§ 12.3 What definitions do I need to know? In addition to the definitions contained in parts 10, 14, 17, and 23 of this chapter, as well as other applicable Federal laws and regulations, in this part: *Abandon* means to relinquish to the United States all legal right you have to own, claim, or possess property and to forever give up any right, title, and interest in the property and waive any further rights or proceedings relative to the property other than whatever rights to seek relief expressly were reserved in the abandonment document you signed.
*Administrative forfeiture* means the process by which property may be forfeited by a seizing agency rather than through a judicial proceeding. Administrative forfeiture has the same meaning as nonjudicial forfeiture, as that term is used in 18 U.S.C. 983.
*Authorized officer* means a person or entity who is acting as an agent, trustee, partner, corporate officer, director, supervisory employee, or any other representative designated to act on behalf of an individual, corporation, partnership, or any other entity asserting that they are an interested party.
*Claim* means a written declaration regarding property for which the Service has proposed forfeiture and that meets the statutory requirements of 18 U.S.C. 983(a)(2), including: ( 1 ) Timely submission;
( 2 ) Containing required information regarding identification of the specific property being claimed;
( 3 ) Stating the claimant's interest in the property;
( 4 ) Requesting the initiation of judicial forfeiture proceedings; and
( 5 ) Made under oath subject to penalty of perjury.
*Contraband* means any fish, wildlife, or plant that either: ( 1 ) Is inherently illegal to import, export, or possess; or
( 2 ) Has been taken, possessed, bred, imported, exported, acquired, transported, purchased, sold, or offered for sale or purchase contrary to law.
*Declaration of forfeiture* means a written declaration by the Service or the Solicitor describing the property forfeited and stating the date, time, place, and reason for forfeiture. The declaration will also describe the date and manner in which notice of seizure and proposed forfeiture was sent to the property owner. If notice was never successfully delivered, the declaration will describe efforts made to deliver any notice of seizure and proposed forfeiture.
*Detention* means the holding for further investigation of fish, wildlife, or plants and any associated property that is neither immediately released nor seized but is temporarily held by Service officers under 50 CFR part 14.
*Directed reexport* means the prompt export at the expense of the importer or consignee of imported shipments that have been refused entry by the Service into the United States.
*Director* means the Director of the U.S. Fish and Wildlife Service, Department of the Interior, or an authorized representative (as defined in 50 CFR 10.12).
*Interested party or parties* means any person(s) who appears to be a person having an interest in property based on the facts known to the seizing agency before a declaration of forfeiture is entered.
*Other property that is illegal to possess* means any fish, wildlife, or plant that may not be legally possessed or held due to extrinsic circumstances.
*Petition for remission* is a request in an administrative forfeiture proceeding for the Solicitor to exercise equitable discretion on behalf of the Department and to release the property seized. Remission of forfeiture is discretionary.
*Property subject to administrative forfeiture* means any property of the kinds described in 19 U.S.C. 1607(a) to the extent not inconsistent with the provisions of the incorporating wildlife laws (identified in § 12.2) pursuant to which forfeiture is sought.
*Property subject to forfeiture* means all property that Federal law authorizes to be forfeited to the United States in any administrative forfeiture proceeding, or in any civil judicial forfeiture, or in any criminal forfeiture proceeding.
*Solicitor* means the Solicitor of the U.S. Department of the Interior or an authorized representative or designee.
*Value* means the value of property as determined by the Service. For property having a legal market in the United States, the Service will use the reasonable declared value or the estimated market value at the time and place of seizure, if such or similar property was freely offered for sale between a willing seller and a willing buyer. For property that may not be sold in the United States, the Service will use other reasonable means, including, but not limited to, the Service's knowledge of sale prices in illegal markets or the replacement cost.
*We* means the U.S. Fish and Wildlife Service.