1. Revise the proposed definition for 40-13-13-.01 (9) “Domestic cat…”

   • ​Rationale: In zoological nomenclature, the domestic cat is the common taxonomic name for the species, Felis catus. Regardless of ownership or temperament status, all cats (i.e., feral, stray, and owned) are classified as a domestic cat.

   • Recommended substitute: “Domestic cat” means a member of the species, Felis cactus. (Another option is to delete the definition altogether.)

2. Adopt new definitions in 40-13-13-.01 for feral cat, community cat, community cat caregiver, Trap-Neuter-
   Return (TNR) program participant, and Trap-Neuter-Return TNR) program.

   • ​Rationale: The proposed rule amendments omit any reference to community cats and their population
     management through Trap-Neuter-Return (TNR) programs.

     • ​The American Association of Feline Practitioners, the American Animal Hospital Association, and the National Feline Research Council strongly support Trap-Neuter-Return as a best evidence-based approach for the nonlethal management of community cat populations.

     • The omission of these definitions creates legal uncertainty for shelters, veterinarians, rescue
       organizations, property owners, and volunteers who work with these animals throughout Georgia.
       Adding these definitions is the first critical step needed to secure support for one of Georgia’s most overlooked animal populations. Until specific definitions are incorporated into the Animal Protection Act, TNR programs will remain in legal limbo.

     • Precedent: By distinguishing TNR activities from sheltering or rescue operations, Texas passed
       House Bill 3660 (2023) which acknowledged that volunteers who trap, transport, sterilize, vaccinate,
       and return community cats are not operating animal shelters and should not be subject to shelter
       licensure requirements solely because they participate in a TNR program.

   • Recommended new definitions:

     • ​“Feral cat” means a free-roaming cat that is not socialized to humans and is generally not suitable
       for placement as a companion animal.

     • “Community cat” means an unowned and free-roaming cat, whether or not feral, that has been,
       or is targeted or scheduled to be, sexually sterilized, vaccinated for rabies, and ear-tipped in
       accordance with a trap-neuter-vaccinate-return (TNR) program. Community cats may be cared for
       by one or more residents of the immediate area who is/are known or unknown. (Comment: The
       phrase, “or is targeted or scheduled to be,” is meant to cover caregivers who are in the process of
       obtaining TNR services for unowned cats and are experiencing delays in scheduling appointments
       for various reasons (e.g., financial, transportation, wait list for appointments, and/or weather
       delays).

     • “Community cat caregiver” means a person who, in accordance with a policy of Trap-Neuter-Return (TNR), provides regular care to a community cat, including food, shelter or medical care, without being deemed the owner, harborer, controller, or keeper of a community cat.

     • “Trap-Neuter-Return (TNR) program participant” means any person who performs one or more
       activities associated with a TNR program, including, but not limited to, trapping, temporary holding, transportation, coordination of veterinary services, sterilization, vaccination, or return of a
       community cat. A TNR Program Participant need not be the community cat caretaker and shall not
       be deemed to be operating an animal shelter or rescue organization, nor be subject to shelter or
       rescue licensure requirements, solely by reason of participation in a TNR program.

     • “Trap-Neuter-Return (TNR) program” means a nonlethal approach to community cat population
       control in which unowned, free-roaming cats are humanely trapped; transported to a licensed
       veterinarian for evaluation, sexually sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they were originally trapped.

3. Amend Rules 40-13-13.01 (5) and (31) to exempt TNR holding from shelter licensing

   • ​Rationale: The proposed amendments for intake rules could be interpreted to require any participant in the TNR process—including trappers, transporters, or caregivers—to obtain a shelter or rescue license. A volunteer who traps a community cat, transports it to a veterinary clinic or shelter, and returns it to its outdoor home within a day is not operating as a shelter or rescue organization. Imposing licensure requirements on any individual involved in this process would create barriers to participation and undermine the coordinated volunteer networks that make TNR programs effective and sustainable.

   • Recommended amendment to 40-13-13-.04:

     • ​Trap-Neuter-Return activities - including the temporary trapping, transport, holding, or return of a
       community cat for sterilization and vaccination pursuant to a TNR Program as defined in this
       chapter - do not constitute impoundment and do not require any TNR program participant to be
       licensed as an animal shelter or rescue organization, provided the cat is returned to a community cat caregiver at its original location within a reasonable period following veterinary care.

4. Revise proposed amendment to Rule 40-13-13-.04 (h) by substituting “owned” for “domestic” (see
   Rationale under #1 for “domestic cat”).

   • ​(h) Record keeping: Complete and accurate records must be maintained reflecting all acquisitions,
     purchases, sales, releases, natural additions, exchanges, adoptions, custodial care, and health records of all animals. Retail sale records for fish, rodents, and invertebrates are exempt from record keeping
     requirement. These records must be maintained for a period of twelve months and must be made
     available to the Commissioner or his authorized representative upon request. Updated records must be kept on the premises. In addition, records for dogs, [domestic - remove] owned and stray cats,

5. Provide clarification in either Rule 40-13-13.01 or Rule 40-13-13.04 that a community cat returned to its
   original location through a managed Trap-Neuter-Return (TNR) program, with property owner consent
   and ongoing caretaker oversight, is not considered abandoned.

   • ​Precedent: Texas addressed similar concerns through House Bill 3660 (2023), which formally recognized Trap-Neuter-Return (TNR) as a legitimate population-management practice and protected individuals participating in TNR programs from criminal liability associated with abandonment.

   • Sample language: “A person acting in accordance with a recognized TNR program shall not be subject to civil or criminal liability for abandonment solely as a result of returning a community cat to its original location following completion of the TNR process.”

​

Thank you for your consideration of these recommendations and your continued commitment to animal welfare in Georgia.

Peggy McCarthey, Ph.D.
Volunteer, Board Director
GA Pet Coalition
gapetcoalition.org