U.S. Fish & Wildlife Service (FWS) Seizure for Forfeiture
What happens when the U.S. Department of the Interior’s Fish and Wildlife Service (FWS) seizes your property for forfeiture? FWS seizes a hunting trophy, imported artwork, jewelry, coral specimens, reptile products, antiques, or other wildlife-related items, for either a federal administrative or judicial forfeiture process under updated regulations (50 CFR Part 12, effective August 24, 2023).
FWS seizures for forfeiture often stem from alleged violations of laws like the Endangered Species Act (ESA), Lacey Act, CITES (Convention on International Trade in Endangered Species), or other wildlife protection statutes enforced by the FWS Office of Law Enforcement.Common triggers include:
- Missing, incomplete, or incorrect permits/documentation
- Technical paperwork errors on imports/exports
- Alleged possession or transport of protected species (e.g., ivory, rhino horn, big cat products, corals, ginseng, or exotic leather goods)
- Interstate or international movement that violates strict permitting rules
The FWS process is administrative (agency-led, often without immediate court involvement), with strict deadlines: personal notice usually within 60 days of seizure, public notice on the FWS forfeiture website, and tight timelines (e.g., 35 days to file a claim after notice). You have two main paths to fight back:
- Petition for remission — A discretionary, equitable request to the Department of the Interior Solicitor for return based on good faith, mitigating factors, or minimal conservation impact.
- Claim for judicial forfeiture — Filing a verified claim forces referral to the Department of Justice for a full court proceeding, where the government must prove its case by a preponderance of evidence (stronger protections under CAFRA, the Civil Asset Forfeiture Reform Act of 2000).
The administrative and judicial paths are alternative, not sequential. Choosing one typically waives the other. The FWS emphasizes strict enforcement (especially for CITES and permitting integrity), and “contraband” or “property illegal to possess” often excludes innocent owner defenses. Remission is discretionary, and retrospective permits are generally disfavored.
Asset Forfeiture Attorney after a FWS Seizure
The updated rules (post-2023 final rule) make the process more uniform and CAFRA-compliant, but they also clarify that the Solicitor first reviews seizure validity before equitable remission factors. Deadlines are unforgiving, and many owners lose property due to procedural missteps.
As experienced federal forfeiture attorneys focused on FWS wildlife seizures, we help clients by:
- Reviewing the Notice of Seizure and Proposed Forfeiture;
- Evaluating whether to pursue remission or a judicial claim;
- Gathering evidence of good-faith compliance, harmless error, or invalid seizure;
- Challenging overbroad “contraband” classifications (e.g., in non-commercial cases with paperwork issues);
- Negotiating potential release, directed reexport, or bond for interim possession; and
- Protecting against excessive forfeiture and pursue CAFRA remedies if applicable
Many seizures involve honest mistakes—such as permit errors on legally acquired hunting trophies or family heirlooms—rather than intentional trafficking. With the right strategy, property can often be recovered, especially before final declaration of forfeiture. Don’t let time run out.
The FWS must act within strict timelines, but so must you. Contact me today for a confidential consultation to review your seizure notice and explore your strongest defense options. I fight to get your property back and protect your rights under federal law.Call [Your Phone Number] or visit [Your Website] to schedule a free initial review.
Results depend on case facts; past performance is no guarantee of future results.
This article was last updated on Friday, January 9, 2025.