Section 43.75.020. Application for license.

   (a) Application for a license shall be filed with the department and accompanied by an annual fee of $25. A separate annual fee is required for each plant specified in the application covered by the license. The application must contain the name of the applicant, the line of business to be licensed, place of business, and other facts that the department prescribes. The applicant shall state that the applicant, as a condition of obtaining and maintaining the license, agrees to pay
        (1) the taxes levied under this title, and that the applicant will make a return and pay the taxes at the time provided by law;
        (2) any seafood marketing assessment levied under AS 16.51;
        (3) contributions imposed under AS 23.20 (Alaska Employment Security Act);
        (4) any administrative penalties assessed under AS 18.60.093 for a violation of a provision of AS 18.60.010 - 18.60.105;
        (5) any applicable fishery sales, use, or severance taxes imposed by a municipality in the state; and
        (6) any industry fee levied under a fishing capacity reduction program authorized under 16 U.S.C. 1861a (Magnuson-Stevens Fishery Conservation and Management Act).
   (b) Upon receipt of an application in proper form under (a) or (c) of this section, accompanied by the annual fee, the department shall issue the license if the
        (1) applicant has paid in full, including interest and penalties, the following:
             (A) taxes levied under this title; and
             (B) any assessments under AS 16.51;
        (2) department has not received notification from the Department of Labor and Workforce Development that the applicant has failed to pay in full
             (A) an assessment of delinquent contributions that is final under AS 23.20.205(c) or 23.20.220(c); or
             (B) an administrative penalty that is final under AS 18.60.093 or 18.60.097; and
        (3) department has not received a copy of
             (A) a final judgment obtained against the applicant for unpaid fishery sales, use, or severance taxes imposed by a municipality in the state;
             (B) a final administrative determination against the applicant from a municipality in the state for unpaid fishery sales, use, or severance taxes imposed by the municipality; the administrative determination must be accompanied by a certification by the municipality that the municipal administrative process is consistent with constitutional requirements of due process and that the applicant has exhausted all administrative remedies under the applicable municipal administrative process; or
             (C) a final administrative determination against the applicant from the National Marine Fisheries Service for unpaid industry fees levied under a fishing capacity reduction; the administrative determination must be accompanied by a certification by the National Marine Fisheries Service that the federal administrative process is consistent with constitutional requirements of due process and that the applicant has exhausted all applicable administrative remedies.
   (c) Instead of a license issued under (a) of this section, the department may issue a direct marketing fisheries business license to a licensed commercial fisherman who processes fishery resources caught using a vessel that does not exceed 65 feet in overall length and is owned or leased by the commercial fisherman. The licensee may place into commerce in the state and outside of the state processed or unprocessed fishery resources caught using the vessel described in the license. Fishery resources that are caught using the vessel and owned by the licensee from the time of harvest through sale, as defined by the department by regulation, may be processed by the licensee on the vessel, at a shore-based facility, or by means of custom processing services obtained by the licensee. An application for a direct marketing fisheries business license shall be filed with the department and accompanied by an annual fee of $25. A separate direct marketing fisheries business license and annual license fee are required for each vessel on which processing is performed. The application must state the name and address of the applicant, the fishery resources for which the applicant holds a commercial fishing entry permit or interim-use permit or quota share, a description of the vessel and each shore-based facility where the applicant will process fishery resources, and other information that the department prescribes by regulation. The application must state that the applicant, as a condition of obtaining and maintaining the license, agrees to pay the taxes, assessment, employment security contributions, and penalties as set out in (a)(1) - (5) of this section. A person who holds a direct marketing fisheries business license may not under that license (1) purchase fishery resources for resale or processing for sale; or (2) process fishery resources for another licensed commercial fisherman or for a fisheries business licensed under this chapter. In this subsection, "licensed commercial fisherman" means a natural person who holds a commercial fishing entry permit or interim-use permit issued under AS 16.43 or a quota share issued under federal law.

Authorities

43.75.011;43.75.015;43.75.290;43.76.025;43.76.190;43.76.260;43.76.310;44.25.040

Notes

References

AS 43.75.011 Fisheries business license.
AS 43.75.015 Fisheries business tax.
AS 43.75.290 Definitions.
AS 43.76.025 Collection of tax and disposition of proceeds.
AS 43.76.190 Collection of assessment.
AS 43.76.260 Collection of assessment.
AS 43.76.310 Collection of assessment.
AS 44.25.040 Security for certain obligations.

History

(Sec. 2 ch 82 SLA 1949; am Sec. 93 ch 59 SLA 1982; am Sec. 3 ch 150 SLA 1990; am Sec. 4 ch 147 SLA 2004; am Sec. 2 ch 24 SLA 2005; am Sec. 2, 3 ch 74 SLA 2010)