What is a feral cat? A case study of legislative definitions for

Hawaiian monk seal conservation

Photo credit: NOAA Fisheries

M.E.M. Capstone Experience Final Report

Author: Vaibhavi Dwivedi

May 5, 2021

NREM 695/696 – Spring 2021

Committee Members: Dr. Mahealani Kaneshiro, Dr. Travis Idol, & Dr. Creighton M. Litton

What is a Feral Cat?

CONTENTS

Abstract .…………………………………………………………... Page 3

Introduction …………………………………………………………… Page 4

Motivation …………………………………………………………… Page 5

Objectives …………………………………………………………… Page 6

Materials & Methods .……...…………………………………………………… Page 7

Discussion & Results ..………………………………………………………… Page 10

Conclusions ..………………………………………………………… Page 21

References ..………………………………………………………… Page 23

Appendix ………………………………………………………… Page 26

Dwivedi 2 What is a Feral Cat?

Abstract The spread of toxoplasmosis (toxo) from the feces of feral cats is a leading cause of mortality for the endangered Hawaiian monk seal (Monachus schauinslandi). To date, 12 monk seals in the main Hawaiian islands (MHI) and one seal in the North Western Hawaiian Islands (NWHI) have died from toxo in the last two decades. Given an estimated total population of ~1400 monk seals of which ~300 are currently found in the MHI, the number of seals that have succumbed to toxo highlight a significant threat to this critically endangered population. With approximately 300,000 feral cats living on the Island of O‘ahu alone, the potential severity of this deadly infection spreading to the Hawaiian monk seal population is high. To better manage the large and growing feral cat population, it is imperative that a uniform definition of ‘feral cat’ be implemented by the State of Hawaiʻi to inform the development and implementation of management policies across the state. The objectives of this project were to: (i) analyze feral cat definitions used in Hawaiʻi, (ii) compare Hawaiʻi’s feral cat management approaches with other U.S. states, New Zealand, and Australia, and (iii) draft legislative recommendations for defining feral cats in Hawaiʻi to serve as the basis of effective management policies. Sources for data collection for the first two objectives included extensive literature review from peer-reviewed journals, policies, and legislations. A 10-point rank system was created to analyze the effectiveness of existing definitions and policies. As a secondary output, a user-friendly website, ‘HICat’, was created to increase outreach and support long-term goals of this research. If implemented in Hawaiʻi, a uniform feral cat definition has the potential to set strong precedent for other island states to incorporate in their localized conservation strategies.

Keywords: Endangered Species, Toxoplasmosis, Invasive Species Management

Dwivedi 3 What is a Feral Cat?

Introduction The spread of toxoplasmosis from the faeces of feral cats is a leading cause of Hawaiian monk seal mortality (Barbieri, 2016). Toxoplasmosis infections are caused by the microscopic parasite, Toxoplasma gondii, which can only sexually reproduce in cat intestines. The parasite’s eggs are introduced to the marine environment when cat faeces enter waterways (NOAA, 2020). They are then unintentionally consumed by monk seals via egg-laden (contaminated) seawater or prey. Once infected, toxoplasmosis may cause organ failure by tissue decay of muscles, liver, heart, or brain leading to fatalities (Barbieri, 2016). In the last two decades, at least 12 monk seals have died from toxoplasmosis disease in the Main Hawaiian Islands (MHI) and one in the North Western Hawaiian Islands (NWHI) (NOAA, 2020). Since seal carcasses may not always be found or may not be in good enough condition for postmortem testing, the current number of monk seal deaths due to toxoplasmosis disease is likely an underestimation. With an estimated population of ~300 seals in MHI, this infectious disease has resulted in the fatality of 4.3% of the MHI monk seal population since 2000. The National Oceanic and Atmospheric Administration (NOAA) has identified feral cats as the primary source of T. gondii eggs. With an estimated feral cat population of ~300,000 on O‘ahu alone (Hawaiian Humane Society, 2017), the mismanagement of feral cats is a significant threat to the Hawaiian monk seal population (NOAA, 2020).

