50 CFR § 11.1 - 11.34 - Taking, Possession, transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants - Civil Procedures

49 U.S. Fish and Wildlife Serv., Interior Pt. 11 TABLE 2 TO PARAGRAPH (c)(2)—TAXONOMIC LISTING OF BIRDS PROTECTED BY THE MIGRATORY BIRD TREATY ACT—Continued Species scientific name Species common name Tiaris olivaceus ............................................................................ Yellow-faced Grassquit. Melopyrrha portoricensis ............................................................. Puerto Rican Bullfinch. Melanospiza bicolor ..................................................................... Black-faced Grassquit. (3) Subfamily Sporophilinae Sporophila morelleti ..................................................................... Morelet’s Seedeater. [78 FR 65850, Nov. 1, 2013, as amended at 85 FR 21290, Apr. 16, 2020; 88 FR 49317, July 31, 2023] Subpart C—Addresses § 10.21 Director. (a) Mail forwarded to the Director for law enforcement purposes should be ad dressed to Chief, Office of Law Enforce ment, at the address provided at 50 CFR 2.1(b). (b) Mail sent to the Director regard ing permits for the Convention on International Trade in Endangered Species of Wild Fauna and Fauna (CITES), injurious wildlife, Wild Bird Conservation Act species, international movement of all ESA-listed endangered or threatened species, and scientific re search on, exhibition of, or interstate commerce in nonnative ESA-listed en dangered and threatened species should be addressed to: Director, U.S. Fish and Wildlife Service, (Attention: Division of Management Authority), at the ad dress provided for the Division of Man agement Authority at 50 CFR 2.1(b). Address mail for the following permits to the Regional Director. In the ad dress include one of the following: for import/export licenses and exception to designated port permits (Attention: Import/export license); for native en dangered and threatened species (At tention: Endangered/threatened species permit); and for migratory birds and eagles (Attention: Migratory bird per mit office). You can find addresses for regional offices at 50 CFR 2.2. [55 FR 48851, Nov. 23, 1990, as amended at 63 FR 52633, Oct. 1, 1998; 80 FR 26467, May 8, 2015] § 10.22 Law enforcement offices. (a) Service law enforcement offices are located in Service regional offices. Regional office addresses are provided at 50 CFR 2.2. Mail should be addressed to ‘‘Special Agent in Charge, Office of Law Enforcement, U.S. Fish and Wild life Service’’ at the appropriate re gional office address. Telephone num bers for Service law enforcement of fices follow: Region Law enforcement office telephone number 1 ............................................................. 503–231–6125 2 ............................................................. 505–248–7889 3 ............................................................. 612–713–5320 4 ............................................................. 404–679–7057 5 ............................................................. 413–253–8274 6 ............................................................. 303–236–7540 7 ............................................................. 907–786–3311 8 ............................................................. 916–414–6660 (b) Any resident or official of a for eign country may contact the Service’s Headquarters Office of Law Enforce ment at the address provided at 50 CFR 2.1(b) or by telephone at 703–358–1949. [78 FR 35151, June 12, 2013, as amended at 79 FR 43964, July 29, 2014] PART 11—CIVIL PROCEDURES Subpart A—Introduction Sec. 11.1 Purpose of regulations. 11.2 Scope of regulations. 11.3 Filing of documents. Subpart B—Assessment Procedure 11.11 Notice of violation. 11.12 Petition for relief. 11.13 Decision by the Director. 11.14 Notice of assessment. 11.15 Request for a hearing. 11.16 Final administrative decision. 11.17 Payment of final assessment. Subpart C—Hearing and Appeal Procedures 11.21 Commencement of hearing procedures. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00059 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 50 50 CFR Ch. I (10–1–23 Edition) § 11.1 11.22 Appearance and practice. 11.23 Hearings. 11.24 Final administrative action. 11.25 Appeal. 11.26 Reporting service. Subpart D—Civil Monetary Penalty Inflation Adjustments 11.31 Definitions. 11.32 Purpose and scope. 11.33 Adjustments to penalties. 