§1338 — Title 16 Conservation | U.S. Code

Summary

It makes several acts illegal with wild free-roaming horses and burros. You may not take them off public land or make them private without the Secretary’s permission. You may not kill or harass them. You may not turn their remains into commercial products unless another rule allows it. You may not sell animals or their remains that are kept on private or leased land under special permission. You also must follow rules made under this law. Employees picked by the Secretary of the Interior or the Secretary of Agriculture can arrest someone without a warrant if they see a violation. They can take the person right away to a court or official and can carry out court-issued warrants. Federal judges and magistrates can sign warrants when there is probable cause.

Title 16, §1338

Conservation — Source: USLM XML via OLRC

(a)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 Secretary, or

(2)converts a wild free-roaming horse or burro to private use, without authority from the Secretary, or

(3)maliciously causes the death or harassment of any wild free-roaming horse or burro, or

(4)except as provided in section 1333(e) of this title, 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 maintained on private or leased land pursuant to section 1334 of this title, or the remains thereof, or

(6)willfully violates a regulation issued pursuant to this chapter,

(b)Any employee designated by the Secretary of the Interior or the Secretary of Agriculture shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this chapter or any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this chapter or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States magistrate judge may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants, in all such cases.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (a)(4). Pub. L. 108–447 inserted “except as provided in section 1333(e) of this title,” before “processes or permits”.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” and “magistrate judge” substituted for “United States magistrate” and “magistrate”, respectively, in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§1338 Criminal provisions