On a broader scale, management of feral cats is also essential for conservation of other endangered and endemic species found on islands (Oppel, Steffen, et al., 2014). In addition to the spread of toxoplasmosis, feral cats are well documented hunters of endemic birds (Nogales et al., 2013) (Appendix B). Known for being the ‘super-predator’ in the trophic network of islands (Fitzgerald, 1988), feral cats have driven numerous extinctions of endemic vertebrates on islands (Veitch, 2001). This makes the Hawaiian Islands especially vulnerable to increasing conservation issues that stem from hosting a large number of feral cats. Given the sufficient scientific evidence that links eradication and management of feral cats to the rapid comeback of endangered native species across various islands worldwide (Nogales et al., 2013), it is necessary to manage feral cat populations in Hawai‘i. This is not only crucial to curb the spread of toxoplasmosis, but also to promote Hawai‘i’s endemic and endangered species conservation efforts.

Dwivedi 4 What is a Feral Cat?

Motivation An important aspect of the mismanagement of feral cats in Hawai‘i stems from shortcomings in feral cat policies. With no definitive methods or organizations responsible for distinguishing outdoor pet cats from feral cats in Hawai‘i, feral cat management strategies are complex. Fostering free-roaming or stray cats in open spaces locally further complicates feral cat management practices (Hart and Hart, 1998). Developing management policies regarding feral cats, their caregivers, and imposing sanctions for illegal activities, respectively, require a legal definition of feral cats. Current feral cat management in Hawai‘i utilizes non-specific definitions of what constitutes a ‘feral cat’. The Hawai‘i Invasive Species Council (HISC) describes feral cats as ‘identical to the common pet cat and are actually the same species separated only by lifestyle and behavior. Feral cats may utilize human resources or live completely independently and can be found in all types of habitat, including free-ranging in the mauka lands’ (2018). However, this definition has not been uniformly adapted for management purposes. The state of Hawai‘i devolves authority to create and implement management policies to the counties, however, the county level regulations remain inconsistent. For example, Honolulu County law does not define feral cats, and instead provides legislative directions which mandate cat owners to neuter pets before allowing them to be ‘at large’ (ROH § 7-6.6). This does not aim to tackle the increasing population of feral cats and instead legally permits people to let their pet cats roam outdoors and be at large without any liability. Thus, in the absence of a uniform and legally binding definition of different categories of cats, it is difficult to implement effective management policies.

Some of the major organizations that work towards promoting effective feral cat management in Hawai‘i include NOAA, Department of Land and Natural Resources (DLNR), American Bird Conservancy, and Island Conservation. The discrepancy in using a uniform statewide definition of a feral cat results in lack of consistency and creates challenges for policy development and implementation. Therefore, determining a uniform definition for a feral cat will support current legislative decision-making, including but not limited to, amendments in the county legislations. Stakeholders involved in feral cat management include legislators, policymakers, invasive species managers, endangered species conservationists, and cat owners. Distinguishing the various categories of cats starts with compiling information on existing definitions and policies regarding feral cat management.

Dwivedi 5 What is a Feral Cat?

Objectives The specific objectives of this paper are to i) analyze feral cat definitions used in Hawaiʻi, (ii) compare Hawaiʻi’s feral cat management approaches with other U.S. states, New Zealand, and Australia, (iii) draft legislative recommendations for defining feral cats in Hawaiʻi to serve as the basis of effective management policies. A secondary output of this research is to launch a public website that is readily available and easy to navigate, which may improve outreach to support the long-term goals of this project that include generating awareness on this issue (Appendix A).

Dwivedi 6 What is a Feral Cat?

