---
kind: "section"
citation: "43 C.F.R. § 9264.7"
title: "43"
number: "9264.7"
heading: "Wild free-roaming horse and burro protection, management, and control."
url: "https://uscodex.org/cfr/43/9264.7"
---

# §9264.7. Wild free-roaming horse and burro protection, management, and control.

- (a) **Prohibited acts.** In accordance with [section 8](/cfr/43/8.md) of the Wild Free-Roaming Horse and Burro Act ([16 U.S.C. 1338](/usc/16/1338.md)), any person who:
  - (1) Willfully removes or attempts to remove a wild free-roaming horse or burro from the public lands, without authority from the authorized officer, or
  - (2) Converts a wild free-roaming horse or burro to private use, without authority from the authorized officer, or
  - (3) Maliciously causes the death or harassment of any wild free-roaming horse or burro, or
  - (4) Processes, or permits to be processed, into commercial products the remains of a wild free-roaming horse or burro, or
  - (5) 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
  - (6) Uses a wild free-roaming horse or burro for commercial exploitation, or
  - (7) Causes or is responsible for the inhumane treatment of a wild free-roaming horse or burro, or
  - (8) Uses a wild free-roaming horse or burro for bucking stock, or
  - (9) 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
  - (10) 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)](/cfr/43/4740.4-2.md?p=f) of this title, or
  - (11) Removes or attempts to remove, alters or destroys any official mark identifying a wild horse or burro, or its remains, or
  - (12) 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
  - (13) 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
  - (14) 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
  - (15) 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
  - (16) 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](/cfr/43/3401.md), [title 18](/cfr/18.md), U.S.C.

## Notes

### 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.