NSW Government Submission to the House of Representatives Standing Committee on the Environment and Energy Inquiry into the problem of feral and domestic cats in Australia This NSW submission addresses each of the key issues identified in the Terms of Reference for the Inquiry. The prevalence of feral and domestic cats in Australia The population of feral cats in Australia fluctuates between 2.1 million and 6.3 million (Legge et al 2017). However, there is a high level of uncertainty with this estimate – e.g. the 95 per cent confidence interval for the relevant research has an upper limit of 11 million feral cats. Feral cats occur across the entirety of Australia. Legge et al 2017 identified that they are present across 99.8 per cent of Australia’s land area. This is consistent with West and Saunders 2007 and subsequent surveys conducted by the NSW Department of Primary Industries (DPI), which found that feral cats occur across the entirety of NSW. Feral cat densities vary across various landscapes associated with rainfall and productivity. However, lower densities of feral cats may be just as devastating in lower productivity areas as native prey densities will also be lower in these locations. The impact of feral and domestic cats including on native wildlife and habitats It is estimated that cats are killing more than 1.6 billion native animals every year across Australia. Feral cats kill the vast majority – over 1.4 billion native animals are killed annually by feral cats. The critical question is what has been, and continues to be, the impact of this level of cat predation on our native wildlife populations, especially native mammals. Feral cats are a critical driver of faunal extinctions and declines in Australia. Feral cats have been implicated in the extinction and decline of many Australian mammals (Woinarski et al. 2015; Radford et al. 2018) and some birds (Garnett et al. 2011; Woinarski et al. 2017a) and the decline of some reptiles (Woinarski et al. 2018; Chapple et al. 2019).

In terms of context - Australia has the worst mammal extinction rate in the world. More than 30 terrestrial mammal species have been made extinct since European settlement, which represents over 10 per cent of Australia’s original terrestrial mammal fauna. In contrast, only one terrestrial mammal species in North America has become extinct since its European settlement. There are 26 mammal species listed as extinct in NSW. This includes:  nine species which are globally (nationally) extinct.  seventeen species which are listed as extinct in NSW but which survive elsewhere in Australia and can be reintroduced to NSW. In total, 60 per cent of all NSW mammal species are listed as threatened (Source: NSW State of the Environment Report 2018). The ongoing risk to our biodiversity generally is reflected in the findings of the NSW State of the Environment Report 2018 which includes the following statements: “A general pattern of long-term decline in biodiversity is evident in reductions to the range or abundance of many native vertebrate species.” “The number of species considered at risk of extinction continues to rise.” Many extant Australian species, particularly mammals, have current distributions and population sizes that comprise only a minute proportion of their former range and abundance (Woinarski et al., 2015). For our mammal fauna, which has suffered the most substantial decline of any faunal group, feral cats and foxes are identified as the greatest threat, along with changed fire regimes. (Source: Action Plan for Australian Mammals 2012, CSIRO Publishing). The effective management of feral predators – cats and foxes – is essential to prevent the ongoing decline, and provide for the recovery of, many of our most threatened species, especially mammals and ground-dwelling birds. The impact of cats has been documented in a series of published scientific papers.  Across Australia, cats kill over 1.6 billion native animals every year – of this amount, feral cats kill over 1.4 billion.  Cats kill: o 509 million native mammals (459 million native mammals are killed by feral cats) (Murphy et al 2019); o 649* million reptiles (596 million reptiles are killed by feral cats) (Woinarski et al 2018); o 377* million birds (316 million birds are killed by feral cats) (Woinarski et al 2017); o 93 million frogs (92 million frogs are killed by feral cats) (Woinarski et al 2020). * Over 99% are native species.  Feral cats are live prey specialists (which often limits the effectiveness of baiting).  Feral cats kill native animals even when they don’t need to eat.  Feral cats kill a wide range of prey – one analysis concluded that cats prey on at least 400 native and introduced vertebrates in Australia, including 123 birds, 157 reptiles, 58 marsupials, 27 rodents and 21 frogs. Gut analysis from more than 100 cats, as part of a NSW National Parks and Wildlife Service south coast program, showed cats eating smoky mouse, eastern-pygmy possum, feather-tailed glider, antechinus, bandicoots, potoroos and possums.  In NSW they are thought to impact 117 threatened species, more than any other feral animal species (Coutts-Smith et al 2007).  Feral cats are listed as a key threatening process under the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999, as well as the NSW Biodiversity Conservation Act 2016.

