Alaska Statutes
Alaska Stat. § 16.05.190 (2026)
Seizure and disposition of equipment
✓ current as of July 2026
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Sec. 16.05.190. Seizure and disposition of equipment.
Guns, traps, nets, fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other paraphernalia used in or in aid of a violation of this chapter or a regulation of the department may be seized under a valid search, and all fish and game, or parts of fish and game, or nests or eggs of birds, taken, transported, or possessed contrary to the provisions of this chapter or a regulation of the department shall be seized by any peace officer designated in AS 16.05.150. Upon conviction of the offender or upon judgment of the court having jurisdiction that the item was taken, transported, or possessed in violation of this chapter or a regulation of the department, all fish and game, or parts of them are forfeited to the state and shall be disposed of as directed by the court. If sold, the proceeds of the sale shall be transmitted to the proper state officer for deposit in the general fund. Guns, traps, nets, fishing tackle, boats, aircraft, or other vehicles, sleds, and other paraphernalia seized under the provisions of this chapter or a regulation of the department, unless forfeited by order of the court, shall be returned, after completion of the case and payment of the fine, if any.
Guns, traps, nets, fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other paraphernalia used in or in aid of a violation of this chapter or a regulation of the department may be seized under a valid search, and all fish and game, or parts of fish and game, or nests or eggs of birds, taken, transported, or possessed contrary to the provisions of this chapter or a regulation of the department shall be seized by any peace officer designated in AS 16.05.150. Upon conviction of the offender or upon judgment of the court having jurisdiction that the item was taken, transported, or possessed in violation of this chapter or a regulation of the department, all fish and game, or parts of them are forfeited to the state and shall be disposed of as directed by the court. If sold, the proceeds of the sale shall be transmitted to the proper state officer for deposit in the general fund. Guns, traps, nets, fishing tackle, boats, aircraft, or other vehicles, sleds, and other paraphernalia seized under the provisions of this chapter or a regulation of the department, unless forfeited by order of the court, shall be returned, after completion of the case and payment of the fine, if any.
Notes of Decisions
Cited in 11
cases, 1975–2007 · leading case: F/v Am. Eagle v. State, 620 P.2d 657 (Alaska 1980).
F/v Am. Eagle v. State, 620 P.2d 657 (Alaska 1980). “NOTES [1] AS 16.05.190 provides: Seizure without warrant and confiscation by court.”
Waiste v. State, 10 P.3d 1141 (Alaska 2000). “Rubino's criminal forfeiture was under AS 16.05.190; the legislature did not enact AS 16.”
State v. Rice, 626 P.2d 104 (Alaska 1981). “The bill provided for a new statute which would have read, in part: (d) If an item specified in AS 16.05.190(a) is forfeited, a claimant who holds an interest in the item and has filed a timely claim, may petition the court in which the action is pending for remittance of his…”
Graybill v. State, 545 P.2d 629 (Alaska 1976). “Graybill's appeal rests upon his reading of the forfeiture section of AS 16.05.190, which in relevant part states: “[A]ircraft .”
Constantine v. State, 739 P.2d 188 (Alaska Ct. App. 1987). “We also believe that it is clear that the legislature intended to authorize the court to order the forfeiture of any fish or game obtained in violation of a regulation. We see no reason to allow a defendant, even if he or she acted without fault, to have a valid claim to fish or…”
Allen v. Mun. of Anchorage, 168 P.3d 890 (Alaska Ct. App. 2007). “The trial court determined that the forfeiture of the airplane was necessary for the purpose of deterring the Jordans and others similarly situated from committing same day airborne violations. We agree. Since the airplane was an instrumentality by which Jordan committed the…”
Reynolds v. State, 655 P.2d 1313 (Alaska Ct. App. 1982). “His nets and the six fish found in them at the time of the offense were forfeited, pursuant to AS 16.05.190 and AS 16.05.195. The trial judge remarked at this time: Now you’ve gotten a better deal than anyone else has from this court because I believe that you did it completely…”
Jordan v. State, 681 P.2d 346 (Alaska Ct. App. 1984). “See AS 16.05.190. The penalty imposed was not clearly mistaken.”
Wamser v. State, 600 P.2d 1359 (Alaska 1979). “180 permits warrantless searches of property in certain fish and game cases but imposes the requirement of notice to the person in control of the property before the search can be conducted.”
Com. Fisheries Entry Comm'n v. Baxter, 806 P.2d 1373 (Alaska 1991). “Coast Guard registration of the skiff showing an expira *1375 tion date prior to the dates he claimed to have used the skiff in the fishery; and Alaska state records showing that, despite the statutory requirement to the contrary and the possible stiff penalties for violation of…”
Wacek v. State, 530 P.2d 751 (Alaska 1975). “ormation supplied to hunters when licenses are issued; that the appellant was tried and convicted for a violation of a public safety statute, not a Fish and Game statute; that Denali State Park was open to bow and arrow hunting; that all acts of the appellant other than…”
— Alaska Stat. § 16.05.190(a) — 1 case
State v. Rice, 626 P.2d 104 (Alaska 1981). “The bill provided for a new statute which would have read, in part: (d) If an item specified in AS 16.05.190(a) is forfeited, a claimant who holds an interest in the item and has filed a timely claim, may petition the court in which the action is pending for remittance of his…”
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