Fish & Wildlife Changes Seizure Policy

October 2, 2014

On September 23, 2014, the U.S. Fish and Wildlife Service (“FWS”) published a notification stating that it would be revising the language found in its Notices of Seizure and Proposed Forfeiture letters to address court decisions interpreting the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”). CAFRA provides alternative remedies to resolve seizure issues. An importer may choose to either resolve a seizure administratively by filing petitions, or it may request the Government to initiate judicial forfeiture proceedings. Courts around the United States have stated that the remedies are alternatives and are not to be applied sequentially. Consequently, if an importer decides to resolve the seizure by filing administrative petitions and those petitions are denied, they do not also have the opportunity to request the Government to initiate judicial forfeiture actions.

However, the current FWS seizure notification letters advise importers that if they choose to submit a petition for remission of the merchandise, then that submission constitutes a voluntary agreement that all forfeiture time periods will be suspended pending the outcome of the petition for remission. The notice further states and that in the event such petition is denied, administrative forfeiture proceedings will recommence as if the petition had not been filed and importers will be informed of the balance of time to file for judicial forfeiture. This language is clearly contrary to the interpretation of CAFRA. Consequently, FWS is revising the language advising that if importers choose to resolve a seizure administratively by filing a petition, they will not have an opportunity to request judicial forfeiture should their administrative petitions be denied. The new language will take effect October 7, 2014. For more information click here.