11.34 Subsequent adjustments. AUTHORITY: 16 U.S.C. 470aa–470mm, 470aaa– 470aaa–11, 668–668d, 1361–1384, 1401–1407, 1531– 1544, 3371–3378, 4201–4245, 4901–4916, 5201–5207, 5301–5306; 18 U.S.C. 42–43; 25 U.S.C. 3001–3013; and Sec. 107, Pub. L. 114–74, 129 Stat. 599, un less otherwise noted. SOURCE: 39 FR 1159, Jan. 4, 1974, unless oth erwise noted. EDITORIAL NOTE: Nomenclature changes to part 11 appear at 67 FR 38208, June 3, 2002. Subpart A—Introduction § 11.1 Purpose of regulations. The regulations contained in this part provide uniform rules and proce dures for the assessment of civil pen alties in connection with violations of certain laws and regulations enforced by the Service. § 11.2 Scope of regulations. The regulations contained in this part apply only to actions arising under the following laws and regula tions issued thereunder: (a) Lacey Act, 18 U.S.C. 42–43; (b) Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; (c) Bald and Golden Eagle Protection Act, 16 U.S.C. 668–668d; (d) Endangered Species Act of 1973, 16 U.S.C. 1531 et seq.; (e) Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.; (f) African Elephant Conservation Act, 16 U.S.C. 4201 et seq.; (g) Rhinoceros and Tiger Conserva tion Act, 16 U.S.C. 5301 et seq.; (h) Archaeological Resources Protec tion Act, 16 U.S.C. 470aa et seq.; (i) Paleontological Resources Protec tion Act, 16 U.S.C. 470aaa et seq.; (j) The Native American Graves Pro tection and Repatriation Act, 25 U.S.C. 3001 et seq.; (k) Recreational Hunting Safety Act of 1994, 16 U.S.C. 5201 et seq.; and (l) Wild Bird Conservation Act, 16 U.S.C. 4901 et seq. [81 FR 41865, June 28, 2016] § 11.3 Filing of documents. (a) Whenever a document or other paper is required to be filed under this part within a certain time, such docu ment or paper will be considered filed as of the date of the postmark if mailed, or the date actually delivered to the office where filing is required. The time periods set forth in this part shall begin to run as of the day fol lowing the date of the document or other paper. (b) If an oral or written application is made to the Director up to 10 calendar days after the expiration of a time pe riod established in this part for the re quired filing of documents or other pa pers, the Director may permit a late filing within a fixed period where rea sonable grounds are found for an in ability or failure to file within the time period required. All such exten sions shall be in writing. Except as pro vided in this subsection, no other re quests for an extension of time may be granted. Subpart B—Assessment Procedure § 11.11 Notice of violation. (a) A notice of violation (hereinafter ‘‘notice’’), shall be issued by the Direc tor and served personally or by reg istered or certified mail, return receipt requested, upon the person believed to be subject to a civil penalty (the re spondent). The notice shall contain: (1) A concise statement of the facts be lieved to show a violation, (2) a specific reference to the provisions of the stat ute or regulation allegedly violated, and (3) the amount of penalty proposed to be assessed. The notice may also contain an initial proposal for com promise or settlement of the case. The notice shall also advise the respondent of his right to file a petition for relief pursuant to § 11.12, or to await the Di rector’s notice of assessment. (b) The respondent shall have 45 days from the date of the notice of violation VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00060 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 51 U.S. Fish and Wildlife Serv., Interior § 11.21 in which to respond. During this time he may: (1) Undertake informal discussions with the Director; (2) Accept the proposed penalty, or the compromise, if any, offered in the notice; (3) File a petition for relief; or (4) Take no action, and await the Di rector’s decision, pursuant to § 11.13. (c) Acceptance of the proposed pen alty or the compromise shall be deemed to be a waiver of the notice ef assessment required by § 11.14, and of the opportunity for a hearing. Any counter offer of settlement shall be deemed a rejection of the proposed offer of compromise. § 11.12 Petition for relief. If the respondent so chooses he may ask that no penalty be assessed or that the amount be reduced, and he may admit or contest the legal sufficiency of the charge and the Director’s allega tions of facts, by filing a petition for relief (hereinafter ‘‘petition’’) with the Director at the address specified in the notice within 45 days of the date there of. The petition shall be in writing and signed by the respondent. If the re spondent is a corporation, the petition must be signed by an officer authorized to sign such documents. It must set forth in full the legal or other