The effectiveness of current legislative and regulatory approaches In NSW, feral cats are identified as a priority pest animal in all 11 Regional Strategic Pest Animal Management Plans (https://www.lls.nsw.gov.au/help-and-advice/pests,-weeds-and-diseases/pest- control/regional-strategic-pest-animal-management). All private and public land managers have a general biosecurity duty, under the Biosecurity Act 2015, to take all practicable measures to minimise the risk of any negative impacts by feral cats on their land, or neighbouring lands. Legislative reform is unlikely to provide a remedy which will limit and reduce the impact of feral cats. The main issue preventing more effective feral cat control in NSW is the lack of an effective broadscale technique. Research is underway to help identify improved feral cat control strategies. The effectiveness of Commonwealth action and cooperation with states and territories on this issue, including progress made under the Threat Abatement Plan, national framework and national declaration relating to feral and domestic cats in Australia The National Feral Cat Taskforce and the EIC Terrestrial Vertebrate Pest Working Group provide valuable opportunities for coordination and communication on feral cat management amongst the various states, territories and commonwealth government departments. They have allowed for increased collaboration and understanding across jurisdictions that has led to more efficient use of research resources required to improve feral cat management. Making best use of the funding available to develop effective broadscale feral cat control techniques is an important component in improving our ability to manage the impacts of feral cats. The efficacy (in terms of reducing the impact of cats), cost effectiveness and use of current and emerging methods and tools for controlling feral cats including baiting, the establishment of feral cat-free areas using conservation fencing, gene drive technology There is currently no landscape-scale technique or strategy that will deliver effective feral cat management, other than conservation fencing to establish large feral cat-free areas (see below). Techniques such as trapping and shooting can remove individual cats, and in some cases can deliver short-term localised control. However, they cannot permanently suppress feral cat numbers at a landscape scale to a level that allows the restoration of populations of our most susceptible native species. Similarly, baiting is not yet a proven, effective landscape-scale strategy in NSW. NSW is investing in improving monitoring techniques for feral cats as part of research designed to improve the effectiveness of feral cat control, including baiting. In particular, the University of New England, in partnership with the Department of Primary industries and the National Parks and Wildlife Service (NPWS), is undertaking a five year $30M Environmental Trust Major Project. This is the largest investment in feral cat research ever undertaken in NSW. More information can be found at: https://www.une.edu.au/about-une/faculty-of-science-agriculture- business-and-law/school-of-environmental-and-rural-science/research/life-earth-and- environment/feral-cat-project. Establishing feral cat-free areas using conservation fencing A recent analysis by the NESP National Threatened Species Recovery (TSR) Hub (a consortium of leading science institutions funded by the Federal Government) noted that the establishment of feral predator-free areas is an essential component of any strategy to prevent further extinctions and promote the recovery of our most susceptible mammal species.

This reflects a broad scientific consensus that other strategies – such as baiting – can deliver ecological benefits in some cases but are generally not able to reduce feral cat densities to a level that will promote the sustained recovery and reintroduction of our most susceptible mammals.

The TSR analysis stated: “A network of islands and enclosures that are free of introduced predators is a necessary complement to the conventional reserve system, and is required in the short to medium-term to prevent extinction of predator-susceptible threatened mammal species”.

The success of, and need for, feral cat-free areas is evidenced in a range of published scientific reports, previous inquiry reports and government strategies. Of note, the 2019 Threatened Species Mammal Index reveals:  An average increase of 500% for 15 threatened mammal taxa between 2000 and 2016 as a result of conservation in feral-free areas.  An average 60% decrease between 1995 and 2016 for 32 mammal taxa in sites with no targeted management intervention.

