FWS Amends Regulations on Seizure and Forfeiture Procedures
The Fish and Wildlife Service is amending its regulations on its procedures for seizures and forfeitures to make them "easier to understand using simpler language" and more clearly explain "the procedures used in administrative forfeiture proceedings," the agency said. The final rule, issued July 25, largely adopts changes proposed in 2016 (see 1606160030), with minor changes. Among other things, the changes make the seizure and forfeiture process "more efficient" and "more uniform with those of other agencies," the FWS said. The final rule takes effect Aug. 24.
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One revision changes the definition of "contraband" to prevent an "innocent owner defense" for anything considered contraband. The final rule also includes mitigating factors to be considered as part of forfeiture remissions, including good-faith intent, an inability to prevent a violation, no evidence of past similar misconduct, meaningful steps to prevent the violation and the return of the property.