Section 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.

Authorities

8.54.720;16.05.723;18.60.148

Notes

References

AS 8.54.720 .720">Sec. 08.54.720. Unlawful acts.
AS 16.05.723 Misdemeanor commercial fishing penalties.
AS 18.60.148 Transfer of forfeited aircraft to civil air patrol.

History

(Sec. 3 ch 124 SLA 1974; am Sec. 1 ch 18 SLA 1983; am Sec. 5 ch 33 SLA 1996)