December 18, 2015

Department of Agriculture and Consumer Services:

My name is Rebekah DeHaven and I am a staff attorney at Alley Cat Allies, the only national advocacy organization dedicated to the spaying, neutering, vaccinating, and general welfare of cats. I am writing to comment on the proposal to repeal 2 VAC 5-110 and replace it with [2 VAC 5-111], a new regulation pertaining to public and private shelters.

A major component of this proposal is the heightened standards that 2 VAC 5-111 will require for private shelters’ housing of stray animals. As an organization with animal welfare and wellbeing at our core, we applaud efforts to enhance oversight and regulations of shelters, and to mandate high standards of care for all animals, be they surrendered or stray. Simultaneously, we recognize that resources are limited, and we urge careful contemplation of any proposed changes that could hinder private shelters who want to care for stray animals and maximize their opportunities for positive dispositions.

The Economic Impact Analysis provided by the Department of Planning and Budget determined that “[p]rivate animal shelters that currently take in stray animals will either have to incur costs for purchasing holding period compliant housing or they will have to stop taking in strays.  Board staff estimate that such housing will cost between $250 and $1000 per cage but also reports that shelters may choose to buy a block of six regulation complaint cages of various sizes for approximately $2500.  The costs added for complying with new requirements may also cause shelters to be able to take in fewer animals.  All costs associated with this proposed regulation must be weighed against any improvements that may accrue on account of these new regulations.  There is insufficient information to ascertain whether benefits will outweigh costs.”

Optimal care for shelter animals is based on a multi-faceted equation, and all factors must be considered holistically in evaluating what will improve animals’ time in a shelter. It is difficult to view one element of care in isolation. Because all factors are interconnected, there is credible concern that this proposal’s attempt to improve housing for strays could in fact contravene that goal by limiting the number of shelters who are willing and equipped to serve this population of animals, or by limiting the number of stray animals they are able to accept due to the cost of complying with the new regulation.

We urge the Department’s implementation of standards, but also ask that the Department carefully consider unintended consequences of such actions, such as the possible curtailment of private shelters’ intake of stray animals and the void in services that would follow.

Thank you.

Sincerely,

Rebekah DeHaven

rdehaven@alleycat.org

240-482-3888