The New York State Humane Association (NYSHA) strongly opposes proposed legislation that would support trap-neuter-vaccinate-and-return (TNR) programs for feral cats. NYSHA argues that TNR is not currently legal under New York state law, poses significant public health risks by spreading diseases from cats to other animals and humans, threatens native wildlife populations that cats prey on, and is inhumane by leaving domesticated cats to live outdoors with reduced lifespans and risks of death or injury. NYSHA requests that the proposed legislation not be supported due to these legal, health, environmental, and humane concerns with TNR programs.

1. MEMO IN OPPOSITION: A9487/S7290
Relates to community based initiatives for the purpose of trapping, neutering,
vaccinating, and returning feral cats to the area from which they were trapped.
The New York State Humane Association (NYSHA), an umbrella organization that represents
animal advocacy groups and individuals statewide, strongly opposes A9487 (McDonald)/S7290
(MARCHIONE). Due to numerous concerns related to legal viability, public health, the
environmental impact, and the welfare of cats; NYSHA does not support efforts to Trap, Neuter
and Return (TNR) cats and is opposed to initiatives that would help to promote these activities.
This legislation would re-allocate funds that have been specifically designated for the spaying
and neutering of dogs and cats being adopted from shelters, to be used for the spaying/ neutering
and release of domesticated cats into the wild.
First and foremost, currently TNR activities cannot be deemed legal under New York State Law.
Under Agriculture and Markets Law § 355:
A person being the owner or possessor, or having charge or custody of an animal, who abandons
such animal, or leaves it to die in a street, road or public place, or who allows such animal, if it
becomes disabled, to lie in a public street, road or public place more than three hours after he
receives notice that it is left disabled, is guilty of a misdemeanor…
NYS Agriculture and Markets Law §374.5 reads:
No person shall release any dog or cat from the custody or control of any pound, shelter, society
for the prevention of cruelty to animals, humane society, dog protective association, dog control
officer, peace officer or any agent thereof, for any purpose except adoption or redemption
by its owner, provided, however, that after the time for redemption has expired, release may be
made to another such pound, duly incorporated society for the prevention of cruelty to
animals, duly incorporated humane society or duly incorporated animal protective
association for the sole purpose of placing such animal in an adoptive home when such action
is reasonably believed to improve the opportunity for adoption…
There are significant public health concerns associated with homeless cats. They are carriers of
many infectious diseases that can be transmitted to other animals and humans. Those diseases
that can infect other animals include: *Rabies, *Salmonella, Feline Leukemia Virus, Feline
Distemper Virus, Feline Infectious Peritonitis, Feline Immunodeficiency Virus, Feline Viral
Upper Respiratory Disease, *Bartonellosis (Cat scratch Disease,) *Toxoplasmosis, *Giardiasis,
*Roundworms, *Hookworms, and *fungal infections (Ringworm). Those diseases that are
zoonotic to humans are starred. Creating feeding stations for cats attracts wildlife and promotes
the cross species transmission of disease, particularly Rabies.
Fostering a Humane Ethic and a Compassionate Attitude Toward Animals Since 1900
~ Incorporated 1925 ~

2. Cats also present a serious threat to the integrity of native wildlife and natural ecosystems. It is
estimated that every year in the United States free-roaming cats kill billions of native birds, small
mammals, amphibians, and reptiles. Feeding cats left outside does NOT stop this wildlife
predation; cats will hunt and kill even if well-fed. Therefore, TNR, even with ongoing
maintenance and feeding of these cats, will not prevent them from being an environmental threat
skewing natural population balances. NYSHA refers you to the website of the American Bird
Conservancy (www.abcbirds.org) for references on this topic.
In addition, the justification section for this proposed legislation references a phenomenon
known as the "vacuum effect." This refers to a population that is at carrying capacity or the
maximum number of animals that the local ecosystem can support. When an individual animal
dies or is removed, the population has an opening to add another individual. TNR activities
including continually feeding homeless cats actually increases the carrying capacity of a
particular location. This encourages additional abandonment and is one of the reasons that these
cats are observed at densities of 10-100 times that of similarly sized native predators. Therefore,
to suggest that the vacuum effect would apply to TNR managed colonies is misleading.
Furthermore, this practice encourages animals such as raccoons, fox, fishers and skunks to move
into the area and then they become a nuisance.
Lastly, but most importantly, animal welfare organizations should be most concerned about
preventing cruelty and promoting humane treatment of animals. TNR cannot be deemed a
humane method of addressing the problem of homeless cat populations. It is inhumane to leave
cats who are designed as domesticated human companions outdoors. Referring to them as ‘feral’
only underscores this dilemma: a feral animal is one who is of a domesticated species, but has
reverted to the wild for a variety of exigent circumstances. The average lifespan of an owned,
indoor cat exceeds 12 years, however, the average lifespan of a homeless outdoor cat is a mere 2-
3 years. Cats left outdoors often meet horrifying ends including being hit by cars, poisoned,
mauled by dogs or wild animals, tortured by humans, or suffering from untreated illness, disease,
or injury. Studies that point to the good “body condition” of these cats, fail to recognize that the
natural animal instinct is to hide when hurt. Therefore sick and injured animals are often not
counted. Studies of managed colonies show frequent turn-over of cats, as injured and diseased
cats hide until death.
For all of the legal, health, environmental and humane reasons outlined above, NYSHA strongly
opposes this proposed legislation and respectfully requests that that you do not support passage
of this measure.
May 2014
Fostering a Humane Ethic and a Compassionate Attitude Toward Animals Since 1900
~ Incorporated 1925 ~