NSW Reintroduction of Locally Extinct Mammals (RoLEM) project In 2016, the NSW Government initiated the historic and innovative Reintroduction of Locally Extinct Mammals (RoLEM) project, which is returning at least 13 mammal species currently extinct in New South Wales back into the wild. Through two contracts, with the Australian Wildlife Conservancy and the University of New South Wales, this initiative has already seen the return of threatened mammal species, including the greater bilby and bridled nail-tail wallabies. These species had previously not been seen in their natural habitat in New South Wales for over 90 years. Nearly 130,000 hectares across 3 NPWS reserves are dedicated to the project. Within these areas, the Australian Wildlife Conservancy and University of New South Wales have established and are managing large fenced areas of several thousand hectares (see table below) where mammals are being reintroduced. Species are being reintroduced into areas protected by predator proof fences after all feral predators – including cats - are removed. Constructing predator proof conservation fences is the most effective option to ensure the safe reintroduction of these threatened mammal species. Scientific research has shown these locally extinct mammals play a significant role in maintaining the health of ecosystems. Reintroducing them to areas where foxes, feral cats and other pest animals have been removed will not only reduce their risk of extinction but is expected to deliver significant benefits to many other native species and improve ecosystem health accordingly (refer table below). Accordingly, the project is a nationally significant example demonstrating the conservation benefits of large cat-free areas, using conservation fencing, which are embedded in locations with broader landscape-scale feral animal control.  The Mallee Cliffs site will be the largest feral cat-free area on mainland Australia.  The Project will see 13 native species removed from the “extinct” list in NSW – a globally significant achievement.  The ecological benefits for extant fauna and ecosystems generally will be significant.  There are a range of associated benefits including: o Establishing new visitor destinations (socio-economic benefits) o The return of culturally significant species. o Advances in scientific knowledge about feral cat impacts and control measures.

Contractor / Species to be Project Invasive species Other Landscape/ reintroduced– landscape and to be removed threatened Enclosure size common name environment fauna to benefit (examples only) UNSW - Wild 7 species, including - Arid - Cats - Dusky- Deserts 1. Greater Bilby landscape - Wild dogs hopping 2. Western Quoll - Strzelecki - Foxes mouse Sturt National 3. Western Barred Dunefields - Rabbits - Desert Park Bandicoot bioregion - Feral pigs Mouse - 2 x 2000 Ha 4. Burrowing Bettong - Parallel, - Plains feral-proof 5. Golden Bandicoot vegetated mouse exclosures 6. Crest-tailed red siliceous - Woma (18km Mulgara sand dunes python perimeter); 7. Greater stick-nest - 3 x winged rat fences (10km long) enclosing a 10,400 Ha ‘wild training zone’;

AWC At least 6 species, - Mesic - Cats - Corbans including landscape - Foxes long-eared Pilliga State 1. Greater Bilby (wetter) - Goats bat Conservation 2. Western Quoll - Alluvial - Rabbits/Hares - Superb Area and Gilgai 3. Western Barred outwash - Pigs parrot section of Pilliga Bandicoot floodplains - Cattle, - Glossy NP 4. Bridled Nailtail derived from horses, sheep Black Wallaby Cockatoo - Predator proof 5. Brush-tailed quartz - Rufous fence 32.1 km Bettong sandstone Bettong long enclosing 6. Plains Mouse - Brigalow Belt 5 800 Ha South Biogregion AWC 10 species, including - Temperate - Cats - Malleefowl 1. Greater Bilby climate (hot - Foxes - Southern Mallee Cliffs NP 2. Western Quoll summers, - Goats Scrub 3. Western Barred cool winters) - Rabbits robin Predator proof Bandicoot - Sandplains, - Pigs - Western fence 37.2 km 4. Burrowing bettong dunes and Pygmy enclosing 9,570 5. Brush-tailed linear dunes Possum ha Bettong - Murray - Southern 6. Bridled Nailtail Darling Ningaui Wallaby Depression - Mallee 7. Greater Stick-nest Bioregion worm- Rat lizard 8. Mitchell’s Hopping- - Jewelled mouse gecko 9. Numbat 10. Red-tailed Phascogale

