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Transcript of Feral Cat Colonies in Florida: Legal and Policy Considerations · PDF fileFeral Cat Colonies...
Feral Cat Colonies in Florida: Legal and Policy Considerations
A Report to U.S. Fish & Wildlife ServiceDecember 2002
University of Florida Conservation ClinicPamela Jo Hatley, J.D. Candidate, 2003
Thomas Ankersen, Director
P 73 million owned cats in the U.S.
P 40 - 60 million un-owned cats in the U.S.
P 100+ million cats spend all or some of theirtime outdoors
(HSUS, ABC)
(Cover photo by Daniel Castillo)
Magnitude of cat populations
P9.6 million owned cats
P6.3 to 9.6 million feral cats
P12.1 to 15.4 million cats, owned and feralcombined, that spend some or all their timeoutdoors potentially preying on wildlife
Cat populations in Florida
PHunger
P Injury
PDisease
PCats are America's most popular pets, butthey are also the pets most likely to dieprematurely from diseases, poisons, attacksby other animals, abuse by humans, orspeeding vehicles. (HSUS)
Impact on cats
PPredation
PCompetition
PDisease
Impact on wildlife
PFlorida has cat colonies in at least 17counties.
PThe largest, in Monroe County at OceanReef Club, Key Largo, has a colony of anestimated 500 to1,000 cats.
Cat colonies in Florida
PSix subspecies of beach mice
PKey Largo woodrat
PKey Largo cotton mouse
PLower Keys marsh rabbit
PFlorida scrub-jay
Impact on wildlife in Florida
Threatened or endangered species known or suspected tosuffer losses as a result of predation by owned and feral cats:
PRabies*
PFeline Leukemia Virus
PFeline Panleukopenia (feline distemper)
PFeline Infectious Peritonitis
PFeline Immunodeficiency Virus
PFeline Viral Upper Respiratory Disease
PCat-scratch Disease*
PToxoplasmosis*
Impact on wildlife in Florida
Disease
PLyme Disease*
PRoundworms*
PHookworms*
PPlague*
*Transmissible to humans
Impact on wildlife in Florida
Parasites
Strategies for dealing with feraland free-roaming cats
PEuthanasia
PResource intensive
PNegative publicity
Eradication
PVolunteers< Live trap the cats< Take them to veterinarian for spay/neuter, rabies
vaccination, and ear-clipping< Release them to same place where trapped
Cat colonies and TNR
PRequires perpetual maintenance
PNew cats enter colony
PNearly impossible to trap all of the cats
PWildlife attracted to feeding stations
PVolunteers often bear the cost
Problems with TNR and managing catcolonies
PPet adoption programs that require newowners to spay/neuter their pet and provideincentives such as lower licensing fees
PEnactment and enforcement of leash lawsthat require owners to restrict their pets to theowner’s property and control
PLocal ordinances that prohibit abandonmentand feeding of stray cats
Reducing the flow of new cats into the wild
PFederal Endangered Species Act
PMigratory Bird Treaty Act
PState Statutes
PLocal ordinances
Legal considerations
(a)(1) ...with respect to any endangeredspecies of fish or wildlife listed pursuant tosection 4 of this Act, it is unlawful for anyperson...to****
(B) take any such species...
****
(G) violate any regulation pertaining to suchspecies or to any threatened species...promulgated by the Secretary pursuant toauthority provided by this Act.
Endangered Species Act
16 USC §1538, Prohibited Acts
It is unlawful for any person subject to thejurisdiction of the United States to attempt tocommit, solicit another to commit, or cause tobe committed, any offense defined in thissection.
Endangered Species Act
16 USC §1538(g)
For the purposes of this Act--
****
(19) The term “take” means to harass, harm,pursue, hunt, shoot, wound, kill, trap, capture,or collect, or to attempt to engage in any suchconduct.
Endangered Species Act
16 USC §1532,Definitions
Harass in the definition of “take” in the Actmeans an intentional or negligent act oromission which creates the likelihood of injuryto wildlife by annoying it to such an extent asto significantly disrupt normal behavioralpatterns which include, but are not limited to,breeding, feeding, or sheltering...
Endangered Species Act
50 C.F.R. §17.3 Definitions
Harm in the definition of “take” in the Actmeans an act which actually kills or injureswildlife. Such act may include significanthabitat modification or degredation where itactually kills or injures wildlife by significantlyimpairing essential behavioral patterns,including breeding, feeding or sheltering.
Endangered Species Act
50 CFR §17.3 Definitions
(1)...any person may commence a civil suit on hisown behalf---
(A) to enjoin any person, including the United Statesand any other governmental instrumentality oragency...who is alleged to be in violation of anyprovision of this Act or regulation issued under theauthority thereof.
Endangered Species Act
16 USCS §1540(g) Citizen suit
Loggerhead Turtle v. Volusia County, 896 F.Supp. 1170 (M.D. Fla. 1995)
Loggerhead Turtle v. Volusia County, 148 F.3d1231 (11th Cir. 1998)
Loggerhead Turtle v. Volusia County, 92 F.Supp. 2d 1296 (M.D. Fla. 2000)
Injunctions, citizen suits
P Palila v. Hawaii Dep’t of Land & NaturalResources, 639 F 2d 495 (9th Cir. 1981)
P Palila v. Hawaii Dep’t of Land & NaturalResources, 852 F.2d 1106 (9th Cir. 1988)
Habitat degredation, meaning of “harm”
PBabbitt v. Sweet Home Chapter ofCommunities for a Great Oregon, 515 U.S.687 (1995)
Meaning of “harm”
...it shall be unlawful at any time, by anymeans or in any manner, to ... take ... kill...attempt to ... take ... kill any migratory bird,any part, nest, or egg of any such bird, ... .
