3-1491. Salt river horse herd; necessary interaction; written authorization; violation; classification; definition

A. A person shall not harass, shoot, injure, kill or slaughter a horse that is part of the Salt river horse herd.

B. A person shall not interfere with, take, chase, capture or euthanize a horse that is part of the Salt river horse herd without written authorization from either the department or the county sheriff. The department or the county sheriff may provide written authorization pursuant to this subsection only for humane purposes.

C. If an incident occurs that requires interaction with the Salt river horse herd in order to protect the safety or health of a horse that is or horses that are part of the Salt river horse herd or the public, a private or public entity may address the incident after obtaining written authorization from either the department or the county sheriff.

D. If a horse has any brand or other mark that indicates ownership, the department shall attempt to prove ownership of the horse or the county sheriff shall contact the department to attempt to establish ownership of the horse.  If the department cannot prove ownership of the horse, the department or the county sheriff may provide written authorization pursuant to this section.

E. This state shall enter into an agreement pursuant to section 11-952 with the United States forest service to implement this article or to address any issue relating to the Salt river horse herd.

F. This state may enter into an agreement with a private entity to address any issue relating to the Salt river horse herd.

G. A horse that is part of the Salt river horse herd is not a stray animal as defined in section 3-1401 and is not subject to sections 3-1371 and 3-1402.

H. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.

I. For the purposes of this section, "Salt river horse herd" includes the horses that inhabit and that have historically lived in and around the lower Salt river and saguaro lake areas in the tonto national forest and that do not have a brand or other mark that indicates ownership.