914 



of all wildlife species which inhabit such lands, par- 

 ticularly endangered wildlife species. Any adjust- 

 ments in forage allocations on any such lands shall 

 take into consideration the needs of other wildlife 

 species which inhabit such lands. 



(b) Humane destruction of certain animals; removal 

 for private maintenance. 



Where an area is found to be overpopulated, the 

 Secretary, after consulting with the Advisory Board, 

 may order old. sick, or lame animals to be destroyed 

 in the most humane manner possible, and he may 

 cause additional excess wild free-roaming horses and 

 burros to be captured and removed for private main- 

 tenance under humane conditions and care. 



(c) Humane destruction: act of mercy; habitat use; 

 overpopulation. 



The Secretary may order wild free-roaming horses 

 or burros to be destroyed in the most humane man- 

 ner possible when he deems such action to be an act 

 of mercy or when in his judgment such action is 

 necessary to preserve and maintain the habitat in 

 a suitable condition for continued use. No wild 

 free-roaming horse or burro shall be ordered to be 

 destroyed because of over population xmless in the 

 judgment of the Secretary such action is the only 

 practical way to remove excess animals from the 

 area. 



(d) Customary disposal of remains; sales prohibition. 

 Nothing in this chapter shall preclude the cus- 

 tomary disposal of the remains of a deceased wild 

 free-roaming horse or burro, including those in the 

 authorized possession of private parties, but in no 

 event shall such remains, or any part thereof, be 

 sold for any consideration, directly or indirectly. 

 (Pub. L. 92-195, § 3, Dec. 15, 1971, 85 Stat. 649.) 



§ 1334. Private maintenance; numerical approxima- 

 tion; strays on private lands: removal; destruc- 

 tion by agents. 



If wild free-roaming horses or burros stray from 

 public lands onto privately owned land, the owners 

 of such land may inform the nearest Federal mar- 

 shall or agent of the Secretary, who shall arrange 

 to have the animals removed. In no event shall such 

 wild free-roaming horses and burros be destroyed 

 except by the agents of the Secretary. Nothing in 

 this section shall be construed to prohibit a private 

 landowner from maintaining wild free-roaming 

 horses or burros on his private lands, or lands leased 

 from the Government, if he does so in a manner that 

 protects them from harassment, and if the animals 

 were not willfully removed or enticed from the public 

 lands. Any individuals who maintain such wild free- 

 roaming horses or burros on their private lands or 

 lands leased from the Government shall notify the 

 appropriate agent of the Secretary and supply him 

 with a reasonable approximation of the number of 

 animals so maintained. (Pub. L. 92-195. § 4, Dec. 15, 

 1971, 85 Stat. 650.) 



Section Referred to in Other Sections 

 This section Is referred to In section 1338 of this title. 



§ 1335. Recovery rights. 



A person claiming ownership of a horse or burro 

 on the public lands shall be entitled to recover it only 

 if recovery is permissible under the branding and 



estray laws of the State in which the animal is foimd. 

 (Pub. L. 92-195, § 5, Dec. 15, 1971, 85 Stat. 650.) 



§ 1336. Cooperative agreements; regulations. 



The Secretary is authorized to enter into coopera- 

 tive agreements with other landowners and with the 

 State and local governmental agencies and may issue 

 such regulations as he deems necessary for the fur- 

 therance of the purposes of this chapter. (Pub. L. 92- 

 195, § 6, Dec. 15, 1971, 85 Stat. 650.) 



§1337. Joint advisory board; appointment; member- 

 ship; functions; qualifications; reimbursement 

 limitation. 



The Secretary of the Interior and the Secretary of 

 Agriculture are authorized and directed to appoint 

 a joint advisory board of not more than nine mem- 

 bers to advise them on any matter relating to wild 

 free-roaming horses and burros and their manage- 

 ment and protection. They shall select as advisers 

 persons who are not employees of the Federal or 

 State Governments and whom they deem to have 

 special knowledge about protection of horses and 

 burros, management of wildlife, animal husbandry, 

 or natural resources management. Members of the 

 board shall not receive reimbursement except for 

 travel and other expenditures necessary in connec- 

 tion with their services. (Pub. L. 92-195, § 7, Dec. 15, 

 1971, 85 Stat. 650.) 



Section Referred to in Other Sections 



This section Is referred to In section 1333 of this title. 



§ 1338. Criminal provisions. 



(a) Violations; penalties; trial. 



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 Secre- 

 tary, 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 maintained on private or 

 leased land pursuant to section 1334 of this title, 

 or the remains thereof, or 



( 6 ) willfully violates a regulation issued pursu- 

 ant to this chapter, 



shall be subject to a fine of not more than $2,000, or 

 imprisonment for not more than one year, or both. 

 Any person so charged with such violation by the 

 Secretary may be tried and sentenced by any United 

 States commissioner or magistrate designated for 

 that purpose by the court by which he was appointed, 

 in the same manner and subject to the same con- 

 ditions as provided for in section 3401, Title 18. 



(b) Arrest; appearance for examination or trial; war- 

 rants: issuance and execution. 



Any employee designated by the Secretary of the 

 Interior or the Secretary of Agriculture shall have 

 power, without warrant, to arrest any person com- 

 mitting in the presence of such employee a viola- 

 tion of this chapter or any regulation made pur- 