Following the successful eradication of feral cats and foxes, two species have been reintroduced to the Pilliga breeding area (680 hectares); the greater bilby in December 2018 and bridled nail-tail wallaby in September 2019. Greater bilbies were also reintroduced to the Mallee Cliffs breeding area (480 hectares) in October 2019. Greater bilbies will be introduced into Sturt National Park in September 2020. These introductions have the potential to greatly boost the number of these threatened species. For example, see the table of estimates for both the Pilliga and Mallee Cliffs sites below. Pilliga

Global Proposed Pilliga Species population potential population Increase estimate (2012) estimate Bridled Nailtail 2,300 2,100 90% Wallaby Western Barred 3,000 1,550 50% Bandicoot Bilby 10,000 850 8% Brush-Tailed <18,000 2,900 16% Betting Plains Mouse 10,000 1,000 10% Western Quoll 13.500 90 inside, 210 outside 1-2%

Mallee Cliffs

Global Proposed Pilliga Species population potential population Increase estimate (2012) estimate Western Quoll 13.500 90 inside, 350 outside 1-3% Red-tailed <10,000 1,700 17% Phascogale Numbat <1,000 270 27% Western Barred 3,000 1,600 53% Bandicoot Bilby 10,000 1,100 11% Brush-Tailed <18,000 1,800 10% Betting Bridled Nailtail 2,300 2,150 93% Wallaby Mitchell’s Hopping 10,000 1,000 10% Mouse Greater Stick-nest 4,500 1,800 40% Rat

Establishing a network of feral-free areas should be considered an important medium-term conservation strategy, at least until an effective approach to reducing the impacts of introduced predators across open landscapes can be designed and implemented. However, this could take decades and there is no guarantee of success in all open landscapes, especially for the most predator-susceptible species. Intensive pest control is being undertaken in the areas immediately adjacent to the fenced areas as a potential release strategy. Although these areas may not be entirely feral cat and fox free, release into these low levels predator locations may allow for development of anti-predator techniques and the possibility of persistence in NSW environments outside the fenced areas. Restoring these species to NSW allows for a unique opportunity to research and understand their contribution to ecosystem processes, as well as providing a unique and engaging visitor destinations to generate regional socio-economic benefits and improving community awareness of conservation challenges and restoration benefits. It also provides cultural benefits from return of key species and associated lands of importance to indigenous communities towards pre-European settlement condition. As indicated above, the establishment of cat-free areas is an essential component to a broader conservation strategy – however, they need to be designed and established as part of a broader suite of conservation measures including continued development of landscape-scale feral cat control methodologies. There are also risks and limitations on the use of feral cat-free areas that need to be managed and integrated into project design. These include:

o genetic management of small populations – needs to be addressed by choosing the right source population; sufficient founder size; ongoing exchange of animals between areas over time o management measures to avoid over-population of some species – risk needs to be minimised by having large fenced areas; reintroducing native predators; removal (if required) of some individuals for release elsewhere o the potential impacts arising from the fence as a barrier – the impact is low as only a very small number of species are affected; this is addressed through environmental assessment and site selection o the importance of reintroducing native predators (quolls, pythons, etc) to help avoid loss of anti-predator characteristics/behaviour.

The establishment of feral cat-free areas is an important component of an overall strategy which should also include preserving and improving habitat quality (especially ground cover) and habitat connectivity, which will help improve the resilience of native animal populations, recognising that feral cats will continue to exist in the landscape at varying densities (at least in the medium-term – see below). The impact of feral cats needs to be managed as part of a wholistic approach to conservation which includes fox control, pest herbivore control and the restoration of habitat. Long term options – possible synthetic biology solutions Long-term, a strategy/technique is required that will eliminate feral cats from the Australian landscape or at least significantly reduce feral cats at a continental scale. One potential development which may assist with this endeavour is the development and delivery of a synthetic biology-based solution – e.g. CRISPR-Cas9-based synthetic gene drives can be used to force deleterious traits (such as male-only offspring) through target populations. This technology is delivered and spread through sexual reproduction. As a result, the potential of this powerful new approach is unprecedented, making landscape scale pest eradications theoretically possible. CSIRO, Adelaide University, Macquarie University and others are currently developing and implementing a program for the genetic control of feral cats using a synthetic gene drive. However, this is a long-term program, and there is no guarantee of success. In addition to the technical hurdles, there will also be challenges in securing community acceptance of novel genetic control techniques. In order to apply this technique, a high-quality cat genome will first need to be developed. It will then need to be determined whether this genome can be manipulated, and whether this manipulated genome can be deployed in the field. Application of this technique will also require significant improvements in our understanding of feral cat ecology, dispersal, reproductive biology and genetics. This information will also help improve conventional feral cat control measures. Another advantage is that the development of the technology could potentially be applied to the control of other feral species.

