Animal Welfare Task Force Meeting Notes of 01/18/13

ANIMAL WELFARE TASK FORCE MEETING  NOTES of 01/18/13

Please note:  as usual, these are NOT the official minutes of the meeting.  They are notes taken by me and Prof. Lynn Lofthouse. My comments are in parens and italics.  For a complete list of who attended or exactly which person said what, see the official minutes.

Have checked - the Alley Cat Allies president is Becky Robinson, the attorney is William Gomaa.

Senator Blevins / Representative Jacques / Senator Peterson / Mike Petit de Mange, Kent County / Jane Pierantozzi, Faithful Friends / Rita Hughes for Safe Haven / DE SPCA / Kevin Usilton, KCSPCA / Lisa Smith, Tri-State Bird Rescue / Hilary Taylor, DE Wildlife Rehabilitators / Dr. Verne Smith, Widener Univ. / Hal Godwin, Sussex County / Hetti Brown, HSUS / Dr. Morgan Dawkins, DVMA / Caroline Hughes / Becky Rollison and ???  Goma, Alley Cat Allies (my apologies to Mr. Goma, I did not get his first name or the correct spelling of his last…..)

The subject of this meeting was feral cats and Trap Neuter Release (TNR).

The first presentation was given by Dr. Verne R. Smith (Dr. Smith is an attorney specializing in Animal Law @ Widener, the chair of that Dept. and the Dean of Administration, as well as involved in TNR himself).  Dr. Smith handed out a law review article concerning this subject.  He notes, based on research that kill rates in shelters for dogs is 50% while 70% for cats; the “re-claim” rates for dogs is 20% vs. 1-2% for cats.  This highlights the problems with cats. 

Dr. Smith notes that there are these “cat”egories for felines:  (a) stray, (b) feral, (c) owned, and (d) wildlife.  The accepted definition of a “feral” is that it is unowned and unsocialized, and is often, but not always, born outdoors.  Not all feral cats are wild or actually feral – many are abandoned pets.  The more contemporary, accepted way to refer to these cats is “community cats” – cats that are not owned but are cared for.   He noted that Delaware Code has a slightly different definition of “feral.”  However, cats and their caretakers are referenced (but not defined) in Delaware law under the spay/neuter statute, which recognizes TNR.

States vary in their approach to cats.  Under Delaware code,  cats are not wildlife, a non-native species and are not classified as “domestic animals” and therefore not covered under the “dangerous dog” section of Title 9 (i.e., if a dog kills your cat, there is no recourse because the cat is not a “domestic animal).   Dr. Smith’s belief is that there will always be feral cat communities no matter what laws are passed, and that the issue comes down to what is the most effective and humane solution.

The question is:  What is the most effective approach to dealing with the issues presented by community cats?  There are three issues:

1-Population:  there are estimated to be 1-80 Million cats nationwide

2-Species predation:  Cats hunt birds, rodents, etc.  Some studies blame cats for decreases in the bird population

3-Disease Transmission:  No one is charged with the responsibility for vaccinating community cats for rabies

He noted that the feral cat population at any level – state or nationally – is hypothetical.  Regarding predation of birds, studies disagree and are disputed on both sides; there is no definitive answer.  For public health – managing cat colonies and vaccinating the animals creates a barrier between wildlife and unvaccinated animals and the human population.

Dr. Smith notes that there are two management methods used when it comes to community cats: one is successful, the other unsuccessful.

The first method is to trap and kill the cats.  He cited research that this does not work; although there is a temporary decrease in the population, it is only a temporary vacuum.  In most cases, the population not only recovers, it becomes larger.  The cost to kill community cats is high - estimated at $100 per cat.  It is also considered inhumane and unpopular with the public, creating a backlash in communities toward elected officials.

The other option is TNR (trap-neuter-return). TNR creates a “managed colony” which has caretakers providing food and identifying when a cat needs medical attention.   Cats are trapped, spay/neutered and vaccinated, then released back into the colony.  Where cats or kittens can be socialized, adoption is possible.  Dr. Smith said that with TNR, nuisance complaints are decreased, shelter intake of cats is decreased (lowering shelter costs),  it is popular with the public, and disease is not a problem because when the cats are trapped, they are vaccinated against disease.  These cats are less likely to be predatory because they are well fed and not hungry.

Dr.Smith also addressed the issue of conflicts occurring between homeowners and feral cat caretakers.  Here is where the law must be explicit, but it is not.

a-Anyone feeding a community cat or cats is considered a “caretaker”

b-The duties or responsibilities of caretakers for feral cats is unclear

It is this lack of clear definition of the responsibilities of community cat caretakers that is often the subject of disputes.

