Cat Lovers On The Other Side Of the Law

by Maria A. Schulz

Proponents of the TNR (Trap, Neuter, Release) Program in the state of Pennsylvania are breaking the law, according to the Pennsylvania Game Commission.

On October 7, 2003, the Pennsylvania Game Commission decided not to amend Title 58 PA Code Part III Chapter 137.2 to prohibit the release of cats.

Some reports indicated that this is a victory for advocates of trap-neuter-return (TNR) programs, but the commission reminded them that TNR programs have been and remain illegal under Chapter 137.1(A)1.

Skip Littwin of the Law Enforcement Department of PA Game Commission reiterated that TNR programs are illegal, and that "animal control can trap and kill if cats pose a threat to wildlife."

The Game Commission does not plan to fine those who practice TNR. The commission prefers to warn people that it is illegal.

Linda Winter, director of the Cats Indoors! Campaign of the American Bird Conservancy, said that the commission had achieved its goal by getting the word out that those who actively participate in TNR programs were breaking the law.

"These people who promote trap, neuter and release were doing it without the knowledge of the existing law," Winter said. "Now they know it is illegal, and they could be fined."

Game commission spokesman Jerry Feaser stated that "releasing cats as part of a trap, neuter and return program is illegal," and an act of animal cruelty.

There is a $100 fine per incident, according to Feaser. It would be up to local police and local government to enforce existing laws, he said.

The game commission got involved after several communities expressed interest in starting municipal trap, neuter and release programs, Feaser said.

Laurie Ulrich of the Delaware Valley Feral Cat Coalition said abandoning the trap and neuter program would create an explosion of hundreds of thousands of strays.

According to Ulrich, a crackdown would also discourage veterinarians, afraid of breaking the law, from sterilizing the animals.

States across the nation are adopting similar laws against allowing cats to roam freely.

From Akron, Ohio to St. Petersburg, Florida, wildlife officials say that feral cats are endangering birds and other wildlife, while being forced to endure short, brutal lives outdoors.

But cat lovers across the nation point to successful TNR programs like the one adopted in Cape May, New Jersey, where complaints about feral cats dropped 80 percent after it adopted a TNR program.

Opposing views on TNR programs seem to co-exist within the state of Pennsylvania. Although the Game Commission treats TNR programs as illegal, Pennsylvania’s state house designated October 16 as National Feral Cat Day in Pennsylvania.

The bill, among other things, acknowledges that TNR "has been proven to help control cat populations and stop nuisance behaviors, and the cats can live healthy, safe and peaceful lives in their territories."

It calls on everyone to dedicate themselves to sterilizing stray cats.

© 2003 Animal News Center, Inc.