43 C.F.R. § 4720.1
Removal of excess animals from public lands
Upon examination of current information and a determination by the authorized officer that an excess of wild horses or burros exists, the authorized officer shall remove the excess animals immediately in the following order.
(a) Old, sick, or lame animals shall be destroyed in accordance with subpart 4730 of this title;
(b) Additional excess animals for which an adoption demand by qualified individuals exists shall be humanely captured and made available for private maintenance in accordance with subpart 4750 of this title; and
(c) Remaining excess animals for which no adoption demand by qualified individuals exists shall be destroyed in accordance with subpart 4730 of this title.
Notes of Decisions
Cited in 2
cases, 1980–2010 · leading case: Habitat for Horses v. Salazar, 745 F. Supp. 2d 438 (S.D.N.Y. 2010).
Habitat for Horses v. Salazar, 745 F. Supp. 2d 438 (S.D.N.Y. 2010). “) Accordingly, the horses located outside Pieeance East were “determined to be defined as excess and must be removed as per 43 CFR 4720.1.” (Decision Record at 3.) The gather began on October 11, 2010 and will conclude on October 22, 2010.”
United States v. Christiansen, 504 F. Supp. 364 (D. Nev. 1980). “43 C.F.R. § 4720.1 excludes unbranded horses that have entered public lands by accident or negligence from the categorization of “wild free-roaming” horses.”
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