§ 12.2 - What is the scope of the regulations in this part?

§ 12.2 Scope of regulations.

Except as hereinafter provided,

What is the scope of the regulations

of

in this part?

(a) The regulations in this part apply to all property seized or subject to administrative forfeiture under any of the following laws:

(

a

1) The Bald and Golden Eagle Protection Act, 16 U.S.C. 668 et seq.;

(

b

2) The

National Wildlife Refuge System Administration

Airborne Hunting Act, 16 U.S.C.

668dd

742j–1;

(3) The Endangered Species Act, 16 U.S.C. 1531 et seq.;

(

c

4) The

Migratory Bird Treaty Act,

Lacey Act, 18 U.S.C. 42;

(5) The Lacey Act Amendments of 1981, 16 U.S.C.

703

3371 et seq.;

(

d

6) The

Migratory Bird Hunting Stamp

Rhinoceros and Tiger Conservation Act, 16 U.S.C.

718

5301 et seq.;

(

e

7) The

Airborne Hunting

Antarctic Conservation Act, 16 U.S.C.

742j–1

2401 et seq.;

(

f

8) The

Black Bass

Paleontological Resources Protection Act, 16 U.S.C.

851

470aaa et seq.; and

(

g

9) The

Marine Mammal Protection

African Elephant Conservation Act, 16 U.S.C.

1361

4201et seq.

;(h) The Endangered Species

(b) These regulations apply to the disposal of any property forfeited or abandoned to the United States under any of the following laws:

(1) Any of the laws identified in paragraph (a) of this section;

(2) The National Wildlife Refuge System Administration Act, 16 U.S.C.

1531

668ddet seq.;

and

(

i

3) The

Lacey

Migratory Bird Treaty Act,

18

16 U.S.C.

43–44

703 et seq. (

j

MBTA)

The Lacey Act Amendments of 1981

;

(4) The Migratory Bird Hunting and Conservation Stamp Act, 16 U.S.C. 718 et seq.;

(5) The Marine Mammal Protection Act of 1972, 16 U.S.C.

3371

1361et seq.

[45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47 FR 56860, Dec. 21, 1982]

;

(6) The Archeological Resources Protection Act, 16 U.S.C. 470aa et seq.; and

(7) The Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001 et seq.

(c) This part applies to all forfeitures administered by the Service with the exception of seizures and forfeitures under the statutes listed under 18 U.S.C. 983(i). The authority under this part to conduct administrative forfeitures derives from the procedural provisions of the Customs and Border Protection laws (19 U.S.C. 1602–1618) where those provisions are incorporated by reference in the substantive forfeiture statutes enforced by the Service.