reasons for the relief. § 11.13 Decision by the Director. Upon expiration of the period re quired or granted for filing of a peti tion for relief, the Director shall pro ceed to make an assessment of a civil penalty, taking into consideration in formation available to him and such showing as may have been made by the respondent, either pursuant to § 11.11 or § 11.12, or upon further request of the Director. § 11.14 Notice of assessment. The Director shall notify the re spondent by a written notice of assess ment, by personal service or by reg istered or certified mail, return receipt requested, of his decision pursuant to § 11.13. He shall set forth therein the facts and conclusions upon which he decided that the violation did occur and appropriateness of the penalty as sessed. § 11.15 Request for a hearing. Except where a right to request a hearing is deemed to have been waived as provided in § 11.11, the respondent may, within 45 calendar days from the date of the notice of assessment re ferred to in § 11.14, file a dated, written request for a hearing with the Depart mental Cases Hearings Division, Office of Hearings and Appeals, U.S. Depart ment of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101. [81 FR 41865, June 28, 2016] § 11.16 Final administrative decision. (a) Where no request for a hearing is filed as provided in § 11.15 the Direc tor’s assessment shall become effective and shall constitute the final adminis trative decision of the Secretary on the 45th calendar day from the date of the notice of assessment. (b) If a request for a hearing is timely filed in accordance with § 11.15, the date of the final administrative decision in the matter shall be as provided in sub part C of this part. § 11.17 Payment of final assessment. When a final administrative decision becomes effective in accordance with this part 11, the respondent shall have 20 calendar days from the date of the final administrative decision within which to make full payment of the pen alty assessed. Payment will be timely only if received in Office of the Direc tor during normal business hours, on or before the 20th day. Upon a failure to pay the penalty, the Solicitor of the Department may request the Attorney General to institute a civil action in the U.S. District Court to collect the penalty. Subpart C—Hearing and Appeal Procedures § 11.21 Commencement of hearing pro cedures. Proceedings under this subpart are commenced upon the timely filing with the Hearings Division of a request for a VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 52 50 CFR Ch. I (10–1–23 Edition) § 11.22 hearing, as provided in § 11.15 of sub part B. Upon receipt of a request for a hearing, the Hearings Division will as sign an administrative law judge to the case. Notice of assignment will be given promptly to the parties, and thereafter, all pleadings, papers, and other documents in the proceeding shall be filed directly with the admin istrative law judge, with copies served on the opposing party. § 11.22 Appearance and practice. (a) Subject to the provisions of 43 CFR 1.3, the respondent may appear in person, by representative, or by coun sel, and may participate fully in these proceedings. (b) Department counsel designated by the Solicitor of the Department shall represent the Director in these pro ceedings. Upon notice to the Director of the assignment of an administrative law judge to the case, said counsel shall enter his appearance on behalf of the Director and shall file all petitions and correspondence exchanged by the Director and the respondent pursuant to subpart B of this part, which shall become part of the hearing record. Thereinafter, service upon the Director in these proceedings shall be made to his counsel. § 11.23 Hearings. (a) The administrative law judge shall have all powers accorded by law and necessary to preside over the par ties and the proceedings and to make decisions in accordance with 5 U.S.C. 554–557. Failure to appear at the time set for hearing shall be deemed a waiv er of the right to a hearing and consent to the making of a decision on the record made at the hearing. Copies of the transcript may be inspected or cop ied. (b) The transcript of testimony, the exhibits, and all papers, documents, and requests filed in the proceedings, shall constitute the record for decision. The judge will render a written deci sion upon the record, which shall set forth his findings of fact and conclu sions of law, and the reasons and basis therefor, and an assessment of a pen alty, if any. § 11.24 Final administrative action. Unless a notice of request