NDA VIOLATES LAW AND PLACES CHERISHED VIRGINIA RANGE MUSTANGS IN

DANGER OF SLAUGHTER

The NDA’s plan to giveaway 2,951 Virginia Range horses via an RFP process currently underway:

➔​ Violates Legislative and Executive Intent

In June 2013, the Nevada Legislature passed, by a strong bipartisan majority, passed legislation (AB264) to
authorize the NDA to enter into Cooperative Agreements for the control . Governor Sandoval held a signing
ceremony for the bill on June 17, 2013.

The bill authorized the Nevada Department of Agriculture (NDA) to enter into Cooperative Agreements with
non-profit organizations for the management, control, placement and disposition of the Virginia Range horses.

In November 2017, Governor Sandoval affirmed the intent of the state to continue to use the legislative
authority conveyed by AB264 to enter into public/private partnerships for the management of the Virginia
Range horses. A statement issued by his office to the ​Reno Gazette Journal​ read, in part:

“…[P]roper management and preservation of our horse populations is also a responsibility that [the
Governor] recognizes and expects the Department of Agriculture to manage in collaboration and
partnership with local organizations. The Governor continues to support the state partnering with
non-profit management organizations to help manage Nevada’s unique wild horse population.”
➔​ Violates Nevada State Law

Under the Nevada Revised Statutes (NRS) Chapter 569, the NDA is responsible for the management, control,
placement and disposition of Virginia Range estray and feral horses.

Under NRS Chapter, in order to transfer ownership of the horses, the NDA would have to:
1. Gather all the horses.
2. Distinguish feral horses from estray horses.
3. Publicly notice via advertising in the local papers where horses were captured that the horses
were impounded in order to give owners of feral or estray livestock a chance to reclaim them.
4. Sell unclaimed horses OR place them via a Cooperative Agreement,
5. Provide a brand inspection clearance for a purchaser (if sold)
6. Individually identify via mark, brand or animal identification before sale or placement.

Nothing in the NRS provides for the wholesale transfer of ownership of the Virginia Range horses and the
issuance of a mass brand inspection for 2,951 horses counted in a flyover census in January 2018.

➔​ Leaves Publicly Cherished Horses In Danger of Slaughter

The NDA has acknowledged that the new owner will have absolute property rights over the horses,
meaning that the horses could legally be rounded up and sold for slaughter. The RFP acknowledges
that state “will have no contractual relationship beyond the transfer of ownership.” Rather than
preserving the horses, as the Governor intended, this transfer scheme leaves this locally cherished
horse population in danger of eradication and slaughter.

➔​Is Logistically Impossible

The RFP states, “​It is intended that the selected owner will work to keep the horse population on the range and will facilitate
adoptions of any horses removed from the range.” However it will be legally and logistically impossible for a private owner
to maintain the horses free-roaming in their current range.

● NRS 568 establishes that it is illegal for owned livestock to graze in certain areas near water supply
(568.330) and at a spring or well of ​another or within 1 mile of home or ranch house unlawful (568.340),
making it impossible for a new owner to keep the Virginia Range horses free ranging on the Virginia
Range.
● NRS ​ 569.080 requires all feral and estray horses sold, placed or disposed of by the state to be branded or individually
marked.
● No insurance company will issue liability coverage for nearly 3,000 privately owned livestock free
ranging on 300,000 acres of land, most of which is privately owned.

NRS 568 establishes that it is illegal for owned livestock to graze in certain areas near water supply (568.330) and at a spring or
well of ​another or within 1 mile of home or ranch house unlawful (568.340), making it impossible for a new owner to keep the
Virginia Range horses free ranging on the Virginia Range.

➔​Conclusion: Only viable new owner for the horses is one that intends to
round up and remove them from the Virginia Range and sell them for
slaughter.