Materials and methods 1. Data Sources 1)Wildlife and veterinary medical journals that regularly publish systematic reviews (Google Scholar, Jstor, Hein Online, West Law); 2) Legislative bills and case laws; 3) Books by wildlife control consultants & other scholars; 4) Online News articles; 5) Informal interviews with experts in the field (telephonic); 6) Presentations in toxo workshop (in-person). Australia and New Zealand were chosen because of the similarities between conservation challenges associated with endemic and endangered biodiversity found within their territories and in Hawai‘i. New Zealand is particularly similar to Hawai‘i as it is an island chain with no native felids or other predators. The impact of feral cats on their native biodiversity was also considered before the selection of sources. Information from these jurisdictions were specifically chosen from official state policies that clearly define ‘feral cat’ and implement the definition into policy. This was used to compare the effectiveness of having a definition in management practices with the absence of binding legal definitions in Hawai‘i. Data sources from the continental U.S. included relevant case laws, legislative bills, federal legislations, and policies. This data was collected from states that have legal precedence of feral cat management policy deliberations. This list includes New York, Illinois, and California. Information on the practical applicability of feral cat management policies in Hawai‘i was collected from attending the Toxoplasmosis Mitigation Strategic Planning Workshop (hereinafter ‘toxo workshop’) in-person, hosted by NOAA in January 2020. Practical applicability here refers to the likelihood of policy implementation with accountability and regular audits. 2. Data Extraction All definitions of feral cats from existing policies in Hawai‘i were noted on an excel sheet. Depending on the source of the definition, the implementation potential of these definitions was analyzed. For the purposes of this paper, implementation potential is ascertained by the likelihood of effective feral management when a certain definition is adopted in the official state policy. This effective management practice was determined

Dwivedi 7 What is a Feral Cat?

by available data from specific areas that pointed towards a reduction in feral cat populations, followed by an increase in native species populations. In cases where a policy containing official definitions was not implemented at the time of conducting this research, the potential of such a policy was estimated and analyzed by reviewing similar policies and peer-reviewed scientific literature. 3. Study Selection The research and studies included were from the island nations of New Zealand and Australia, the continental United States, and Hawaiʻi. Search terms on Google Scholar encompassed, but were not exhaustive to, ‘Toxoplasmosis in Hawaiian monk seals’, ‘Feral cat management on islands’, ‘Effects of feral cat population on native species’, ‘Definition of a feral cat’, ‘Legislative definition of cats’, ‘Different categories of cats’, ‘Case-law feral cats’. For literature from New Zealand and Australia, experts in the field provided the relevant material in addition to Google searches. 4. Data Synthesis Data collected from all the sources was synthesized into forming a legislative definition of feral cats. Information from New Zealand and Australia greatly influenced the final policy recommendations. All the data was assembled to create a knowledge database that is included on the website. 5. Informal Interviews Informal interviews were conducted with leading experts in the field of endangered species conservation and invasive species management to gather in-depth information about practical challenges faced in their work. Experts interviewed from within the United States are referred to as ‘Domestic Sources’, whereas experts from New Zealand and Australia are referred to as ‘International Sources’ (Table I).

Table I. List of sources

Domestic Sources International Sources

Angela Amlin, Hawaiian Monk Seal Dr. Wendi Roe, Dean of Postgraduate Studies and Recovery Coordinator, NOAA Fisheries Deputy Head of the School of Veterinary Science, Pacific Islands Regional Office Massey University, New Zealand

Dwivedi 8 What is a Feral Cat?

Grant Sizemore, Director of Invasive Dr. Sarah Maria Legge, Research Fellow in the Species Programs, American Bird School of Earth and Environmental Sciences at Conservancy The University of Queensland, Australia.

Patrick Chee, Small Mammal Control Planner, Department of Land and Natural Resources

Dr. Kirsten Leong, Social Scientist, NOAA Fisheries Pacific Islands Fisheries Science Center

Dr. Chris Lepczyk, School of Forestry and Wildlife Science, Auburn University

6. Analysis To analyse the credibility and quality of policy sources, a 10 point rank system was created with 10 being the maximum score, 5 being a neutral score, and 0 being the minimum. 10 points were awarded to feral cat definitions with accompanying management policies that resulted or may result in the most effective control of feral cat populations (Table VII & Table VIII). The effectiveness of a policy was determined by its results including statistics on the reduction of the feral cat population in the area of implementation if provided. In absence of such data, the potential effectiveness of a management policy was determined by comparing it with similar policies that have a successful record. Sources that contained a working feral cat definition but did not contain an effective management policy for implementation were awarded 5 points.

Dwivedi 9 What is a Feral Cat?

