15 AAC 77.040. Value and notice of value

(a) The value of the fishery resource is the statewide average price paid per pound for unprocessed fishery resources of the same species as reported to the Department of Fish and Game under AS 16.05.690 . The department will, in its discretion, adjust the statewide average prices paid for fishery resources to eliminate high and low prices and to take into account tendering fees, price adjustments, and deferred payments, such as bonuses.

(b) In the absence of a Department of Fish and Game statewide average price for a particular species, the department will, in its discretion use information from other governmental agencies, such as the United States National Marine Fisheries Service, or other sources, such as Department of Revenue fisheries business tax return information, to arrive at a statewide average price for that species. The department statewide average price must be used to file the return and pay the tax required under AS 43.77 and this chapter, but a person may protest the price determined under this subsection at the time of filing the return and seek a refund. The department statewide average price determination may only be overcome by clear and convincing evidence of the full market value of the unprocessed fishery resources, submitted to the department by the person making the protest.

(c) A person required to file a return and pay the tax under AS 43.77 and this chapter shall notify the department in writing by January 31 following the year for which a return tax is required, and request notice of the value for each species of fishery resources landed in the state in the previous calendar year. The notification must be made on a form provided by the department. The department will provide the information by United States mail, telephone, or facsimile transmission to the person requesting it as soon as practicable after the information becomes available. The information is considered to have been provided by the department on the date of the facsimile transmission, of the telephone contact, or on the letter, whichever is the earliest. The department is not required to publish the information described in (a) and (b) of this section.

(d) A person that is not required to file a return and pay the tax under this chapter, such as a tax return preparer, may informally request information at any time concerning the values for fishery resources landed in the state. A person subject to (c) of this section may not rely on another person to timely obtain value information under this section.

(e) For the purposes of this section, "average price" means the mean of two or more prices paid per pound for unprocessed fishery resource. In calculating the average price, the department will, in its discretion, use a simple average or a weighted average based on a volume by price or weight, depending on the availability of data to the department at the time and accuracy of that data. The average price may also be computed to take into account seasonal differences in prices.

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

Authority: AS 43.77.010

AS 43.77.070

AS 43.77.200

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.