Alaska § 29.60.450 - Fisheries business tax allocation.

§ 29.60.450. Fisheries business tax allocation.

 (a) A municipality may receive a fisheries business tax allocation under this section if the municipality demonstrates to the department that the municipality suffered significant effects from fisheries business activities during the base year.

 (b) The amount transmitted each fiscal year        (1) under AS 43.75.137 shall be apportioned by the department to each management area based on the ratio of the management area's production value to the total production value for all of the management areas; the department shall allocate the amount available for each management area to each municipality in that management area based on the demonstrated effects on the municipality of fisheries business activities, the commercial fishing vessel days in that municipality, or both;

 (2) under AS 43.77.060 (d) shall be apportioned by the department to each management area based on the ratio of the management area's fishery resource landing tax production value to the total fishery resource landing tax production value for all of the management areas; the department shall allocate the amount available for each management area to each municipality in that management area based on the demonstrated effects on the municipality of fisheries activities that are subject to the tax levied under AS 43.77 .

 (c) A municipality that receives a tax allocation under this section shall use the tax allocation to help reduce the effect of fisheries business activities on the municipality, which may include the expenses of any municipal service.

 (d) At the request of the department, an applicant or a recipient of a tax allocation shall provide the department with the assistance and information available to the municipality that is necessary for the department to carry out the department's duties under this section relating to that municipality.

 (e) The department may adopt regulations necessary to carry out the provisions of this section.

 (f) In this section,        (1) “base year” means the calendar year that precedes the application deadline for the tax allocation year;

 (2) “commercial fishing vessel day” means a day for which a fishing vessel licensed under AS 16.05.490 pays the municipality a moorage, harbor, or docking fee;

 (3) “effect” means the result of fisheries business activities on the municipality's             (A) population;

 (B) employment;

 (C) finances;

 (D) air and water quality;

 (E) fish and wildlife habitats; and

 (F) ability to provide essential public services, including health care, public safety, education, transportation, marine garbage collection and disposal, solid waste disposal, utilities, and government administration;

 (4) “fisheries business activity” means activity related to             (A) fishing, including the catching and sale of fisheries resources;

 (B) vessel moorage and vessel and gear maintenance;

 (C) preparing fisheries resources for transportation; and

 (D) processing fisheries resources for sale by freezing, icing, cooking, salting, or other method and includes canneries, cold storages, freezer ships, and processing plants;

 (5) “fishery resource landing tax production value” has the meaning given the term “value” by AS 43.77.200 ;

 (6) “management area” means one of the geographical units designated by the Board of Fisheries by regulation adopted under AS 16.05.251 (a)(2) for the management of commercial fisheries of the state;

 (7) “production value” means the weight of the fish and shellfish produced by fisheries businesses as that term is defined by AS 43.75.290 .

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