The Fish and Wildlife Service has issued a final rule that, effective Aug. 24, will revise its regulations regarding seizure and administrative forfeiture of property and the disposal of any property forfeited or abandoned to the U.S.
The FWS has authority to seize and conduct administrative forfeiture, and/or to dispose of property forfeited or abandoned to the U.S., under a number of different laws, including some affecting imports and exports such as the Lacey Act, the Marine Mammal Protection Act, and the Endangered Species Act. Existing regulations establish the procedures the FWS uses for the seizure, bonded release, appraisement, administrative proceeding, petition for remission, and disposal of items subject to forfeiture.
According to the FWS, the revisions being made by this rule make these regulations easier to understand, more clearly explain the procedures used in administrative forfeiture proceedings, make such proceedings more efficient, and make the FWS’ seizure and forfeiture procedures more uniform with those of other agencies subject to the Civil Asset Forfeiture Reform Act.
Among the trade-related changes being made by this rule are (1) explicitly indicating that the FWS may offer directed re-export for shipments it refuses to clear for entry into the U.S. and (2) clarifying that the FWS may re-export or destroy injurious species and recover associated costs.
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