Discussion and Results The legislative and judicial history of feral cat definition and management policies in Hawai‘i In 2011, the State of Hawai‘i held Krister Garcia (State v. Garcia, 2001) guilty with charges of animal cruelty for shooting ‘feral domestic cats’ in `Iao Valley State Park, Maui. The defense presented arguments distinguishing between ‘pet cats’ and ‘feral domestic cats’ because the cats shot were not owned by anyone. However, a caretaker was involved in providing medical care and food to the animals which established a human-animal relationship. Judge Bissen of the Second Circuit Court opined that the cats, “were fed by humans, cared for by humans, considered part of a larger colony that was identified in this particular location… We’re not talking about a random, roaming animal that no one’s ever seen — not that it would be good to kill that animal, in this court’s opinion." This holding highlighted the need for clear legislative definitions of different categories of cats for better uniform application of the law in Hawai‘i. The lack of working legislative definitions of feral cats is evident as so far, no official definition has been adopted by the state. In 2016, proposed House Bill HB2118 and State Bill SB2450 (Table II) sought to amend the definition of a ‘predator’ to include cats amongst other species like dogs, mongoose and rodents, in addition to also prohibiting individuals from harboring unrestrained predators on state lands. These bills also proposed changing the definition of H.R.S. § 183D-65(a) authorizes the Department of Land and Natural Resources to destroy “by any means deemed necessary” “predators” deemed harmful to wildlife that occurs on any lands under the jurisdiction of the Department, in juxtaposition with H.R.S. § 183D-65(b) that authorized destruction of any predator irrespective of whether or not the predator is the property of some person (Table II). By defining cats as predators, the two bills had the potential to better manage feral cat populations more effectively in accordance with the aforementioned H.R.S. statutes. However, the bills were not passed and instead faced a significant amount of opposition from cat colony caretakers and cat welfare groups. The testimonies submitted by the public opposing these bills were mainly concerned with the morality of starving cat colonies and the proposed penalties on people who were the caregivers of these animals for feeding them. The alternative recommended in most testimonies was to formalize the TNR practice as an official state policy. TNR is generally promoted by some animal and most cat welfare groups as the ‘humane’ way to lower the free-roaming cat

Dwivedi 10 What is a Feral Cat? population over time. It typically involves trapping a cat, neutering it, and releasing it back into the environment it was initially trapped in with no further deterrence. This practice, however, fails to account for the predatory nature of cats living outdoors and does not differentiate between cats that live in close vicinity of human populations from the ones that live in remote areas around the island. It also does not promote cat welfare by forcing these animals to fend for themselves in difficult circumstances (PETA, 2021). There is sufficient scientific evidence to conclude that this method of managing feral cat populations does not aid in the conservation of other species and instead encourages cats to remain on the landscape in poor conditions (Jessup, 2004) (Lepczyk et al., 2010). Lohr & Lepczyk (2014) drafted a survey to gauge the view of residents and pre-identified stakeholders on the increasing cat population in Hawai‘i. From a total of 1,510 surveys that were turned in, 87% of respondents wished to see a reduction in the number of cats in the MHI while 12% of all survey respondents were in favor of having feral cat populations in the Hawaiian islands. The differences in social perception of cats and their categories have resulted in the further need for clear legal definitions. The Kaua‘i Feral Cat Task Force Findings and Recommendations (KFCTF Report, 2014) submitted to the County of Kaua‘i in March 2014 also emphasized the importance of creating a set of definitions clarifying the different categories of cats for management purposes. Without a legal definition, it is nearly impossible to distinguish between different categories of cats and manage them. Since a blanket management strategy cannot be applied to all cats, given their status as pets and human companions, there is a greater reason in everyone’s interest to legally define different categories of cats. In 2018, House Bill 2593 attempted to define free-roaming and feral cats (Table II). It also promoted TNR as the key feral cat management practice to be adopted on a state-level. While this was not passed into law, it was Hawai‘i’s first attempt at defining feral cats for legislative purposes. Other organizations such as the Humane Society and Hawai'i Invasive Species Council (HISC) have defined feral cats in Hawai‘i for management purposes (Table II). However, neither of these two definitions are legally binding on a state level.

