Alaska Statutes
Alaska Stat. § 16.05.259 (2026)
No subsistence defense
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 16.05.259. No subsistence defense.
In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.
In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.
Notes of Decisions
Cited in 3
cases, 1989–2010 · leading case: Totemoff v. State, 905 P.2d 954 (Alaska 1995).
Totemoff v. State, 905 P.2d 954 (Alaska 1995). “In addition, the State argues that AS 16.05.259, a statute entitled “No Subsistence Defense,” prevents Totem-off from challenging the regulation.”
Bobby v. State of Alaska, 718 F. Supp. 764 (D. Alaska 1989). “Plaintiffs’ motion for partial summary judgment, which puts before the court a second collateral issue concerning the interpretation and application of AS 16.05.259, which statute purports to prohibit persons such as plaintiffs from asserting subsistence priority rights as a…”
Charles v. State, 232 P.3d 739 (Alaska Ct. App. 2010). “See also AS 16.05.259, which states: "In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.”
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