys marsh rabbit

PFlorida scrub-jay

Impact on wildlife in Florida

Threatened or endangered species known or suspected tosuffer losses as a result of predation by owned and feral cats:

PRabies*

PFeline Leukemia Virus

PFeline Panleukopenia (feline distemper)

PFeline Infectious Peritonitis

PFeline Immunodeficiency Virus

PFeline Viral Upper Respiratory Disease

PCat-scratch Disease*

PToxoplasmosis*

Impact on wildlife in Florida

Disease

PLyme Disease*

PRoundworms*

PHookworms*

PPlague*

*Transmissible to humans

Impact on wildlife in Florida

Parasites

Strategies for dealing with feraland free-roaming cats

PEuthanasia

PResource intensive

PNegative publicity

Eradication

PVolunteers< Live trap the cats< Take them to veterinarian for spay/neuter, rabies

vaccination, and ear-clipping< Release them to same place where trapped

Cat colonies and TNR

PRequires perpetual maintenance

PNew cats enter colony

PNearly impossible to trap all of the cats

PWildlife attracted to feeding stations

PVolunteers often bear the cost

Problems with TNR and managing catcolonies

PPet adoption programs that require newowners to spay/neuter their pet and provideincentives such as lower licensing fees

PEnactment and enforcement of leash lawsthat require owners to restrict their pets to theowner’s property and control

PLocal ordinances that prohibit abandonmentand feeding of stray cats

Reducing the flow of new cats into the wild

PFederal Endangered Species Act

PMigratory Bird Treaty Act

PState Statutes

PLocal ordinances

Legal considerations

(a)(1) ...with respect to any endangeredspecies of fish or wildlife listed pursuant tosection 4 of this Act, it is unlawful for anyperson...to****

(B) take any such species...

****

(G) violate any regulation pertaining to suchspecies or to any threatened species...promulgated by the Secretary pursuant toauthority provided by this Act.

Endangered Species Act

16 USC §1538, Prohibited Acts

It is unlawful for any person subject to thejurisdiction of the United States to attempt tocommit, solicit another to commit, or cause tobe committed, any offense defined in thissection.

Endangered Species Act

16 USC §1538(g)

For the purposes of this Act--

****

(19) The term “take” means to harass, harm,pursue, hunt, shoot, wound, kill, trap, capture,or collect, or to attempt to engage in any suchconduct.

Endangered Species Act

16 USC §1532,Definitions

Harass in the definition of “take” in the Actmeans an intentional or negligent act oromission which creates the likelihood of injuryto wildlife by annoying it to such an extent asto significantly disrupt normal behavioralpatterns which include, but are not limited to,breeding, feeding, or sheltering...

Endangered Species Act

50 C.F.R. §17.3 Definitions

Harm in the definition of “take” in the Actmeans an act which actually kills or injureswildlife. Such act may include significanthabitat modification or degredation where itactually kills or injures wildlife by significantlyimpairing essential behavioral patterns,including breeding, feeding or sheltering.

Endangered Species Act

50 CFR §17.3 Definitions

(1)...any person may commence a civil suit on hisown behalf---

(A) to enjoin any person, including the United Statesand any other governmental instrumentality oragency...who is alleged to be in violation of anyprovision of this Act or regulation issued under theauthority thereof.

Endangered Species Act

16 USCS §1540(g) Citizen suit

Loggerhead Turtle v. Volusia County, 896 F.Supp. 1170 (M.D. Fla. 1995)

Loggerhead Turtle v. Volusia County, 148 F.3d1231 (11th Cir. 1998)

Loggerhead Turtle v. Volusia County, 92 F.Supp. 2d 1296 (M.D. Fla. 2000)

Injunctions, citizen suits

P Palila v. Hawaii Dep’t of Land & NaturalResources, 639 F 2d 495 (9th Cir. 1981)

P Palila v. Hawaii Dep’t of Land & NaturalResources, 852 F.2d 1106 (9th Cir. 1988)

Habitat degredation, meaning of “harm”

PBabbitt v. Sweet Home Chapter ofCommunities for a Great Oregon, 515 U.S.687 (1995)

Meaning of “harm”

...it shall be unlawful at any time, by anymeans or in any manner, to ... take ... kill...attempt to ... take ... kill any migratory bird,any part, nest, or egg of any such bird, ... .

Migratory Bird Treaty Act

16 USCA §703 Taking, killing or possessing migratory birds

(a) any person, association, partnership, orcorporation who shall violate any provisions ofsaid conventions or of this subchapter, or whoshall violate or fail to comply with anyregulation made pursuant to this subchaptershall be deemed guilty of a misdemeanor andupon conviction thereof shall be fined not morethan $15,000 or be imprisoned not more thansix months, or both.