Migratory Bird Treaty Act
16 USCA §703 Taking, killing or possessing migratory birds
(a) any person, association, partnership, orcorporation who shall violate any provisions ofsaid conventions or of this subchapter, or whoshall violate or fail to comply with anyregulation made pursuant to this subchaptershall be deemed guilty of a misdemeanor andupon conviction thereof shall be fined not morethan $15,000 or be imprisoned not more thansix months, or both.
Migratory Bird Treaty Act
16 USCA §707 Violations and penalties; forfeitures
PU.S. v. Corbin Farm Service, 444 F.Supp.510 (E.D. Cal. 1978)
Not limited to hunting orintentional acts
PU.S. v. FMC Corporation, 572 F.2d 902 (2dCir. 1978)
Intent
PU.S. v. Moon Lake Electric, 45 F. Supp. 2d1070 (Co. 1999)
Strict Liability Crime
PArticle IV, §9< Florida Fish and Wildlife Conservation
Commission– Management, protection, and conservation of wild
animal life...
Florida Statutes
Constitution
(3)(b) “Endangered species” means any species offish and wildlife, naturally occurring in Florida, whoseprospects of survival are in jeopardy due tomodification or loss of habitat; ...disease; predation...or other natural or manmade factors affecting itscontinued existence.
(c) “Threatened species” means any species ... whichmay not be in immediate danger of extinction, butwhich exists in such small populations as to becomeendangered if it is subjected to increased stress as aresult of further modification of its environment.
§372.072, F.S.
Endangered and Threatened Species Act
It is unlawful for a person to intentionally kill orwound any fish or wildlife of a speciesdesignated by the Fish and WildlifeConservation Commission as endangered,threatened, or of special concern... Anyperson who violates this provision with regardto an endangered or threatened species isguilty of a felony of the third degree...
§372.0725, F.S.
Killing or wounding of any species designated asendangered, threatened, or of special concern; criminalpenalties
No person shall kill, attempt to kill or woundany endangered species as designated in Rule68A-27.003.
Rule 68A-27.0011, F.A.C.
Killing Endangered Species
(1) It is unlawful to...release within this stateany species of the animal kingdom notindigenous to Florida without having obtaineda permit to do so from the Fish and WildlifeConservation Commission.
§372.265, F.S.
Regulation of foreign animals
(1) It shall be unlawful for any person to ...release or introduce in the state any wildlife ...that is not native to the state unless suchperson shall first secure a permit from theCommission.
***
(3) No person shall release or introduce in thestate any wildlife, ... or any other organism thatmight reasonably be expected to transmit anydisease to wildlife ... .
Rule 68A-4.005, F.A.C.
Introduction of Foreign Wildlife or Freshwater Fish orCarriers of Disease
(1) A person who ... deprives of necessarysustenance or shelter, ... any animal, orcauses the same to be done ... is guilty of amisdemeanor of the first degree...
(2) A person who intentionally commits an actto any animal which results in the cruel death,or excessive or repeated infliction ofunnecessary pain or suffering or causes thesame to be done, is guilty of a felony of thethird degree...
§828.12, F.S.
Cruelty to animals
(1) "As used in this section: "Abandon" meansto forsake an animal entirely or to neglect orrefuse to provide or perform the legalobligations for care and support of an animalby its owner."
(2) "Owner" includes any owner, custodian, orother person in charge of an animal.
§828.13, F.S.
Confinement of animals without sufficient food, water, orexercise; abandonment of animals
(3) "Any person who is the owner orpossessor, or has charge or custody, of anyanimal who abandons such animal to sufferinjury or malnutrition or abandons any animalin a street, road, or public place withoutproviding for the care, sustenance, protection,and shelter of such animal is guilty of amisdemeanor of the first degree, punishableas provided..."
§828.13, F. S.
(2)(a) The Department of Legal Affairs, any politicalsubdivision or municipality of the state, or a citizen ofthe state may maintain an action for injunctive reliefagainst:
1. Any governmental agency or authority charged bylaw with the duty of enforcing laws, rules, andregulations for the protection of the air, water, andother natural resources of the state to compel suchgovernmental authority to enforce such laws, rules,and regulations;
§403.412, F.S.
Environmental Protection Act
§403.412, F.S.
2. Any person, natural or corporate, or governmentalagency or authority to enjoin such persons, agencies, orauthorities from violating any laws, rules, or regulations forthe protection of the air, water, and other natural resourcesof the state.
Local Ordinances
Local ordinances in Florida are a mixed bag, for themost part ineffective to deal with cat overpopulation,
and in some cases an aggravating factor.
PFree-roaming cats adversely impact Floridawildlife and are a health hazard.
PAllowing cats to roam free places the cats indanger of injury and disease.
POrdinances that enable cat colonies to beestablished and maintained are in violation offederal and state wildlife laws.
PPersons who release cats into the wild areviolating federal and state wildlife laws.
Conclusions
PBroad education campaign
PEnact leash laws for cats
PRequire cats to be vaccinated, licensed, andtagged.
PAbolish local ordinances enabling catcolonies to be established and maintained.
PEnact ordinances making feeding stray catsor dogs illegal.
PEnact ordinances requiring mandatoryspay/neuter of all animals adopted fromshelters
Recommendations
Local level
P Public policy against feral cat colonies
P Issue warning to county governments
P Enforce existing statutes against release ofnon-indigenous species
Recommendations
State level