He has three recommendations to help communities and community cats live in harmony with homeowners:

1-Clarify the law to specify the body mandated to help sick or injured cats.  If it is the “caretakers” their duties and responsibilities need to be clarified.

2-Define feral cat  “caretaker” in the law, and specify caretakers’ responsibilities toward the cats under their care.  The language in the present law is too ambiguous.  He felt that the law should also mandate animal control to respond to sick or injured cats, and revise owner/keeper language to include specific provisions for feral cat caretakers.

3-Promote TNR, as the preferred management approach.

He noted that TNR is already promoted by the State as public policy. 

Discussion and questions from the Task Force Members followed.  Mr. Godwin asked how TNR worked better than killing the cats.  Dr. Smith explained that cat colonies defend their territory, and TNR ensures that there will be no kittens born in the colony, allowing the population to reduce over time through natural attrition.  Mr. Godwin was not convinced, saying “how?  If they’re dead, they can’t reproduce.”  He also asked about the cost of the s/n surgeries.  Dr. Smith said that often volunteer services are provided.  Mr. Petit de Mange said that if this was a mandate for animal control, with an official TNR program rather than the ad hoc system now in place, fiscal analysis would have to be done to estimate the cost.  He asked if this could be done; Dr. Smith said this had been done in other states.  Mr. Petit De Mange said he would need a budget.  It was noted that Alley Cat Allies would address this in their presentation.  Ms. Brown noted that she had helped the City of Harrington set up their community cat program.  Harrington chose to go the TNR route after realizing that 10 years of killing cats had not only reduced the population, there were more now.  Dr. Gallagher said that she had a managed colony behind a shopping center in Bear, and she asserted that TNR does work.

(At a Clayton town meeting where Ms. Brown was asked to present info on a similar program, the public works manager said that the same thing that Harrington found – there were more cats, not fewer, despite killing them for 10 years.)

Alley Cat Allies representatives Becky Robinson and Will Goma, Esq.  The organization was founded in 1990, making it the oldest TNR organization in the country, with half million supporters.  Mr. Goma gave their presentation.

He opened by saying that 70% of cats brought to shelters are killed (repeating Dr. Smith’s information).  In Delaware, cats are twice as likely as dogs to be killed.  TNR drops the kill rate by reducing stray and owner surrenders.  .

He cited research that asked people which they thought was more humane: 

A)    Leaving cats outside to live out their lives – 81%

B)     or killing them – 14%

C)    n/a – 5 %

Overwhelmingly the public supported allowing community cats to live their lives outside.  The question therefore becomes how to curtail the numbers and keep colonies from growing.

Mr. Goma cited the Vacuum Effect, first publicized by Mark Kumpf.  This, much in line with what Dr. Smith said, forecasts that when cats are killed/removed to reduce colony size, the attractive territory (food, shelter) is filled again as more cats move in.

Mr. Goma quoted the National Animal Control Association (NACA) chairperson – “no animal control agency can afford to trap and kill over and over again – it’s like bailing an ocean with a thimble.

Mr. Goma supports using the term “community cats” instead of feral cats, because it isn’t just one person caring for the animals.  He also notes that ear tipping is essential after a community cat is neutered or spayed.   The tipping allows for quick visual notation that the cat has been altered and that it belongs to a managed colony

Research cited by Mr. Goma that supports that TNR (including 2 separate university studies):

1)      stabilizes the cat population

2)      improves the quality of cats’ lives/health, preventing the stress of pregnancies and reducing fighting, and spraying by males

3)      it improves community relations and decreases conflicts between managed colony caretakers and homeowners (no more kittens, mating behavior complaints – 2 biggest issues)

4)      public health benefit because cats are vaccinated and disease-free

5)       makes them more likely to avoid straying from the designated area of the colony; (the term “‘fraidy cat” comes from noting the behavior of feral cats)

6)      Fewer calls to animal control after TNR

7)      Reduced euthanasia rates in shelters, leading to better staff morale and more time

to focus on other programs

Mr. Goma said that there are over 350 localities using the Alley Cat Allies program, including 275 non-profits dedicated to TNR.  He noted three in particular:  Jacksonville, FL, San Jose, CA, and Fairfax County, VA.  In Jacksonville, they have reduced owner-surrenders and strays are diverted to TNR colonies, further reducing intake at the shelters and going from a 70% kill rate to 30%.  The city promotes TNR and has a spay/neuter clinic three days a week.  Mr. Goma noted that spay/neuter is often a “bottleneck” issue for TNR and shelters with s/n clinics are needed.  The Fairfax County program is a county-wide TNR program.  If a colony cat does end up at a shelter, there is no fee for colony caretakers to reclaim cats that are ear-tipped.

