F/V American Eagle v. State Alaska

RABINOWITZ, Chief Justice. OPINION. This case involves an in rem civil forfeiture proceeding brought for alleged violations of Alaskas laws regulating this states important king crab fishery. On January 15, 1976, the fishing vessel American Eagle was seized by state officials while it was unloading crab in Pelican, Alaska. The seizure was pursuant to AS 16.05.190 - .195, for violating various regulations prohibiting the taking and possession, during closed season, of king crab from the Egg Island district of king crab statistical area "O" in the Aleutian Islands. The vessels on-board gear and proceeds equal to $100,677.50 from the sale of crab were also seized. The state subsequently filed a complaint for forfeiture which in its final amended form alleged the following specific violations: taking or possessing king crab out of season as defined by 5 AAC 34.610 and Westward Region Emergency Shellfish Orders No. 20 and 23, and prohibited by 5 AAC 34.098, 5 AAC 34.090(a) and AS 16.10.200 on or about January 7, 1976, and taking or possessing king crab out of season in violation of 5 AAC 34.090(c), and AS 16.10.210. The vessel was later released for local fishing pursuant to a stipulated order of the parties dated February 10, 1976, in exchange for the posting of a bond by the owners in the amount of $350,000. Trial in this matter was held in the superior court at Kodiak. The courts final order directed forfeiture of the crab sale proceeds and the bond posted for the release of the vessel.