Table II. List of Definitions and Supplementary Policies

Sources Definitions

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Hawai‘i House Prohibit individuals from releasing, feeding, watering, or otherwise caring Bill 2118 and for unrestrained predators on state lands. State Bill 2450 Changing the definition of ‘predator’ to include ‘animals destructive of (not adopted wildlife by nature of their predatory habits, including mongooses, cats, into law) dogs, and rodents’

Hawai‘i House Identified free-roaming cats a diverse population that can include Bill No. 2593 abandoned and lost pets, owned cats allowed outdoors, and the offspring of (not adopted these cats.” into law) Subsequently, feral cats were identified as being “a subset of this population, are not socialized and are unaccustomed to interacting with people.”

H.A.R § 13-124 Defines feral as “having escaped or been released from domestication and reverted to a wild state.”

H.R.S. § 183D- Authorizes the Department of Land and Natural Resources to destroy “by 65(a) any means deemed necessary” “predators” deemed harmful to wildlife that occur on any game management area, public hunting area, or forest reserve or other lands under the jurisdiction of the Department.

H.R.S. § 183D- Authorizes the destruction of any predator, including dogs, in a posted area, 65(b) whether or not the predator is the property of some person.

Hawai‘i Feral cats are identical to the common pet cat and are the same species Invasive Species separated only by lifestyle and behavior. Feral cats may utilize human Council resources or live completely independently and can be found in all types of habitat, including free-ranging in the mauka lands.

Hawai‘i A stray cat is a pet who has been lost or abandoned, is used to contact with Humane Society people and is tame enough to be adopted. A feral cat is the offspring of stray or other feral cats and is not accustomed to human contact. Feral cats are usually too fearful to be handled or adopted.

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Legislative definitions of cats and Judicial discussions on feral cat management policies in the Continental United States In the continental U.S.A., the issue of cat management has come up in the legislature on a district and state level in multiple states. These issues range from the jurisdiction of policies to questions of liability of allowing cat colonies to exist on the landscape. On a federal level, the U.S. Fish and Wildlife Service (USFWS) has pointed out the impacts of domestic cats to be in potential violation of the protection guaranteed under the Migratory Bird Treaty Act, 1918 (MBTA, 1918) and Endangered Species Act, 1973 (ESA, 1973) (FWS 2006, 2009, 2014). Section 9 of the ESA prohibits any person from ‘taking’ endangered or threatened species within the United States, or, from violating any regulation pertaining to any endangered or threatened species. The term ‘take’ is defined as ‘to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct.’ Juxtaposing this with the rules promulgated by the USFWS pursuant to the ESA define ‘harm’ as an act which ‘actually kills or injures wildlife.’ which may include significant habitat modification or degradation that results in killing or injuring wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (Gardner, 2014). As mentioned in the KFCTF Report, ESA could potentially be applied to the maintenance of feral cat colonies or failure to control feral cats, where ESA-listed species are known to live because feral cats have been well documented to prey upon endangered vertebrates (Medina et al., 2011). In 2016, a lawsuit was filed by American Bird Conservancy under the ESA against the Commissioner of the New York Office of Parks, Recreation, and Historic Preservation for facilitating the maintenance of feral domestic cats (Table III) at a state park on Long Island and within close proximity of nesting piping plovers (Charadrius melodus), a federally threatened bird species. The court took the stance of placing ‘broad affirmative duty to take such measures as are reasonably necessary to protect threatened species within [a governmental agency’s] jurisdiction’. A settlement in 2018 resulted in trapping and removing the domestic cats at Jones Beach State Park to an offsite sanctuary and requires the ongoing removal of any new domestic cats in the park. Similar to the ESA, the MBTA generally prohibits the take and killing of migratory birds 16 U.S.C. § 703(a). However, courts have frequently held that the purpose of the MBTA is to prohibit conduct aimed directly at birds and not to impose liability for acts that only

