15 AAC 77.030. Liability for tax

(a) The person owning the fishery resource at the moment it is first landed in this state shall file the return and pay the tax imposed by AS 43.77.010 .

(b) The person owning the fishery resource is the person with the legal title and the risk of loss at the moment the act of landing begins in this state. For purposes of this section, and notwithstanding any contract provision to the contrary, legal title and the risk of loss is in the person in possession of the fishery resource who harvested or processed the resource, or a related person or agent in possession that received the fishery resource from the person who harvested or processed the resource. The person described in this subsection retains legal title and risks of loss until the fishery resource is delivered and actual physical possession is transferred to a third-party buyer unrelated to that person.

(c) The tax imposed under AS 43.77.010 does not apply to a fishery resource that becomes subject to tax under AS 43.75. The provisions of AS 43.75 control and take precedence if a fishery resource, or the value of the fishery resource, are subject to both AS 43.75 and AS 43.77.

(d) The tax imposed under AS 43.77.010 does not apply to the landing of a secondary fishery resource product if the secondary product is included in the round weight of the primary product and the primary product is subject to the tax under AS 43.77 and this chapter.

(e) The tax imposed under AS 43.77.010 does not apply if the fishery resource is first landed in the territorial jurisdiction of another state or foreign country, as recognized by the United States. A first landing outside the jurisdiction of a state or foreign country, such as in United States jurisdictional waters, is not a first landing for purposes of AS 43.77.010 and does not preclude the tax under this chapter.

(f) The tax imposed under AS 43.77.010 applies to a fishery resource that is first landed in this state without regard to the final destination of a fishery resource.

History: Eff. 4/20/94, Register 130

Authority: AS 43.77.010

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