[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR9264.7]

[Page 934-935]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 9260_LAW ENFORCEMENT_CRIMINAL--Table of Contents
 
                      Subpart 9264_Range Management
 
Sec. 9264.7  Wild free-roaming horse and burro protection, management, and 
control.

    (a) Prohibited acts. In accordance with section 8 of the Wild Free-
Roaming Horse and Burro Act (16 U.S.C. 1338), 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

[[Page 935]]

    (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 Sec. 
4740.4-2(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 
Sec. 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.