Montana Outdoors Vol 8 No 1 Jan/feb 1977

Cover Montana Outdoors Vol  8  No 1 Jan/feb 1977
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Supreme Court unanimously reversed a lower court decision which had declared the Wild Free-Roaming Horses and Burros Act unconstitutional. The New Mexico Livestock Board had rounded up 19 wild burros it claimed were molesting cattle on Bureau of Land Management (BLM) land. The board then auctioned the burros.
After the sale, the BLM demanded the animals be returned to the public lands, using the Wild Free-Roaming Horses and Burros Act as its authori- ty.
The livestock board contended the act in
...fringed on state authority and sovereignty and was thus uncon- stitutional. A three-judge district court agreed.
But on appeal, the Supreme Court overturned the lower court's decision and ruled the act constitutional. The International Assn. of Fish and Wildlife Agencies (IAFWA) favored the reversal but took the position that the burros were feral animals, not wildlife, and that therefore the court need not concern itself with the im- plications of state ownership of wildlife.
But the court drew no distinction and said Congress has the power not only to control the public lands, but "the power to regulate and protect the wildlife living there." The states did not contest Congress' right to protect wildlife or public land, but regulation of wildlife by Congress infringes on traditional state jurisdic- tion.


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