Migratory Bird Treaty Act

16 USCA §707 Violations and penalties; forfeitures

PU.S. v. Corbin Farm Service, 444 F.Supp.510 (E.D. Cal. 1978)

Not limited to hunting orintentional acts

PU.S. v. FMC Corporation, 572 F.2d 902 (2dCir. 1978)

Intent

PU.S. v. Moon Lake Electric, 45 F. Supp. 2d1070 (Co. 1999)

Strict Liability Crime

PArticle IV, §9< Florida Fish and Wildlife Conservation

Commission– Management, protection, and conservation of wild

animal life...

Florida Statutes

Constitution

(3)(b) “Endangered species” means any species offish and wildlife, naturally occurring in Florida, whoseprospects of survival are in jeopardy due tomodification or loss of habitat; ...disease; predation...or other natural or manmade factors affecting itscontinued existence.

(c) “Threatened species” means any species ... whichmay not be in immediate danger of extinction, butwhich exists in such small populations as to becomeendangered if it is subjected to increased stress as aresult of further modification of its environment.

§372.072, F.S.

Endangered and Threatened Species Act

It is unlawful for a person to intentionally kill orwound any fish or wildlife of a speciesdesignated by the Fish and WildlifeConservation Commission as endangered,threatened, or of special concern... Anyperson who violates this provision with regardto an endangered or threatened species isguilty of a felony of the third degree...

§372.0725, F.S.

Killing or wounding of any species designated asendangered, threatened, or of special concern; criminalpenalties

No person shall kill, attempt to kill or woundany endangered species as designated in Rule68A-27.003.

Rule 68A-27.0011, F.A.C.

Killing Endangered Species

(1) It is unlawful to...release within this stateany species of the animal kingdom notindigenous to Florida without having obtaineda permit to do so from the Fish and WildlifeConservation Commission.

§372.265, F.S.

Regulation of foreign animals

(1) It shall be unlawful for any person to ...release or introduce in the state any wildlife ...that is not native to the state unless suchperson shall first secure a permit from theCommission.

***

(3) No person shall release or introduce in thestate any wildlife, ... or any other organism thatmight reasonably be expected to transmit anydisease to wildlife ... .

Rule 68A-4.005, F.A.C.

Introduction of Foreign Wildlife or Freshwater Fish orCarriers of Disease

(1) A person who ... deprives of necessarysustenance or shelter, ... any animal, orcauses the same to be done ... is guilty of amisdemeanor of the first degree...

(2) A person who intentionally commits an actto any animal which results in the cruel death,or excessive or repeated infliction ofunnecessary pain or suffering or causes thesame to be done, is guilty of a felony of thethird degree...

§828.12, F.S.

Cruelty to animals

(1) "As used in this section: "Abandon" meansto forsake an animal entirely or to neglect orrefuse to provide or perform the legalobligations for care and support of an animalby its owner."

(2) "Owner" includes any owner, custodian, orother person in charge of an animal.

§828.13, F.S.

Confinement of animals without sufficient food, water, orexercise; abandonment of animals

(3) "Any person who is the owner orpossessor, or has charge or custody, of anyanimal who abandons such animal to sufferinjury or malnutrition or abandons any animalin a street, road, or public place withoutproviding for the care, sustenance, protection,and shelter of such animal is guilty of amisdemeanor of the first degree, punishableas provided..."

§828.13, F. S.

(2)(a) The Department of Legal Affairs, any politicalsubdivision or municipality of the state, or a citizen ofthe state may maintain an action for injunctive reliefagainst:

1. Any governmental agency or authority charged bylaw with the duty of enforcing laws, rules, andregulations for the protection of the air, water, andother natural resources of the state to compel suchgovernmental authority to enforce such laws, rules,and regulations;

§403.412, F.S.

Environmental Protection Act

§403.412, F.S.

2. Any person, natural or corporate, or governmentalagency or authority to enjoin such persons, agencies, orauthorities from violating any laws, rules, or regulations forthe protection of the air, water, and other natural resourcesof the state.

Local Ordinances

Local ordinances in Florida are a mixed bag, for themost part ineffective to deal with cat overpopulation,

and in some cases an aggravating factor.

PFree-roaming cats adversely impact Floridawildlife and are a health hazard.

PAllowing cats to roam free places the cats indanger of injury and disease.

POrdinances that enable cat colonies to beestablished and maintained are in violation offederal and state wildlife laws.

PPersons who release cats into the wild areviolating federal and state wildlife laws.

Conclusions

PBroad education campaign

PEnact leash laws for cats

PRequire cats to be vaccinated, licensed, andtagged.

PAbolish local ordinances enabling catcolonies to be established and maintained.

PEnact ordinances making feeding stray catsor dogs illegal.

PEnact ordinances requiring mandatoryspay/neuter of all animals adopted fromshelters

Recommendations

Local level

P Public policy against feral cat colonies

P Issue warning to county governments

P Enforce existing statutes against release ofnon-indigenous species

Recommendations

State level