Dwivedi 13 What is a Feral Cat? incidentally cause bird deaths or injuries (KFCTF Report, pg. 78). This judicial interpretation allows for the harboring of cat colonies without any liabilities. Cases concerning cat management policies also tend to deal with issues of jurisdiction to ascertain whether a regulation is a municipality’s responsibility and requires localized implementation or if it should be broadly applicable on a state or national scale. In 2014, an appellate court in Illinois was of the opinion that diseases spread by cats cannot solely be a local issue. Seeking expert advice from a veterinarian and the administrator of the County’s animal and rabies control department, it was concluded that since free-roaming cats do not adhere to political boundaries, their reach extends to farther than one municipality (Table III). Therefore, adjudicating this issue through the lens of public health, the court held that cats are not a purely local issue and should not be treated as such. Thus, the county ordinance permitting TNR was to prevail over a village ordinance prohibiting it, in furtherance of animal health and disease prevention strategies under the constitution of Illinois.

Table III. Legislative definitions of different categories of cats in Continental United States

Sources Definitions

N.Y.S. Environmental Wild animal includes, and is limited to, any or all of the following Conservation Law § orders and families: 11-0103(5)(e) … (2) Felidae and all hybrids thereof, with the exception of the species Felis catus (domesticated and feral cats, which shall mean domesticated cats that were formerly owned and that have been abandoned and that are no longer socialized, as well as offspring of such cats) and hybrids of Felis catus that are registered by the American Cat Fanciers Association or the International Cat Association provided that such cats be without any wild felid parentage for a minimum of five generations.

N.Y.S. Public Health "Feral animal" shall mean any cat, dog or ferret that is born in the Law § 2140(13) wild and is not socialized, is the offspring of an owned or feral cat,

Dwivedi 14 What is a Feral Cat?

dog or ferret and is not socialized, or is a formerly owned cat, dog or ferret that has been abandoned and is no longer socialized.

510 Illinois "Feral cat" means a cat that (i) is born in the wild or is the offspring Consolidated Statutes of an owned or feral cat and is not socialized, (ii) is a formerly owned 5/2.11b (Animal cat that has been abandoned and is no longer socialized, or (iii) lives Control Act) on a farm.

West's Ann. Cal. Food … (b) For the purposes of this section, a “feral cat” is defined as a cat & Agric. Code § without owner identification of any kind whose usual and consistent 31750 - 31766 temperament is extreme fear and resistance to contact with people. A feral cat is totally unsocialized to people. (c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. In addition to any required spay or neuter deposit, the animal shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released.

Legislative progress in feral cat definitions in New Zealand Since their introduction to New Zealand, cats have often been considered an invasive pest that should be eradicated to protect nations’s native biodiversity (Somerfield, 2019) (Farnworth, Dye & Keown, 2010). Under New Zealand’s Code of Welfare Companion Cats 2018, cats are

Dwivedi 15 What is a Feral Cat? separated into companion, stray, and feral categories (Ministry for Primary Industries, 2018). Given the distinction between different categories of cats, feral cats are considered to pose a more significant threat to New Zealand’s native wildlife than companion or stray cats (Forest & Bird, 2018). The National Cat Management Strategy Group (NCMSG) was formed by eight national organizations in November 2014. This group focused on strategic goals and outcomes to proactively engage with the positive and negative impacts of cats in New Zealand and drafted well-defined cat categories (Table IV) to be used in feral cat management plans including the national Toxo Action Plan (Toxoplasmosis Action Plan, 2020). Drafting uniform definitions of different cat categories has allowed New Zealand to include them in formal management plans aimed specifically at mitigating toxo infections in the native marine mammals.

Table IV. Legislative definitions of different categories of cats in New Zealand, as provided by the NCMSG.

Legislative Terms Definitions

Feral Cats These cats are unowned, unsocialised, and have no relationship with or dependence on humans.

Domestic or These cats are considered to be owned by a specific person, sociable, Companion (owned) and are directly dependent on humans. Cats

Stray Cats These cats are unowned, of varying sociability, have varying interactions with humans, and dependent on humans. This category has been subdivided into Socialised stray cats and Unsocialised stray cats.

Socialised stray cats This category is further subdivided into managed and unmanaged socialised stray cats.

Unsocialised stray This category is further subdivided into managed and unmanaged cats unsocialized stray cats.

Dwivedi 16 What is a Feral Cat?

