[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: 50CFR12.37]

[Page 38-39]
 
                    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 D--Disposal of Forfeited or Abandoned Property
 
Sec. 12.37  Sale.

    (a) Wildlife and plants may be sold or offered for sale, except any 
species which at the time it is to be sold or offered for sale falls 
into one of the following categories:
    (1) Listed in Sec. 10.13 of this title as a migratory bird protected 
by the Migratory Bird Treaty Act (16 U.S.C. 703-712);
    (2) Protected under the Eagle Protection Act (16 U.S.C. 668-668d);
    (3) Listed in Sec. 23.33 of this title as ``Appendix I'' under the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora;
    (4) Listed in Sec. 17.11 of this title as ``endangered'' or 
``threatened'' under the Endangered Species Act of 1973 (16 U.S.C. 
1533), unless the item or species may be lawfully traded in interstate 
commerce; and
    (5) Protected under the Marine Mammal Protection Act (16 U.S.C. 
1361-1407), unless the item or species may be lawfully traded in 
interstate commerce.
    (b) Wildlife and plants must be sold in accordance with current 
Federal Property Management Regulations (41 CFR chapter 101) and 
Interior Property Management Regulations (41 CFR chapter 114) or U.S. 
Customs laws and regulations, except the Director may sell any wildlife 
or plant immediately for its fair market value if the Director 
determines that it is liable to perish, deteriorate, decay, waste, or 
greatly decrease in value by keeping, or that the expense of keeping it 
is disproportionate to its value.
    (c) Wildlife or plants which may not be possessed lawfully by 
purchasers under the laws of the State where held may be moved to a 
State where possession is lawful and may be sold.
    (d) Wildlife or plants purchased at sale are subject to the 
prohibitions, restrictions, conditions, or requirements which apply to a 
particular species of wildlife or plant imposed by the laws or

[[Page 39]]

regulations of the United States or any State, including any applicable 
conservation, health, quarantine, agricultural, or Customs laws or 
regulations, except as provided by Sec. 12.32 of this part.
    (e) The Director may use the proceeds of sale to reimburse the 
Service for any costs which by law the Service is authorized to recover 
or to pay any rewards which by law may be paid from sums the Service 
receives.