Sec. 43.75.290. Definitions.

523 words·~2 min read·/ak/title-43/chapter-75/43-75-290·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this chapter,

(1)“developing commercial fish species” means those species of fish and shellfish annually designated by the commissioner of fish and game under AS 16.05.050 (a)(10);

(2)“fisheries business” means a person who engages in processing fisheries resources for sale by freezing, cooking, salting, or other method and includes but is not limited to canneries, cold storages, freezer ships, and processing plants;

(3)“fishery resource” means finfish, shellfish, and fish by-products, including but not limited to salmon, halibut, herring, flounder, crab, clam, cod, shrimp, and pollock;

(4)“floating fisheries business” means a fisheries business which is not a shore-based fisheries business; the term includes, but is not limited to, a shore-based fisheries business as defined in (5)(B) of this section when it is removed from the state;

(5)“shore-based fisheries business” means a fisheries business

(A)operated from a facility which is permanently attached to the land; or

(B)operated from a facility which remains in the same location in the state for the entire tax year;

(6)“taking” means pursuing, fishing, capturing, or harvesting a fisheries resource in any manner;

(7)“value” means

(A)the market value of the fishery resource as determined by the prevailing price paid to fishermen for the unprocessed fishery resource of the same kind and quality by fisheries businesses in the same region or market area where the fishery resource was taken if

(i)the taking of the fishery resource is done in a boat owned or leased by a person who holds a direct marketing fisheries business license under AS 43.75.020 (c); and

(ii)the fishery resource was sold to a buyer other than a fishery business licensed under AS 43.75.020 (a);

(B)for fisheries resources other than those described in

(A)of this paragraph, the market value of the fishery resource if the taking of the fishery resource is done in company-owned or company-subsidized boats operated by employees of the company or in boats that are operated under lease to or from the company or other arrangement with the company and if the fishery resource is delivered to the company; in this subparagraph, “company” means a fisheries business, a subsidiary of a fisheries business, or a subsidiary of a parent company of a fisheries business; “company” does not include a direct marketing fisheries business licensed under AS 43.75.020 (c); or

(C)for fishery resources other than those described in

(A)or

(B)of this paragraph, the actual price paid for the fishery resource by the fisheries business to the fisherman, including indirect consideration and bonus amounts paid for fuel, supplies, gear, ice, handling, tender fees, or delivery, whether paid at the time of purchase of the fishery resource or tendered as a deferred or delayed payment; in this subparagraph, “delivery” means

(i)transportation of the fishery resource from the boat or vessel on which the product was taken to a tender; or

(ii)if delivery was not to a tender, transportation of the fishery resource from the boat or vessel on which the product was taken to a shore-based facility in which delivery of the fishery resource is normally accepted.