Mr. Goma noted that statewide legislation can support TNR by providing incentives to caretakers and overcoming legal barriers.  He reiterated what Dr. Smith had said, that a definition of caretaker and feral cat should be included in the law.  Caretakers are not owners, feral cats can’t be controlled the way an “owned” cat might be (keeping it inside the house).  He cited Anna’s Law (2005) in Illinois, which includes incentives to caretakers and veterinarians for TNR.  The law includes an exemption of liability for municipality, vets and caretakers involved in managing feral colonies.  The clear definition of “caretaker” under the law permits them to use the state’s spay/neuter fund monies for the community cats they care for.

Utah passed a similar law in 2011, which reduces barriers to TNR programs, authorizes innovative programs and protects caretakers.  He again noted that the key was defining “caretaker” and “feral.”  The law protects caretakers from harassment.

Mr. Petit de Mange asked about the incentives:  Mr. Goma said there is a spay/neuter fund and exemption of liability.  He said he was not aware of any court cases, but noted that “we are in a litigious society” and that clarifying “caretaker” meant that people would not be cited for abandonment of animals or inhumane care.

Ms. Rollison noted that the programs have been in place for decades, demonstrating success.  Dr. Kate Hurley’s work (UC-Davis) was referenced:  it takes euthanasia OFF the table for healthy cats, removing it as an option to control cat population.  Alley Cat Allies encourages people/municipalities/states to use them as a resource, stating that educated decisions need information.  The approach to feral cats is changing, more of the same (killing) is not working and needs to be rethought.

Mr. Usilton said that there is no open access shelter for cats.  Ms. Rollison asked him what his point was.  Mr. Usilton began complaining about the shelter standards law and saying that there was no place to take stray cats.  There was some discussion concerning injured animals, with DESPCA saying that they will take in injured cats when brought to them. 

(Please note that Dr. Smith did address injured animals in his presentation, asking for a state mandate that animal control respond to injured animals.  The problem in Delaware is that we have state-mandated dog control delegated to the counties, no cat control, 5 private non-profits with varying degrees of authority conferred by state or county, and a huge difference of opinion on how cats should be handled.)

The next presentation was by Lisa Smith of Tri=State Bird Rescue.  Ms. Smith noted that she was not directly involved with free-roaming cats, and is a biologist, not an ecologist.  She told the TF members that Tri-State was formed in 1976 and averages 2500-3000 birds yearly.  Staff includes veterinarians and rehabilitators supplemented by volunteers.  They have a data capture process that allows them to identify trends and causes of injury (whenever possible).  60-70% of the injuries are caused by human activity – such as oil, guns, cars, power lines, pesticides, and cat attacks.  However, cat attacks are by “owned” cats and only account for about 10% of the injured birds brought in to Tri-State.  She reported that these birds are the ones that are brought to cat owners by their pets, or when those owners witness their pet catching the bird.  She didn’t know about feral cats, or see that there was a way to determine how many birds are attacked by feral cats.  She also said that for every study saying “A” there was one that says “B” – it’s hard to get through the literature.  There was further information concerning the types of birds Tri-State sees, and the percentage of adults or nestlings.  She also said that habitat loss and fragmentation, along with collisions with glass, and pesticides were more urgent problems.  She felt that we (collectively) have the responsibility to do something, and her recommendation was to consider the effect of cats on wildlife and make a provision for public education to get people to keep their cats inside. 

Saying owned cats should be kept inside does not provide any helpful information on how feral colonies affect the bird and wildlife population.

Hilary Taylor of the Delaware Wildlife Rehabilitators Association gave the next presentation.  Ms. Taylor also stated that she is not in contact with feral cats, although 50-75% of the squirrels and rabbits seen by DWRA were brought in by pet cats.  She gave the TF members some information concerning the animals they handle (everything from wild animals (native species) to exotics and reptiles).  There was discussion concerning cats and rabies – no one had the figures, but noted that more cats are tested than other animals (which would slant the results).  Ms. Taylor noted that the State used to test for rabies (animal to animal bites) but now only do so for animal to human bites.  She felt it should be reinstated for animal to animal bites, because it could save pet owners the cost of quarantining their animals if bitten. 

She also felt that game wardens are needed, because many “backyard” trappers catch animals but have no idea how to handle them, and leave them in traps to die.  It was noted that this was a “people” issue, and that education is important.  Ms. Taylor also recommended breakaway collars and bells for owned cats that are allowed outside.

