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

Summary

Makes it a crime to, on purpose, take or try to take a wild free-roaming horse or burro from public land without the Secretary's permission; to turn one into private use without permission; to kill or harass one on purpose; to turn its remains into commercial products except under section 1333(e); to sell a wild horse or burro kept on private or leased land under section 1334 or its remains; or to knowingly break a regulation under this chapter. Employees the Secretary of the Interior or the Secretary of Agriculture names can arrest without a warrant anyone they see breaking these rules, bring them for trial, and carry out warrants. A federal judge or magistrate can issue such warrants if an oath shows 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