A synthetic biology solution should not be regarded as a silver bullet – however, it could be a critically important tool as part of an integrated package of measures.

NSW is chairing an intergovernmental working group to explore potential new feral cat control strategies – such as synthetic biology – and report back to Environment Ministers. The efficacy of import controls for high risk domestic cat varieties to prevent the impacts of feral and domestic cats, including on native wildlife and habitats The 2008 decision to forbid the importation of Savannah cats identified that the system had improved to prevent high risk domestic cats varieties from being imported. Subsequent proposals to import other high risk varieties have been discussed amongst jurisdictional representatives with mechanisms put in place to prevent their importation. There is still concern that Bengal cats have previously been approved for importation, and cats with Bengal characteristics have been observed in some urban NSW national parks and reserves. Public awareness and education in relation to the feral and domestic cat problem Across NSW, recognition that feral cats are a significant problem has increased in recent years, partly due to the issue being raised by the Federal Threatened Species Commissioners. Feral cats are now recognised as a problem, but the details on why they are a problem, and why they are so difficult to manage, are still not widely understood in the broader community. Future engagement with the community needs to focus on bridging this gap and providing solutions, rather than just continuing to raise awareness of the problem. The interaction between domestic cat ownership and the feral cat problem, and best practice approaches to the keeping of domestic cats in this regard Both feral and domestic cats have serious impacts on native wildlife. With feral cats ubiquitous across Australia, they do not need to rely on domestic cats to keep their populations stable, although there is genetic flow, particularly in peri-urban environments. NSW has recently introduced an annual $80 permit requirement for non-desexed cats, in an effort to further encourage owners to desex their cats (https://www.olg.nsw.gov.au/councils/responsible-pet-ownership/nsw-pet-registry/annual- permits/). NSW is also looking to improve messaging about best-practice approaches to keeping domestic cats. Recent research has identified that cat owners may respond best to messaging that highlights the benefits to the welfare of their cat, while also acknowledging the benefits to wildlife, rather than focussing solely on the potential damage their cat could cause. The RPSCA is undertaking an Environmental Trust Major Project in partnership with local councils to further develop and implement this approach. The NSW Government understands the challenge posed by stray and roaming domestic cats as well as feral cats. Residents and local councils in a range of local government areas, particularly those in peri-urban areas of Greater Sydney, continue to express concern about the incidence of domestic and feral cats and the inconvenience and nuisance they pose to property owners as well as negative impacts on our native wildlife and environment. The NSW Government understands the importance of animal welfare and of pet ownership to the community and remains committed to improving animal welfare outcomes and encouraging responsible pet ownership. Ultimately, cat owners and breeders must take responsibility for the safety and welfare of their animals, including cat owners buying and breeders selling healthy animals that suit the owner’s lifestyle and circumstances. Ensuring animals are appropriately housed and cared for improves their welfare as well as reduces negative impacts for people, other animals and the environment. With that in mind, cat owners are encouraged to confine their cats to their property. This is an important means of reducing health risks for cats as well as eliminating negative impacts on neighbouring property owners, on wildlife and on the environment. Importantly, while owners bear principal responsibility for managing their cat’s behaviour, local councils have relevant powers to manage cats in each local government area under the Companion Animals Act 1998, including domestic or ‘pet’ cats that roam beyond their owner’s property. A council may issue an order in relation to a nuisance cat – that is, a cat that either makes a noise that persistently disturbs the peace and comfort of any person, or repeatedly damages anything outside the