Senator Peterson noted that DWRA gets no government money to help with the animals they rescue.  She asked Ms. Taylor to tell the TF a little more about what they do, and what could be done to help.  Ms. Taylor said that no one goes out for (injured) cats.  DESPCA said that they do; Ms. Taylor noted that there is no one to pick up on Saturday or Sunday.  She also said that a list of all the organizations and what they do, and how to reach them, would be helpful.

Ms. Taylor also reported that DWRA is authorized to euthanize when necessary, and that in the past DESPCA and KCSPCA has helped with this task.  Ms. Taylor then looked at Mr. Usilton and said they she has been trying to reach Mr. Usilton, because the last three times she asked for help she was told the KCSPCA would not assist her.  She said that she has always helped out the KCSPCA any way she can (citing supplies when the KCSPCA had the distemper outbreak and equipment for snake calls), so she wasn’t asking to be given something “for nothing.”

Ms. Taylor listed the different animals they have worked with – otters, beavers, exotics – and said that humans are the number one problem, and the more habitat destruction that occurs, the more animals will be displaced and injured.  Education is a priority, and more agencies should work together.

Ms. Brown noted that Delaware has no law against owning exotic animals.  There is a permitting process.  There was some discussion concerning exotic animals in Delaware, noting that other states had “cracked down” on this market, while others, such as Pennsylvania, allowed poisonous snakes to be brought in and sold.

Senator Blevins asked if there were any other cat issues.  There was discussion concerning dogs that kill cats not being considered dangerous; it was not something that the General Assembly would consider in the 1990s, but may be considered now.  It was stated that a dog that kills a cat, or anything else, is showing aggression. Senator Peterson noted that the argument against that is that “it is in their nature” (for dogs to kill rabbits, cats).

There was further discussion concerning owned cats, and what constitutes abandonment as opposed to allowing an owned cat to be out-of-doors.  It was noted that someone who owns a cat is more responsible (for its actions) than a cat colony caretaker.  Mr. Goma noted that the distinction is that an owned cat is “allowed out, but feral cats live outdoors.”  He also noted that ear-tipping a cat is a unique protocol by which colony cats can be identified, since most owners won’t ear-tip their cats.  It was reiterated that the law must differentiate between “owner” and “caretaker.”  There was also a question as to how the rabies issue could be addressed.  There was discussion that education is the missing element.  Ms. Rollison summarized Alley Cat Allies initial program in Washington, DC, which made spay/neuter affordable and accessible.  ACA educated the public without assigning blame.  The program has been monitored for 22 years and started as a “grassroots” movement.

Mr. Petit de Mange said that in rural areas, people catch cats in their area and release them somewhere else.  He said that farmers have complained that people are dumping cats on their property.  It was noted that someone had dumped 12 cats in the middle of the road – and it should be illegal.  Ms. Pierantozzi said that the law is not clear, but it is cruelty.  DESPCA said that the laws tied their hands – trapping a cat on your own property is legal.  The challenge is to promote responsible pet ownership.

Ms. Taylor said there should be billboards “If you can’t afford the vet, don’t buy the pet.”  Ms. Pierantozzi said that all shelters should be involved in TNR – many people need free spay/neuter.  She also felt that more options for adoptable cats were needed – for example, offsite adoption centers.

Ms. Taylor again noted that there was no help for cats hit by cars – Faithful Friends and the DESPCA said that there was no real system.

Ms. Brown noted that colony caretakers often have trouble paying for food for the cats – she said that Austin, TX has a contract to help with TNR expenses.  Connecticut administers a TNR grant program.  Mr. Carroll  reported that DHA received a grant from PetSmart Charities, and will be providing a free spay/neuter clinic for residents in the Wilmington zipcode area 19801 (downtown, port, east side).  Ms. Rollison noted that the PetSmart model was based on the ACA program in Washington, DC.

Senator Blevins announced that the next AWTF meeting would be February 21, and the subject would be animal control, where it should go, what system it should be.  The last meeting, in March, would pull from the minutes to determine the recommendations that should be made.

Public comments were then allowed:

Carol Austen Stiles spoke concerning her experience with TNR, how Faithful Friends helped her with a cat colony behind her office building.  The cats were spay/neutered and shelters were put up for the animals.  Although she no longer works there, she still checks on the colony, and there have been no more litters of kittens.  She thanked everyone for their efforts.

