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50 CFR § 12.31 - What are the basic types of forfeiture proceedings?

---
identifier: "/us/cfr/t50/s12.31"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 12.31 - What are the basic types of forfeiture proceedings?"
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "12.31"
section_name: "What are the basic types of forfeiture proceedings?"
chapter_name: "UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS"
part_number: "12"
part_name: "SEIZURE AND FORFEITURE PROCEDURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 470aa  470aaa  668  668dd  703  718a  742j-l, 1361  1531  2401  3371  4201  and 5301  18 U.S.C. 42 and 981  19 U.S.C. 1602-1624; 28 U.S.C. 2465; 42 U.S.C. 1996; and E.O. 13751, 81 FR 88609, amending E.O. 13112, 64 FR 6183."
regulatory_source: "88 FR 47818, July 25, 2023, unless otherwise noted."
cfr_part: "12"
---

# 12.31 What are the basic types of forfeiture proceedings?

(a) Property seized for violations of the laws identified in § 12.2 and subject to forfeiture may be forfeited, depending upon the nature of the property and the law involved, through criminal forfeiture proceedings, civil judicial procedures, or civil administrative procedures.

(b) The process used also may be determined in certain circumstances by the actions of an interested party. For example, a person claiming property seized in an administrative civil forfeiture proceeding under a civil forfeiture statute may choose to file a claim after the seizure rather than to pursue administrative relief through a petition for remission of forfeiture.

(c) A claim that is timely and contains the information required by § 12.36 will terminate the administrative proceeding and will cause the Service, through the Solicitor, to refer the claim to the U.S. Department of Justice with the request that a judicial forfeiture action be instituted in Federal court.