§9264.7. Wild free-roaming horse and burro protection, management, and control.
43 C.F.R. § 9264.7
Prohibited acts. In accordance with section 8 of the Wild Free-Roaming Horse and Burro Act (16 U.S.C. 1338), any person who:
Willfully removes or attempts to remove a wild free-roaming horse or burro from the public lands, without authority from the authorized officer, or
Converts a wild free-roaming horse or burro to private use, without authority from the authorized officer, or
Maliciously causes the death or harassment of any wild free-roaming horse or burro, or
Processes, or permits to be processed, into commercial products the remains of a wild free-roaming horse or burro, or
Sells, directly or indirectly, a wild free-roaming horse or burro, or the remains thereof, which have not lost their status as a wild free-roaming horse of burro, or
Uses a wild free-roaming horse or burro for commercial exploitation, or
Causes or is responsible for the inhumane treatment of a wild free-roaming horse or burro, or
Uses a wild free-roaming horse or burro for bucking stock, or
Fails, upon written notice, to produce for inspection by an authorized officer those animals assigned to him for private maintenance under a cooperative agreement, or
Fails to notify the authorized officer of the death of a wild free-roaming horse or burro within 7 days of death pursuant to § 4740.4-2(f) of this title, or
Removes or attempts to remove, alters or destroys any official mark identifying a wild horse or burro, or its remains, or
Being the assignee of a wild free-roaming horse or burro, or having charge or custody of the animal, abandons the animal without making arrangements for necessary food, water and shelter, or
Being the assignee of a wild free-roaming horse or burro, or having charge or custody of the animal, fails to diligently pursue in an attempt to capture the escaped animal, or
Accepts for slaughter or destruction a horse or burro bearing an official Bureau of Land Management identification mark, and which is not accompanied by a certificate that title to the animal has been transferred, or
After acceptance of an animal for slaughter or destruction, fails to retain for one year the certificate of title to a horse or burro bearing an official Bureau of Land Management identification mark, or
Willfully violates any provisions of the regulations under § 9264.7 of this title shall be subject to a fine of not more than $2,000 or imprisonment for not more than 1 year, or both. Any person so charged with such violation by the authorized officer may be tried and sentenced by a U.S. Commissioner or magistrate, designated for that purpose by the court by which he/she was appointed, in the same manner and subject to the same conditions as provided in section 3401, title 18, U.S.C.
Notes, amendments, and revision history
Authority
Authority: 16 U.S.C. 4601-6a, 16 U.S.C. 670h, 16 U.S.C. 1246(i), 16 U.S.C. 1336, 43 U.S.C. 315a, 43 U.S.C. 1733(a), 43 U.S.C. 1740, and Executive Order 11644, 37 FR 2877, 3 CFR, 1971-1975 Comp., p. 666.
Source
Source: 45 FR 31276, May 12, 1980, unless otherwise noted.