for an ap peal is filed in accordance with § 11.25 of this subpart C, the administrative law judge’s decision shall constitute the final administrative determination of the Secretary in the matter and shall become effective 30 calendar days from the date of the decision. § 11.25 Appeal. (a) Either the respondent or the Di rector may seek an appeal from the de cision of an administrative law judge rendered subsequent to January 1, 1974, by the filing of a ‘‘Notice of Request for Appeal’’ with the Director, Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101, within 30 calendar days of the date of the administrative law judge’s deci sion. Such notice shall be accompanied by proof of service on the administra tive law judge and the opposing party. (b) Upon receipt of such a request, the Director, Office of Hearings and Appeals, shall appoint an ad hoc ap peals board to determine whether an appeal should be granted, and to hear and decide an appeal. To the extent they are not inconsistent herewith, the provisions of subpart G of the Depart ment Hearings and Appeals Procedures in 43 CFR part 4 shall apply to appeal proceedings under this subpart. The de termination of the board to grant or deny an appeal, as well as its decision on the merits of an appeal, shall be in writing and become effective as the final administrative determination of the Secretary in the proceeding on the date it is rendered, unless otherwise specified therein. [39 FR 1159, Jan. 4, 1974, as amended at 81 FR 41865, June 28, 2016] § 11.26 Reporting service. Copies of decisions in civil penalty proceedings instituted under statutes referred to in subpart A of this part and rendered subsequent to June 3, 1970, may be obtained by letter of re quest addressed to the Director, Office of Hearings and Appeals, U.S. Depart ment of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101. Fees for this service shall VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 53 U.S. Fish and Wildlife Serv., Interior § 11.34 be as established by the Director of that Office. [81 FR 41865, June 28, 2016] Subpart D—Civil Monetary Penalty Inflation Adjustments SOURCE: 81 FR 41865, June 28, 2016, unless otherwise noted. § 11.31 Definitions. (a) Civil monetary penalty means any penalty, fine, or other sanction that: (1)(i) Is for a specific monetary amount as provided by Federal law; or (ii) Has a maximum amount provided for by Federal law; (2) Is assessed or enforced by an agen cy pursuant to Federal law; and (3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. (b) Inflation Adjustment Act means the Federal Civil Penalties Inflation Ad justment Act Improvements Act of 2015 (Pub. L. 114–74, November 2, 2015, 129 Stat. 584, 28 U.S.C. 2461 note). § 11.32 Purpose and scope. The purpose of this part is to make the inflation adjustment, described in and required by the Inflation Adjust ment Act, of each civil monetary pen alty provided by law within the juris diction of the U.S. Fish and Wildlife Service. § 11.33 Adjustments to penalties. The civil monetary penalties provided by law within the jurisdiction of the U.S. Fish and Wildlife Service are adjusted as follows: Law Citation Type of violation Maximum civil monetary penalty (a) African Elephant Conservation Act. 16 U.S.C. 4224(b) ........................ Any violation ................................. $12,397 (b) Bald and Golden Eagle Pro tection Act. 16 U.S.C. 668(b) .......................... Any violation ................................. 15,662 (c) Endangered Species Act of 1973. 16 U.S.C. 1540(a)(1) .................... (1) Knowing violation of section 1538. (2) Other knowing violation .......... (3) Any other violation .................. 61,982 29,751 1,566 (d) Lacey Act Amendments of 1981. 16 U.S.C. 3373(a) ........................ (1) Violations referred to in 16 U.S.C. 3373(a)(1). (2) Violations referred to in 16 U.S.C. 3373(a)(2). 31,326 783 (e) Marine Mammal Protection Act of 1972. 16 U.S.C. 1375 ............................. Any violation ................................. 31,326 (f) Recreational Hunting Safety Act of 1994. 16 U.S.C. 5202(b) ........................ (1) Violation involving use of force or violence or threatened use of force or violence. (2) Any other violation .................. 19,933 9,966 (g) Rhinoceros and Tiger Con servation Act of 1998. 16 U.S.C. 5305a(b)(2) .................. Any violation ................................. 21,805 (h) Wild Bird Conservation Act ..... 16 U.S.C. 4912(a)(1) .................... (1) Violation of section 4910(a)(1), section 4910(a)(2), or any per mit issued under section 4911. (2) Violation of section 4910(a)(3) (3) Any other violation .................. 