Current through September 30, 2024
Section 12.2 - What is the scope of the regulations in this part?(a) The regulations in this part apply to all property seized or subject to administrative forfeiture under any of the following laws: (1) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq.;(2) The Airborne Hunting Act, 16 U.S.C. 742j-1 ;(3) The Endangered Species Act, 16 U.S.C. 1531 et seq.;(4) The Lacey Act, 18 U.S.C. 42 ;(5) The Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.;(6) The Rhinoceros and Tiger Conservation Act, 16 U.S.C. 5301 et seq.;(7) The Antarctic Conservation Act, 16 U.S.C. 2401 et seq.;(8) The Paleontological Resources Protection Act, 16 U.S.C. 470aaa et seq.; and(9) The African Elephant Conservation Act, 16 U.S.C. 4201 et seq.(b) These regulations apply to the disposal of any property forfeited or abandoned to the United States under any of the following laws: (1) Any of the laws identified in paragraph (a) of this section;(2) The National Wildlife Refuge System Administration Act, 16 U.S.C. 668dd et seq.;(3) The Migratory Bird Treaty Act, 16 U.S.C. 703 et seq. (MBTA);(4) The Migratory Bird Hunting and Conservation Stamp Act, 16 U.S.C. 718 et seq.;(5) The Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.;(6) The Archeological Resources Protection Act, 16 U.S.C. 470aa et seq.; and(7) The Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq.(c) This part applies to all forfeitures administered by the Service with the exception of seizures and forfeitures under the statutes listed under 18 U.S.C. 983(i) . The authority under this part to conduct administrative forfeitures derives from the procedural provisions of the Customs and Border Protection laws (19 U.S.C. 1602 - 1618 ) where those provisions are incorporated by reference in the substantive forfeiture statutes enforced by the Service.