15 AAC 77.045. Weights and recovery rates

(a) For purposes of the tax under AS 43.77 and this chapter, the unprocessed weight of the fishery resource is determined by actual scale weight, or in the absence of an actual scale weight by volumetric measurement or by a product recovery rate as imposed or required by the United States National Marine Fisheries Service to determine the extent of resources taken by a person in a fishery.

(b) Except as provided in (a) of this section, for purposes of determining the tax on a fishery resource which was processed before landing in the state and that is subject to tax under AS 43.77 and this chapter, the processed weight of the fishery resource at the time it becomes subject to tax must be converted to an unprocessed weight. Secondary fishery resource products must be included in the conversion to an unprocessed weight. In making the conversion, the person may use the person's actual recovery rate experience, if the rates are reliable and verifiable, or a reliable and verifiable industry average recovery rate if the person's processing activities are consistent with the activities underlying the industry average recovery rate. The department will, in its discretion, audit and adjust the recovery rate under this subsection.

(c) For each species, a person shall disclose with the return the nature of the recovery rate used and the percentage of recovery. The person shall maintain records necessary to support the rate utilized.

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

Authority: AS 43.77.010

AS 43.77.070

AS 43.77.200

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