7 CFR 356.1 - Property subject to forfeiture procedures.
This part sets forth procedures relating to the forfeiture of any plant, equipment, means of conveyance or other property 1 seized under the Endangered Species Act of 1973, as amended, ( 16 U.S.C. 1531et seq.) or the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371et seq.), 2 in possession (actual or constructive) of the United States Department of Agriculture, and subject to forfeiture under these Acts because of activities pertaining to the importation, exportation, or reexportation of terrestrial plants.
1 Under section 11(e)(4) of the Endangered Species Act (“Act”; 16 U.S.C. 1540(e)(4)) any such equipment and means of conveyance would be subject to forfeiture upon conviction of a criminal violation pursuant to section 11(b)(1) of the Act ( 16 U.S.C. 1540(b)(1)); however, such a plant may be subject to forfeiture regardless of whether a criminal conviction is obtained.
2 Under section 5(a)(2) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3374(a)(2)) USDA has authority to initiate forfeiture proceedings against all vessels, vehicles, aircraft, and other equipment used to aid in the importation or exportation of plants in a criminal violation of the Lacey Act Amendments of 1981 for which a felony conviction has been obtained if (a) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act a consenting part or privy thereto or in the exercise of due care should have known that such vessel, vehicle, aircraft, or equipment would be used in a criminal violation of the Lacey Act Amendments of 1981, and (b) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase plants. However, under section 5(a)(1) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3474(a)(1) plants seized for violations of the Amendments are subject to forfeiture regardless of whether a civil penalty assessment or criminal conviction is obtained.
Title 7 published on 10-May-2017 03:42
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 356 after this date.
- 7 CFR 356.7 — Petition for Remission or Mitigation of Forfeiture.
- 7 CFR 356.3 — Property Valued at Greater Than $10,000; Notice of Seizure and Civil Action to Obtain Forfeiture.
- 7 CFR 356.2 — Appraisement.
- 7 CFR 356.6 — Storage of Property.
- 7 CFR 356.5 — Bonded Release.
- 7 CFR 356.4 — Property Valued at $10,000 or Less; Notice of Seizure Administrative Action to Obtain Forfeiture.