Managed strays cats This category may be socialised or unsocialized cats. This category includes but is not limited to cats referred to as colony cats and semi- owned cats.

Colony cats These managed stray cats are managed within a specific registered cat colony.

Semi-owned cats These managed cats are of varying sociability but are usually socialised to humans, they interact with people regularly and are directly and indirectly dependent on specific humans but are not part of a cat colony.

Legislative progress in feral cat management practices in Australia Feral cats are one of the greatest threats to Australia’s land-based mammals. Predation by feral cats is recognised as one of the primary factors in the decline and extinction of a number of native mammal species in Australia (Threat Abatement Plan, 2015) (Woinarski et al., 2014). Currently, feral cats imperil at least 142 species, or more than one-third of Australia’s threatened and endangered mammals, reptiles, frogs, and birds (Threatened Species Strategy, 2015). Feral cats have been eradicated successfully and permanently from many islands in Australia (Figure I). The Australian Threat abatement plan for predation by feral cats established a national framework to guide to coordinate the country’s response to the impacts of feral cats on native biodiversity (Table V). By categorizing cats based on their behaviour and Figure 1 Occurrence, Abundance, and Distribution of Feral cats in Australia

Dwivedi 17 What is a Feral Cat? interaction with humans, management policies in Australia use uniform definitions to implement strict strategies that include lethal means to control feral cat populations.

Table V. Legislative definitions of different categories of cats in Australia

Legislative Terms Definitions

Threatened Species Feral cats are cats that operate in the wild and can survive without Strategy, 2015 human reliance or contact.

Threat Abatement Plan Feral cats are those that live and reproduce in the wild (e.g. forests, for Predation by Feral woodlands, grasslands, deserts) and survive by hunting or Cats, 2015 scavenging; none of their needs are satisfied intentionally by humans; Stray cats are those found in and around cities, towns and rural properties; they may depend on some resources provided by humans but are not owned; Domestic cats are those owned by an individual, a household, a business or corporation; most or all of their needs are supplied by their owners. If the confinement of domestic cats becomes more common, the category of a domestic cat may need to be divided to confined and unconfined cats because the potential for these two groups to impact on native fauna is different.

Australian Government, Domestic cats are ones that are owned and cared for; Department of the Stray cats are those found roaming cities, towns, and some farming Environment and Energy areas and can draw some of their resources from humans; Responsibly owned domestic cats are those which are cared for according to the Royal Society for the Prevention of Cruelty to Animals (RSPCA) policies including desexing, registering, and containment; Roaming domestic cats are those owned and cared for but allowed to roam outside.

Dwivedi 18 What is a Feral Cat?

Department of Primary Feral cats are defined as cats that are living and reproducing in the Industries and Regional wild. They are not owned or socialised and survive on their own in Development the wild by hunting. (Agriculture and Food)

National Declaration: Feral cats are a nationally significant pest that threaten our unique Feral cats as Pests, 2015 native fauna. While recognising the important role of domestic cats as companion animals, domestic and stray cats may also threaten native fauna.

Legislative and Policy Sources Ranked on a 10 point scale

Table VI: Domestic and National Sources Ranked on a 10 point scale

Source Points Justification Awarded

Hawai‘i House Bill No. 10 Attempted to change the definition of ‘predators’ to 2593 include cats. This would have allowed DLNR to (not adopted into law) manage cat populations in the game management area, public hunting area, or forest reserve or other lands under the jurisdiction of the Department the same way as other predators (Table II).

Hawai‘i House Bill No. 5 Provides definition of stray and feral cats but 2118 and Senate Bill No. promotes TNR as management policy (Table II). 2450

Hawai‘i Invasive Species 5 A clear and practical definition of feral cats (Table Council II), but does not define other categories of cats.

Dwivedi 19 What is a Feral Cat?

Endangered Species Act, 5 The protection from ‘taking’ a ESA-listed species 1973 under the act has not been applied to the damage caused by permitting cat colonies to exist on a landscape.

Migratory Bird Treaty Act, 5 The protection from ‘taking’ a ESA-listed species 1918 under the act has not been applied to the damage caused by permitting cat colonies to exist on a landscape.