52,540 25,218 1,052 [81 FR 41865, June 28, 2016, as amended at 82 FR 6308, Jan. 19, 2017; 83 FR 5951, Feb. 12, 2018; 84 FR 15526, Apr. 16, 2019; 85 FR 10311, Feb. 24, 2020; 86 FR 15428, Mar. 23, 2021; 87 FR 13949, Mar. 11, 2022; 88 FR 5797, Jan. 30, 2023] § 11.34 Subsequent adjustments. The Secretary of the Interior or his or her designee will, every year after August 1, 2016, make the inflation ad justment described in and required by the Inflation Adjustment Act of each civil monetary penalty provided by law and within the jurisdiction of the U.S. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 54 50 CFR Ch. I (10–1–23 Edition) Pt. 12 Fish and Wildlife Service. Each annual adjustment will be reflected in the table in § 11.33. PART 12—SEIZURE AND FORFEITURE PROCEDURES Subpart A—General Provisions Sec. 12.1 What is the purpose of the regulations in this part? 12.2 What is the scope of the regulations in this part? 12.3 What definitions do I need to know? 12.4 When and how must documents be filed or issued? 12.5 How does the Service handle seizures made by other agencies? 12.6 How does the Service release seized property under a bond? Subpart B—Notification Requirements 12.11 How is personal notification of seizure and proposed forfeiture provided? 12.12 How is public notification of seizure and proposed forfeiture provided? 12.13 How is a declaration of forfeiture issued? 12.14 What happens if the required notifica tion of seizure and proposed forfeiture is not provided? Subpart C—Forfeiture Proceedings 12.31 What are the basic types of forfeiture proceedings? 12.32 When may the Service or the Solicitor obtain administrative forfeiture of my property? 12.33 How do I file a petition for remission of forfeiture requesting the release of my property? 12.34 What are the standards for remission of forfeiture? 12.35 How will the Solicitor notify me of the decision on my petition for remission? 12.36 How do I file a claim to get back my seized property? 12.37 Can I get my property back while the claim is pending? 12.38 What happens if my property is sub ject to civil judicial actions to obtain forfeiture? Subpart D—Abandonment Procedures 12.51 May I simply abandon my interest in the property? 12.52 Can I file a petition for remission for my abandoned property? Subpart E—Disposal of Forfeited or Abandoned Property 12.61 What is the purpose of this subpart? 12.62 How does the Service keep track of forfeited or abandoned property? 12.63 When may the Service return live fish, wildlife, or plants to the wild? 12.64 How does forfeiture or abandonment affect the status of the property? 12.65 How does the Service dispose of for feited or abandoned property? 12.66 How does the Service dispose of seized injurious fish or wildlife? 12.67 When may the Service donate forfeited or abandoned property? 12.68 When may the Service loan forfeited or abandoned property? 12.69 When may the Service sell forfeited or abandoned property? 12.70 When may the Service destroy for feited or abandoned property? Subpart F—Recovery of Storage Costs and Return of Property 12.81 When can the Service assess fees for costs incurred by the transfer, boarding, handling, or storage of property seized or forfeited? 12.82 How will my property be returned if my petition or claim is successful? AUTHORITY: 16 U.S.C. 470aa et seq., 470aaa et seq., 668 et seq., 668dd et seq., 703 et seq., 718a et seq., 742j–l, 1361 et seq., 1531 et seq., 2401 et seq., 3371 et seq., 4201 et seq., and 5301 et seq.; 18 U.S.C. 42 and 981 et seq.; 19 U.S.C. 1602–1624; 28 U.S.C. 2465; 42 U.S.C. 1996; and E.O. 13751, 81 FR 88609, amending E.O. 13112, 64 FR 6183. SOURCE: 88 FR 47818, July 25, 2023, unless otherwise noted. Subpart A—General Provisions § 12.1 What is the purpose of the regu lations in this part? These regulations provide procedures that govern the seizure and adminis trative forfeiture or abandonment of property, as well as the disposal of such property, and the recovery of costs associated with handling and storage of seized property under var ious laws enforced by the Service. § 12.2 What is the scope of the regula tions in this part? (a) The regulations in this part apply to all property seized or subject to ad ministrative forfeiture under any of the following laws: (1) The Bald and Golden Eagle Pro tection Act, 16 U.S.C. 668 et seq.; (2) The Airborne Hunting Act, 16 U.S.C. 742j–1; VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00064 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R