Alaska Statutes
Alaska Stat. § 16.05.195 (2026)
Forfeiture of equipment
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 16.05.195. Forfeiture of equipment.
(a) Guns, traps, nets, fishing gear, vessels, aircraft, other motor vehicles, sleds, and other paraphernalia or gear used in or in aid of a violation of this title or AS 08.54, or regulation adopted under this title or AS 08.54, 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 title or AS 08.54, or regulation adopted under this title or AS 08.54, may be forfeited to the state
(1) upon conviction of the offender in a criminal proceeding of a violation of this title or AS 08.54 in a court of competent jurisdiction; or
(2) upon judgment of a court of competent jurisdiction in a proceeding in rem that an item specified above was used in or in aid of a violation of this title or AS 08.54 or a regulation adopted under this title or AS 08.54.
(b) Items specified in (a) of this section may be forfeited under this section regardless of whether they were seized before instituting the forfeiture action.
(c) An action for forfeiture under this section may be joined with an alternative action for damages brought by the state to recover damages for the value of fish and game or parts of them or nests or eggs of birds taken, transported, or possessed contrary to the provisions of this title or a regulation adopted under it.
(d) It is no defense that the person who had the item specified in (a) of this section in possession at the time of its use and seizure has not been convicted or acquitted in a criminal proceeding resulting from or arising out of its use.
(e) Forfeiture may not be made of an item subsequently sold to an innocent purchaser in good faith. The burden of proof as to whether the purchaser purchased the item innocently and in good faith shall be on the purchaser.
(f) An item forfeited under this section shall be disposed of at the discretion of the department. Before the department disposes of an aircraft it shall consider transfer of ownership of the aircraft to the Alaska Wing, Civil Air Patrol.
(a) Guns, traps, nets, fishing gear, vessels, aircraft, other motor vehicles, sleds, and other paraphernalia or gear used in or in aid of a violation of this title or AS 08.54, or regulation adopted under this title or AS 08.54, 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 title or AS 08.54, or regulation adopted under this title or AS 08.54, may be forfeited to the state
(1) upon conviction of the offender in a criminal proceeding of a violation of this title or AS 08.54 in a court of competent jurisdiction; or
(2) upon judgment of a court of competent jurisdiction in a proceeding in rem that an item specified above was used in or in aid of a violation of this title or AS 08.54 or a regulation adopted under this title or AS 08.54.
(b) Items specified in (a) of this section may be forfeited under this section regardless of whether they were seized before instituting the forfeiture action.
(c) An action for forfeiture under this section may be joined with an alternative action for damages brought by the state to recover damages for the value of fish and game or parts of them or nests or eggs of birds taken, transported, or possessed contrary to the provisions of this title or a regulation adopted under it.
(d) It is no defense that the person who had the item specified in (a) of this section in possession at the time of its use and seizure has not been convicted or acquitted in a criminal proceeding resulting from or arising out of its use.
(e) Forfeiture may not be made of an item subsequently sold to an innocent purchaser in good faith. The burden of proof as to whether the purchaser purchased the item innocently and in good faith shall be on the purchaser.
(f) An item forfeited under this section shall be disposed of at the discretion of the department. Before the department disposes of an aircraft it shall consider transfer of ownership of the aircraft to the Alaska Wing, Civil Air Patrol.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1976–2022 · leading case: State v. Rice, 626 P.2d 104 (Alaska 1981).
State v. Rice, 626 P.2d 104 (Alaska 1981). “Pursuant to AS 16.05.195, [4] the state, on October 16, 1977, also filed a civil action in *107 the superior court for damages against Rice and Reidt (one of the co-defendants) and for forfeiture of the airplane.”
Waiste v. State, 10 P.3d 1141 (Alaska 2000). “190; the legislature did not enact AS 16.05.195 until 1974. 39 Subsection (a) of AS 16.”
F/v Am. Eagle v. State, 620 P.2d 657 (Alaska 1980). “The owners of the vessel complain, on the other hand, that even forfeiture of the bond was an abuse of the trial court's discretion under AS 16.05.195 to order forfeiture of all, part, or none of the res.”
Constantine v. State, 739 P.2d 188 (Alaska Ct. App. 1987). “720(a) and (c) and AS 16.05.195. [2] These penalties involve fines of *190 up to $5,000 and the forfeiture of fish and gear.”
State v. F/v Baranof, 677 P.2d 1245 (Alaska 1984). “The State alleged that the Baranof exceeded its authorized catch limit under Alaska law, and was hence subject to forfeiture under AS 16.05.195. The trial court, Judge Moore presiding, dismissed the State’s suit, ruling that the Magnuson Fishery Conservation and Management Act…”
State v. Dutch Harbor Seafoods, Ltd., 965 P.2d 738 (Alaska 1998). “690, or a regulation of the Board of Fisheries or the department governing commercial fishing, is guilty of a misdemeanor and in addition to punishment under other provisions in this title, including AS 16.05.195 and 16.05.710, is punishable upon conviction by a fine of not more…”
Reynolds v. State, 655 P.2d 1313 (Alaska Ct. App. 1982). “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 unknowingly.”
Graybill v. State, 545 P.2d 629 (Alaska 1976). “Since Graybill’s conviction, the legislature has clarified the statute with the enactment of the present AS 16.05.195(a), which explicitly provides for forfeiture alternatively through civil or criminal proceedings.”
Roberts v. State, 394 P.3d 639 (Alaska Ct. App. 2017). “135(a) (setting forth the penalty for class A misdemeanors); and AS 16.05.195 (authorizing forfeiture of airplanes used in hunting offenses).”
McNabb v. State, 860 P.2d 1294 (Alaska Ct. App. 1993). “The state has not argued that the court might have authority under AS 16.05.195 to order damages for the value of fish taken illegally.”
Romero v. State, 792 P.2d 679 (Alaska Ct. App. 1990). “In addition to punishment for a felony, all guns, fishing tackle, boats, aircraft, automobiles or other vehicles, camping gear and other equipment and paraphernalia used in, or in aid of, guiding activity engaged in during the period of suspension or revocation may be seized by…”
Ostrosky v. State, 725 P.2d 1087 (Alaska Ct. App. 1986). “See AS 16.05.195. The sentence was stayed pending appeal.”
Alaska Stat. § 16.05.195(a): 2 cases
Graybill v. State, 545 P.2d 629 (Alaska 1976). “Since Graybill’s conviction, the legislature has clarified the statute with the enactment of the present AS 16.05.195(a), which explicitly provides for forfeiture alternatively through civil or criminal proceedings.”
State of Alaska v. Kenneth John Jouppi, 519 P.3d 653 (Alaska Ct. App. 2022).
Alaska Stat. § 16.05.195(d): 1 case
Waiste v. State, 10 P.3d 1141 (Alaska 2000). “190; the legislature did not enact AS 16.05.195 until 1974. 39 Subsection (a) of AS 16.”
Alaska Stat. § 16.05.195(e): 2 cases
State v. Rice, 626 P.2d 104 (Alaska 1981). “Pursuant to AS 16.05.195, [4] the state, on October 16, 1977, also filed a civil action in *107 the superior court for damages against Rice and Reidt (one of the co-defendants) and for forfeiture of the airplane.”
Waiste v. State, 10 P.3d 1141 (Alaska 2000). “190; the legislature did not enact AS 16.05.195 until 1974. 39 Subsection (a) of AS 16.”
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