N.Y.S. Public Health Law 5 A clear and practical definition of feral cats (Table § 2140(13) II).

Table VII: International Sources Ranked on a 10 point scale

Source Points Justification Awarded

NCMSG Report, 2020 (New 10 Clearly defined definitions of different cat Zealand) categories with effective management implications.

Threat Abatement Plan for 10 Clear definitions of different categories of cats Predation by Feral Cats, including Feral, Stray, and Domestic. These 2015 definitions are uniformly applied in management strategies to manage feral cats populations.

Australian Government, 10 Definitions provided here are clear and concise. Department of the Being part of the official governmental definitions, Environment and Energy they have effective policy implications.

Threatened Species 5 Provides definition of feral cats but does not Strategy, 2015 (Australia) provide clear definitions of other cat categories.

Dwivedi 20 What is a Feral Cat?

Department of Primary 5 Provides definition of feral cats but does not Industries and Regional provide clear definitions of other cat categories. Development (Agriculture and Food)

National Declaration: Feral 5 Governmental declaration of cats as pests has cats as Pests, 2015 crucial management implications. However, no accompanied policy is provided with this declaration.

Dwivedi 21 What is a Feral Cat?

Conclusion Drawing from the aforementioned discussions and results, it is concluded that cats in Hawai‘i can most effectively be categorized as 1) Common Pet Cats or Companion Cats, 2) Indoor-Outdoor Cats, 3) Stray Cats, 4) Colony Cats, and 5) Feral Cats. These definitions are provided in Table VIII.

Table VIII: Definitions of different categories of cats to be implemented in Hawai‘i

Common Pet Common Pet Cat/ Companion Cat (including a kitten) that lives with Cat/ humans (indoors) as a companion and is dependent on humans for its Companion welfare. Cats

Indoor-Outdoor An Indoor-Outdoor Cat is a companion cat that is allowed access to be Cats outdoors and indoors by its owner, but primarily resides indoors.

Stray Cats Stray Cat: A companion cat that is lost or abandoned or born stray, and that is living as an individual or in a group (colony). Stray cats have many of their needs indirectly supplied by humans, and live around centres of human habitation.

Colony Cats A Colony Cat lives within a colony of several other stray cats. It does not have access to indoors but is dependent on human caregivers for food and water.

Feral Cats Feral Cats are identical to the common pet cat and are the same species separated only by lifestyle and behavior. Feral cats generally do not live around centres of human habitation. Feral cat population size fluctuates largely independently of humans, is self-sustaining and is not dependent on input from the companion cat population. Feral cats live completely independently and can be found in all types of habitat, including free- ranging in the mauka lands.

Dwivedi 22 What is a Feral Cat?

Other recommendations for effective feral cat management include: 1) Setting up a state- wide Feral Cat Task Force to bring together various stakeholders and work towards a common goal of feral cat management. 2) Adopt and implement the definitions identified in this paper. 3) Conduct audits to ensure proper implementation of these definitions, once they are adopted by the state. 4) Increase outreach and awareness of this issue by expanding school curriculums for education. The website ‘HICat’ (Appendix A) may also be used as a tool for dispensing more information on this topic to the public.

Dwivedi 23 What is a Feral Cat?

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Hawaii Administrative Procedures Act, HAR § 13 – 124

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H.B. 2118, Twenty-Eight Legislature, 2016. (Haw. 2016)

H.B. 2593, Twenty-ninth Legislature, 2018. (Haw. 2018)

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Lohr, C. A., & Lepczyk, C. A. (2013). Desires and management preferences of Stakeholders Regarding feral cats in the Hawaiian Islands. Conservation Biology, 28(2), 392- 403. doi:10.1111/cobi.12201

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Dwivedi 26 What is a Feral Cat?

Appendix

A. HICat website

Figure 2 Homepage of the website

Figure 3 Screenshot shows the local & international news section of the website

Dwivedi 27 What is a Feral Cat?

B. Other conservation concerns linked to cats in Hawaiʻi

Figure 5 Cat preys on endemic & endangered shearwater in Kauai. Photo credit Dr. André Raine.

Figure 4 Photo Credit: American Bird Conservancy

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