Public Notification

January 09, 2024
NOTICE OF SEIZURE AND PROPOSED FORFEITURE

The United States Department of the Interior, U.S. Fish and Wildlife Service, Office of Law Enforcement is commencing a forfeiture proceeding against the following wildlife or wildlife products (“property”), which were seized in Portland,OR on the dates indicated below. The property was imported in violation of the following laws and/or regulations of the United States:

16 USC 1538(e);Import/Export without Necessary Declarations or Reports (Failure to Declare or Submit Reports) 50 CFR 14.61: Failure to file wildlife import declaration as required 16 USC 1538(c)(1);It is unlawful for any person subject to the jurisdiction of the United States to engage in any trade in any specimens contrary to the provisions of the Convention, or to possess any specimens traded contrary to the provisions of the Convention, including the definitions of terms in article I thereof. 50 CFR 23.13 (a): Import, export, re-export or trade in any Appendix I, II, III species in violation of Part 23.

FILE NO. DATE OF SEIZURE PROPERTY ID OR SEIZURE TAG NO. VALUE PROPERTY DESCRIPTION
2023104804 November 10, 2023 582589 $0.0 One (1) Gold-Lip Oyster (Pinctada maxima) (Shell product (mollusc or turtle))
2023104804 November 10, 2023 582589 $180.0 One (1) Pernambuco (Paubrasilia echinata) (Wood product (including furniture, rainsticks))
2023104804 November 10, 2023 582589 $0.0 One (1) Gold-Lip Oyster (Pinctada maxima) (Shell product (mollusc or turtle))
2023104804 November 10, 2023 582589 $180.0 One (1) Pernambuco (Paubrasilia echinata) (Wood product (including furniture, rainsticks))
2023104804 November 10, 2023 582589 $0.0 One (1) Gold-Lip Oyster (Pinctada maxima) (Shell product (mollusc or turtle))
2023104804 November 10, 2023 582589 $180.0 One (1) Pernambuco (Paubrasilia echinata) (Wood product (including furniture, rainsticks))

This property may be subject to forfeiture to the United States under Title 16, United States Code, Sec. 470aaa-7; Title 16, United States Code, Sec. 668b; Title 16, United States Code, Sec. 742j-1; Title 16, United States Code, Sec. 1377; Title 16, United States Code, Sec. 1540(e); Title 16, United States Code, Sec. 2409; Title 16, United States Code, Sec. 3374; Title 16, United States Code, Sec. 4224; Title 16, United States Code, Sec. 4912; Title 16, United States Code, Sec. 5305a; Title 18, United States Code, Sec. 42; and/or Title 50, Code of Federal Regulations, Part 12. Other provisions of law regarding forfeitures that may apply include the Supplemental Rules of the Federal Rules of Admiralty; Title 19, United States Code, Sec. 1607; Title 19, Code of Federal Regulations, Part 162; and Title 18, United States Code, Sec. 983.

This notice’s purpose is to advise persons with an ownership or financial interest in the property of their legal options concerning this seizure and proposed forfeiture. If you do not have an ownership or financial interest in the property, you do not need to take any action. First, if you seek return of the property, you may file a claim OR a petition for remission, as explained below. Alternatively, you may abandon the property by contacting the U.S. Fish and Wildlife Service, Office of Law Enforcement, at the below address or phone to obtain an abandonment form then complete and return to the form to that address; or complete and return an equivalent form; or submit a letter with substantially the same information (per 50 C.F.R. 12.51). Lastly, you can choose to do nothing, and we will forfeit the property and dispose of it in accordance with the law after the deadline passes. If you choose abandonment or no action, this property will not be returned to you.

Any person with an ownership or financial interest in the property who desires to contest the forfeiture must file a claim with the U.S. Fish and Wildlife Service Office of Law Enforcement 7000 NE Airport Way/rm C1013 Portland, OR 97238. Your claim must be received by the above office by 02/09/2024 , unless you receive a personal notice letter, in which case the deadline in that notice letter applies. Your claim will be transmitted to the U.S. Attorney in the district where the property was seized for institution of a forfeiture action in U.S. District Court. If a proper claim is not received by the above office by the applicable deadline, the property will be declared forfeited to the United States and disposed of according to law. To file a claim, contact the above office at 503-231-6135 to obtain a claim form, complete the form, and file it by the deadline. Alternatively, you may file a claim in writing that meets the requirements of 50 C.F.R. 12.36, which, among other things, must describe the property, state your ownership or financial interest in the property, and meet the signature and oath requirements. If you file a claim and not having your property presents a hardship, you may request that we release it to you during forfeiture proceedings if you can meet specific conditions in 18 U.S.C. 983(f). Contact the above office for more information about hardship release once you have filed a claim. If you file a claim and, at the end of the district court proceedings your claim is upheld, your property may be returned to you.

A person with an interest in the property who does not wish to contest the forfeiture but does seek its return may instead file with the above office a petition for remission of forfeiture in accordance with Title 50, Code of Federal Regulations, part 12. You may not file both a claim and a petition for remission; you must choose one. The petition must be received in the above office by 02/09/2024 , unless you receive a personal notice, in which case the deadline in that notice applies. Your petition does not have to be in any specific form, but it must comply with the standards at 50 C.F.R. 12.33. Among other things, it must explain your interest in the property and lay out facts and circumstances that you believe justify return of the property. All petitions must comply with the signature requirements at 50 C.F.R. 12.33. If your petition is granted, the property may be returned to you.

Please note that 50 C.F.R. 12 and 18 U.S.C. 983 contain requirements and procedures applicable to the forfeiture process, and you are strongly encouraged to review them before filing a claim or petition. If you file either a claim or a petition for remission, storage costs may be assessed while the matter is pending.