Donna Miller spoke, suggesting TNR programs be listed to the lost and found pet registry she has asked for.  She also said that licensing cats may be a partial solution to the problem.  She said that Rudy was still alive and out there, and that another dog lost for a year and a half was recently returned home, so she still has hope that Rudi would be found.

Peter Siracuse spoke, recounting his experience with the City of Dover animal control officer and the Kent County SPCA.  His story can be found at http://psiracusecomplaint.blogspot.com/2013/01/complaint-of-peter-siracuse.html

(Although Senator Blevins’ office had previously told him they would not deal with complaints, after the meeting broke up, Mr. Siracuse was told that Senator Blevins’ office would look into this; as of 2/7/2013 he has not heard from her.)

Anita Wolliston spoke, telling her experience in her neighborhood.  One of her neighbors, Chuck Harris, has been luring owned and community cats into traps onto his property.  Eight cats in a two-block radius have disappeared.  He is then removing the cats and no one knows where he is taking them or what is happening to them.  She feels the law should be changed, this is cruelty.  She also feels that there is a “gray area” and that community cats with a caretaker are semi-owned.  It was noted that Mr. Harris is not the only person doing this, and lawmakers should consider it theft and animal cruelty.  The SPCA talked to him, and he believes he has the right to do this.  Ms. Wolliston said that the gap (in the law) should be closed.

Mark Martell of the Audubon Society spoke.  He disagreed vehemently with TNR, and read a detailed statement for the record.  He said he was a statistician, and he felt that any study was biased by who was asking the questions.  He said that he believes the studies prove that TNR does not work, killing cats does.  He said the question should be, “do you want to kill cats or birds.”  He said that the Cape May, NJ cats that the community is so proud of endangers the piping plovers nesting on the beach.  He listed a number of organizations that he said agreed with him/the Audubon Society, including the DE Ornithological Society, but that none of them had been able to attend the meeting.  He further stated that they would lobby against any bill allowing public monies for TNR.

I was the last person to speak: 

Statement of Catherine Samardza for AWTF January 2013

My name is Catherine Samardza and I live in Kent County.   As this TF nears the end of its work, I would like to make note of some things.

A number of people, including myself, have been asking for oversight and monitoring of shelters and animal control officers since January 2012.  We sent letters out to all elected officials in Delaware and were disappointed in the lack of response.  But we have continued to make that request, and at the AWTF public hearing, others made similar requests for shelter oversight.  We hope you are listening.

It was suggested at one of the TF meetings that requiring certification of the shelters could lead to creation of a professional regulation board to handle complaints.  We would like to point out that many of those boards only convene a few times a year, and complaints regarding animal welfare  and control are often more urgent than that – particularly if imminent euthanasia is involved.

And regarding euthanasia - we feel that a definition of “unadoptable” should be developed, and included in the euthanasia portion of the animal control laws.  We also feel that temperament tests should be defined according to best practices across the country, and training required to apply them. 

Whatever name an animal control officer is referred to throughout State and county codes, we believe there must be some mechanism for complaints against them.  We do not agree with one of the TF members that animal control officers should only be accountable to their non-profit board of directors.  We have helped those with complaints report them – and have only managed to prove that the current system does NOT work.  Whether animal control officers are removed from the non-profit agencies and become part of the state enforcement system or not, animal control officers should have rigorous training and oversight.  And that oversight should include a process for complaints against the officers.

Only one shelter out of 5 has said that the CAPA requirements of vaccination and hold times are onerous and cost them money.  That same shelter has said that when they respond to cruelty, livestock and wildlife calls, they are not paid for it.  On that, they have a point.  Removing animal control operations from the shelters would solve that problem.  Otherwise, contracts with the appropriate state agencies, including training and oversight, should be considered. 

We understand that this Task Force will not hear or investigate complaints.  We haven’t asked you to do that.  Only to be aware of them, because we do not believe you can make informed recommendations concerning animal welfare and control in Delaware without considering what is working and what is not.  Complaints are an indication that something is NOT working.  The same shelter that has complained about the shelter standards requirements has complaints against it concerning conditions of the facility and of the animals, improper euthanization, complaints against their animal control officers, accusations of harrassment against the director, and challenges to the truthfulness of statements they have made to the media and at this table.  So we ask that you put that shelter’s comments into perspective when you consider your recommendations.

And last, on the matter of feral cats:  The US Dept. of the Interior published a 48 page report in 2011 on the state of birds in the US.  In 48 pages, cats are only mentioned 4 times, always in conjunction with other factors and never as primary.  In fact, habitat destruction is believed to be the #1 cause of bird decline worldwide (US Fish & Wildlife report of 2002).