[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR12.24]

[Page 35]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 12--SEIZURE AND FORFEITURE PROCEDURES--Table of Contents
 
                    Subpart C--Forfeiture Proceedings
 
Sec. 12.24  Petition for remission of forfeiture.

    (a) Any person who has an interest in cargo, of a vessel or other 
conveyance employed in unlawful taking, subject to forfeiture under the 
Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., or any person who 
has an interest in any property subject to forfeiture under the 
Endangered Species Act, 16 U.S.C. 1531 et seq.; Eagle Protection Act, 16 
U.S.C. 668 et seq.; Airborne Hunting Act, 16 U.S.C. 742j-1; or the Lacey 
Act Amendments of 1981, 16 U.S.C. 3371 et seq., or any person who has 
incurred or is alleged to have incurred a forfeiture of any such 
property, may file with the Solicitor or, when forfeiture proceedings 
have been brought in U.S. District Court, the Attorney General, a 
petition for remission of forfeiture.
    (b) A petition filed with the Solicitor need not be in any 
particular form, but it must be received before disposition of the 
property and must contain the following:
    (1) A description of the property;
    (2) The time and place of seizure;
    (3) Evidence of the petitioner's interest in the property, including 
contracts, bills of sale, invoices, security interests, certificates of 
title, and other satisfactory evidence; and
    (4) A statement of all facts and circumstances relied upon by the 
petitioner to justify remission of the forfeiture.
    (c) The petition shall be signed by the petitioner or the 
petitioner's attorney at law. If the petitioner is a corporation, the 
petition must be signed by an authorized officer, supervisory employee, 
or attorney at law, and the corporate seal shall be properly affixed to 
the signature.
    (d) A false statement in the petition may subject the petitioner to 
prosecution under title 18, U.S. Code, section 1001.
    (e) Upon receiving the petition, the Solicitor shall decide whether 
or not to grant relief. In making a decision, the Solicitor shall 
consider the information submitted by the petitioner, as well as any 
other available information relating to the matter.
    (f) If the Solicitor finds the existence of such mitigating 
circumstances as to justify remission or mitigation of the forfeiture or 
alleged forfeiture, the Solicitor may remit or mitigate the same upon 
such terms and conditions as may be reasonable and just or may order 
discontinuance of any proceeding under Sec. 12.23
    (g) If the Solicitor decides that relief should not be granted, the 
Solicitor shall so notify the petitioner in writing, stating in the 
notification the reasons for denying relief. The petitioner may then 
file a supplemental petition, but no supplemental petition shall be 
considered unless it is received within 60 days from the date of the 
Solicitor's notification denying the original petition.

[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982]

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