---
kind: "section"
citation: "43 C.F.R. § 4750.3-2"
title: "43"
number: "4750.3-2"
heading: "Qualification standards for private maintenance."
url: "https://uscodex.org/cfr/43/4750.3-2"
---

# §4750.3-2. Qualification standards for private maintenance.

- (a) **To qualify to receive a wild horse or burro for private maintenance, an individual shall—**
  - (1) Be 18 years of age or older;
  - (2) Have no prior conviction for inhumane treatment of animals or for violation of the Act or these regulations;
  - (3) **Have adequate feed, water, and facilities to provide humane care to the number of animals requested.** Facilities shall be in safe condition and of sufficient strength and design to contain the animals. The following standards apply:
    - (i) A minimum space of 144 square feet shall be provided for each animal maintained, if exercised daily; otherwise, a minimum of 400 square feet shall be provided for each animal;
    - (ii) Until fence broken, adult horses shall be maintained in an enclosure at least 6 feet high; burros in an enclosure at least 4 1/2 feet high; and horses less than 18 months old in an enclosure at least 5 feet high. Materials shall be protrusion-free and shall not include large-mesh woven or barbed wire;
    - (iii) Shelter shall be available to mitigate the effects of inclement weather and temperature extremes. The authorized officer may require that the shelter be a structure, which shall be well-drained and adequately ventilated;
    - (iv) Feed and water shall be adequate to meet the nutritional requirements of the animals, based on their age, physiological condition and level of activity; and
  - (4) Have obtained no more than 4 wild horses and burros within the preceding 12-month period, unless specifically authorized in writing by the authorized officer.
- (b) The authorized officer shall determine an individual's qualifications based upon information provided in the application form required by [§ 4750.3-1](/cfr/43/4750.3-1.md) of this subpart and Bureau of Land Management records of any previous private maintenance by the individual under the Act.

## Notes

### Authority

Authority: 16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315 and 1740.

### Source

Source: 51 FR 7414, Mar. 3, 1986, unless otherwise noted.

### Amendments

[48 FR 40890, Sept. 12, 1983]