As used in this part, the term:
(a) Act means the Act of December 15, 1971, as amended (16 U.S.C. 1331-1340), commonly referred to as the Wild Free-Roaming Horse and Burro Act.
(b) Authorized officer means any employee of the Bureau of Land Management to whom has been delegated the authority to perform the duties described herein.
(c) Commercial exploitation means using a wild horse or burro because of its characteristics of wildness for direct or indirect financial gain. Characteristics of wildness include the rebellious and feisty nature of such animals and their defiance of man as exhibited in their undomesticated and untamed state. Use as saddle or pack stock and other uses that require domestication of the animal are not commercial exploitation of the animals because of their characteristics of wildness.
(d) Herd area means the geographic area identified as having been used by a herd as its habitat in 1971.
(e) Humane treatment means handling compatible with animal husbandry practices accepted in the veterinary community, without causing unnecessary stress or suffering to a wild horse or burro.
(f) Inhumane treatment means any intentional or negligent action or failure to act that causes stress, injury, or undue suffering to a wild horse or burro and is not compatible with animal husbandry practices accepted in the veterinary community.
(g) Lame wild horse or burro means a wild horse or burro with one or more malfunctioning limbs that permanently impair its freedom of movement.
(h) Old wild horse or burro means a wild horse or burro characterized because of age by its physical deterioration and inability to fend for itself, suffering, or closeness to death.
(i) Private maintenance means the provision of proper care and humane treatment to excess wild horses and burros by qualified individuals under the terms and conditions specified in a Private Maintenance and Care Agreement.
(j) Public lands means any lands or interests in lands administered by the Secretary of the Interior through the Bureau of Land Management.
(k) Sick wild horse or burro means a wild horse or burro with failing health, infirmity or disease from which there is little chance of recovery.
(l) Wild horses and burros means all unbranded and unclaimed horses and burros that use public lands as all or part of their habitat, that have been removed from these lands by the authorized officer, or that have been born of wild horses or burros in authorized BLM facilities, but have not lost their status under section 3 of the Act. Foals born to a wild horse or burro after approval of a Private Maintenance and Care Agreement are not wild horses or burros. Such foals are the property of the adopter of the parent mare or jenny. Where it appears in this part the term wild horses and burros is deemed to include the term free-roaming.
[51 FR 7414, Mar. 3, 1986, as amended at 59 FR 28275, June 1, 1994]
Notes of Decisions
Habitat for Horses v. Salazar, 745 F. Supp. 2d 438 (S.D.N.Y. 2010).
“” 43 C.F.R. § 4700.0-5 (d). To accomplish the statutory mandate to “protect and manage” wild horses on public lands, BLM “may designate and maintain specific ranges on public lands as sanctuaries for their protection and preservation.”
United States v. Donald Wayne Hughes, 626 F.2d 619 (9th Cir. 1980).
“Hughes observes that a recent regulation defined “malicious harassment” of wild horses as “any intentional act which demonstrates a deliberate disregard for the well-being of wild free-roaming horses,” 43 C.F.R. 4700.0-5(k) (1977). Hughes contends that this regulation mandates…”
Dahl v. Clark, 600 F. Supp. 585 (D. Nev. 1984).
“43 C.F.R. § 4700.0-5 (d) (1983). It requires the appropriate officer of the BLM for each area where a herd of wild horses exists to maintain a current inventory of such horses in order to evaluate population trends in relation to the environment.”
Mountain States Legal Found. v. Hodel, 799 F.2d 1423 (10th Cir. 1986).
“43 C.F.R. § 4700.0-5 (k) (1985). The Association alleges that the Secretary has disregarded its repeated requests to remove wild horses from its lands, that it is prohibited by section 1338 of the Act from removing the wild horses itself, and that the wild horses grazing on its…”
Wild Horse Observers Ass'n v. N.M. Livestock Bd. (N.M. Ct. App. 2022).
“See § 1332(b) (defining “wild free-roaming 13 horses and burros” as “all unbranded and unclaimed horses and burros on public 14 lands of the United States”); see also 43 C.F.R. § 4700.0-5 (l) (2022) (defining “wild 15 horses and burros” to include “all unbranded and unclaimed…”
Am. Wild Horse Campaign v. Zinke, 353 F. Supp. 3d 971 (D. Nev. 2018).
“§ 1332 (b) ; 43 C.F.R. § 4700.0-5 . Based on this definition, a horse will be considered wild when it is unbranded, unclaimed, and on United States public land.”
Wild Horse Observers Ass'n v. N.M. Livestock Bd. (N.M. Ct. App. 2022).
“See § 1332(b) (defining “wild free-roaming 13 horses and burros” as “all unbranded and unclaimed horses and burros on public 14 lands of the United States”); see also 43 C.F.R. § 4700.0-5 (l) (2022) (defining “wild 15 horses and burros” to include “all unbranded and unclaimed…”
Leigh v. Raby (D. Nev. 2022).
“” 43 C.F.R. § 4700.0-5 (e). Conversely, “inhumane treatment” is 16 defined as “any intentional or negligent action or failure to act that causes stress, injury, 17 or undue suffering to a wild horse or burro and is not compatible with animal husbandry 18 practices accepted in…”
Wild Horse Observers Ass’n v. N.M. Livestock Bd. (N.M. Ct. App. 2022).
“See § 1332(b) (defining “wild free-roaming horses and burros” as “all unbranded and unclaimed horses and burros on public lands of the United States”); see also 43 C.F.R. § 4700.0-5 (l) (2022) (defining “wild horses and burros” to include “all unbranded and unclaimed horses and…”
— 43 C.F.R. § 4700.0-5(k) — 1 case
United States v. Donald Wayne Hughes, 626 F.2d 619 (9th Cir. 1980).
“Hughes observes that a recent regulation defined “malicious harassment” of wild horses as “any intentional act which demonstrates a deliberate disregard for the well-being of wild free-roaming horses,” 43 C.F.R. 4700.0-5(k) (1977). Hughes contends that this regulation mandates…”
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