property on which it is ordinarily kept. Nuisance orders remain in force for six months and specify the behaviour of the cat that must be prevented. The owner can be issued with a fine each time the nuisance order is not complied with. Members of the public are also able to seize a cat if it is in a public place prohibited under the Act (including wildlife protection areas), or, where it is reasonable and necessary to protect any person or animal (except vermin) from injury or death. Any seizure of a cat must be consistent with animal welfare laws and a seized animal must be delivered to its owner, a council pound or other approved premises, such as the RSPCA or Animal Welfare League (AWL), as soon as possible. Councils are encouraged to work with animal welfare organisations, residents and other parties to increase micro-chipping and registration rates for cats and, in particular, to encourage de-sexing as a means of reducing roaming and other negative behaviours as well as the potential for unwanted litters of kittens that may become stray or contribute to feral cat populations. Local government’s companion animal management functions in NSW receive funding from the Companion Animals Fund, which comprises fees received from lifetime registration and annual permit fees, as well as from any revenue from penalties and from fees levied in relation to impounding, release and sale of cats and dogs. A package of 'Good Neighbour' resources released by the Cat Protection Society of NSW, with the support of the Government, councils and other stakeholders has been released to support cat owners and residents. This material aims to support pet owners to understand the importance of confining cats to their property and provides practical advice and support. Further information about these resources is available from the Society on 02 9519 7201 or at https://catprotection.org.au. The NSW Government has also introduced several significant reforms to improve cat management. Since 1 July 2020, annual permits for non-desexed cats have been required in NSW. This means that owners of cats that are not desexed by the age of four months must pay an ongoing fee of $80 per year. By encouraging the early age cat desexing, these permits are designed to reduce roaming as well as unwanted litters of kittens that place an unnecessary burden on ranger services, pounds and shelters and community-based animal rehoming organisatoins. A range of maximum penalties and on-the-spot fines concerning the registration and microchipping of cats have also been recently increased in NSW. On-the-spot fines for failing to microchip a cat or failing to register a cat have increased to $180 and $330 respectively. If a cat owner fails to ensure it is not in a public place where it is prohibited or fails to ensure it has an acceptable form of identification, on-the-spot fines have increased to $180. These reforms form a key part of improvements to cat management in NSW, adding to ongoing work to improve whole of life tracking of cats bred in NSW through the Companion Animals Register, including by better regulating the advertising of animals for sale, introducing online access to that Register through the NSW Pet Registry and improving information sharing between councils, animal welfare enforcement agencies and the Police in relation to cats and dogs. References Coutts-Smith AJ, Mahon PS, Letnic M, and Downey PO 2007, The threat posed by pest animals to biodiversity in New South Wales. Invasive Animals Cooperative Research Centre, Canberra. 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West P and Saunders G 2007, Pest Animal Survey: A review of the distribution, impacts and control of invasive animals throughout NSW and the ACT. NSW Department of Primary Industries, Orange NSW Woinarski JCZ, Murphy BP, Legge SM, Garnett ST, Lawes MJ, Comer S, Dickman CR, Doherty TS, Edwards G, Nankivell A, Paton D, Palmer R, and Woolley LA 2017; How many birds are killed by cats in Australia each year, Biological Conservation, 214; 76-87 Woinarski JCZ, Murphy BP, Palmer R, Legge SM, Dickman CR, Doherty TS, Edwards G, Nankivell A, Read JL and Stokeld D 2018; How many reptiles are killed by cats in Australia, Wildlife research 45; 247-266 Woinarski JCZ, Legge SM, Woolley LA, Palmer R, Dickman CR, Augusteyn J, Doherty TS, Edwards G, Geyle H, McGregor H, Riley J, Turpin J, and Murphy BP 2020; Predation by introduced cats Felis catus on Australian frogs: compilation of species records and estimation of numbers killed, Wildlife Research https://doi.org/10.1071/WR19182