16 U.S.C. § 1338
Criminal provisions
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.
2004—Subsec. (a)(4). Pub. L. 108–447 inserted “except as provided in section 1333(e) of this title,” before “processes or permits”.
“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.
Notes of Decisions
Cited in 13
cases, 1977–2020 · leading case: United States v. Donald Wayne Hughes, 626 F.2d 619 (9th Cir. 1980).
United States v. Donald Wayne Hughes, 626 F.2d 619 (9th Cir. 1980). “Thus, adopted horses continue to receive protection as “wild free-roaming” horses even though they are neither roaming on public lands nor, strictly speaking, unclaimed. III. Hughes next contends that, even if the United States owns a property interest in the horses it rounds…”
In Def. of Animals v. Salazar, 675 F. Supp. 2d 89 (D.D.C. 2009). “The management and protection duties specifically assigned to the Secretary by the Act consist of (1) prosecuting private persons who harass, capture, or kill wild horses, see 16 U.S.C. § 1338 (a); (2) removing any wild horses that wander onto privately owned lands from public…”
Haberman v. United States, 26 Cl. Ct. 1405 (Ct. Cl. 1992). “16 U.S.C. § 1338 (a)(3), and for processing or permitting to be processed into commercial products the remains of a wild free-roaming horse or burro.”
Am. Horse Prot. Ass'n v. United States Dep't of Interior, 551 F.2d 432 (D.C. Cir. 1977). “Act, § 8(a), 16 U.S.C. § 1338 (a) (Supp. V 1975). . Act, § 2(b), 16 U.”
Wild Horse Observers Ass'n v. Jewell, 550 F. App'x 638 (10th Cir. 2013). “Baca, arguing he had permitted the BLM to set up a temporary corral on his property and intended to round up and remove wild horses in violation of 16 U.S.C. § 1338 (a) (making it a crime to willfully harass, capture, or kill protected wild horses).”
Rock Springs Grazing Ass'n v. Salazar, 935 F. Supp. 2d 1179 (D. Wyo. 2013). “Because the Wild Horses Act prohibits the harassment of wild horses when it is done “maliciously,” 16 U.S.C. § 1338 (a)(3), it is not entirely clear what measures may be taken by landowners to protect their land from wild horses without risk of sanctions.”
United States v. Tomlinson, 574 F. Supp. 1531 (D. Wyo. 1983). “§ 371 to violate 16 U.S.C. § 1338 , which prohibits removal of wild and free-roaming horses from federal public lands without prior notification to, and approval by, the Secretary of Interior.”
Mountain States Legal Found. v. Hodel, 799 F.2d 1423 (10th Cir. 1986). “Because the Wild Free-Roaming Horses and Burros Act only prohibits the harassment of wild horses when it is done "maliciously," 16 U.S.C. § 1338 (a)(3) (1982), it is not clear that the appellants are completely prevented from taking measures to protect their forage from wild…”
United States v. Blaine Johnson, 685 F.2d 337 (9th Cir. 1982). “Johnson was convicted of removing a wild free-roaming horse from public lands, in violation of § 8(a)(1) of the Act, 16 U.S.C. § 1338 (a)(1). The case was tried to the court, upon stipulated facts.”
United States v. Jenkins, 745 F. Supp. 2d 692 (E.D. Va. 2010). “§ 641 , or the specific conversion provision in the Wild Free-roaming Horses and Burros Act of 1971, 16 U.S.C. § 1338 . The defendant argued that his conduct was only cognizable under § 1338.”
United States v. Christiansen, 504 F. Supp. 364 (D. Nev. 1980). “The defendants have been charged, in a seven count indictment, with willfully removing wild free-roaming horses from public lands ( 16 U.S.C. § 1338 (a)(1)) and with maliciously causing the death of a wild free-roaming horse ( 16 U.”
Am. Wild Horse Campaign v. Zinke (D.D.C. 2020). “shall be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both,” 16 U.S.C. § 1338 (a)(1); see Bennett, 520 U.”
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