Section 43.76.370. Election to approve, amend, or terminate seafood development tax.

   (a) A qualified regional seafood development association for a seafood development region may conduct an election under this section to approve, amend, or terminate a seafood development tax in one or more fisheries in a seafood development region after
        (1) the association pays a fee of $500 for each fishery in which an election is held; and
        (2) the commissioner of commerce, community, and economic development approves
             (A) the notice to be published by the qualified regional seafood development association;
             (B) the ballot to be used in the election; and
             (C) the registration and voting procedure for the approval, amendment, or termination of the seafood development tax.
   (b) The seafood development tax is levied under AS 43.76.350, 43.76.355, 43.76.360, or 43.76.365 on fishery resources taken in a fishery, or is amended or terminated, on the effective date stated on the ballot if
        (1) the levy, amendment, or termination of the tax is approved by a majority vote of the eligible interim-use permit and entry permit holders in the fishery who vote in an election held under this section;
        (2) at least 30 percent of the eligible interim-use permit and entry permit holders in the fishery cast a ballot in the election to levy, amend, or terminate the tax; and
        (3) the election results are certified by the commissioner of commerce, community, and economic development under (d) of this section.
   (c) In conducting an election under this section, the qualified regional seafood development association shall adopt the following procedures:
        (1) the association shall hold at least one public meeting, not less than 30 days before the date on which ballots must be postmarked to be counted in the election, to explain the reason for the proposed seafood development tax, the amendment of the tax, or the termination of the tax and to explain the registration and voting procedure to be used in the election; the association shall provide notice of the meeting by
             (A) mailing the notice to each eligible interim-use permit and entry permit holder;
             (B) posting the notice in at least three public places in the seafood development region in which the fishery occurs; and
             (C) publishing the notice in at least one newspaper of general circulation in the region at least once a week for two consecutive weeks before the meeting;
        (2) the association shall mail two ballots to each eligible interim-use permit and entry permit holder; the first ballot shall be mailed not more than 45 days before the date ballots must be postmarked to be counted in the election; the second ballot shall be mailed not less than 15 days before the date ballots must be postmarked to be counted in the election; the association shall adopt procedures to ensure that only one ballot from each eligible interim-use permit and entry permit holder is counted in the election;
        (3) the ballot must
             (A) indicate whether the election relates to a seafood development tax under AS 43.76.350, 43.76.355, 43.76.360, or 43.76.365;
             (B) indicate the fishery that is or will be subject to the seafood development tax to be levied or amended;
             (C) ask the question whether the seafood development tax shall be levied or amended, as appropriate;
             (D) indicate the geographic boundaries of the seafood development region in which the seafood development tax will be levied;
             (E) provide an effective date for the levy or amendment of the seafood development tax in the fishery; and
             (F) indicate the date on which returned ballots must be postmarked in order to be counted;
        (4) the ballots shall be returned by mail and shall be counted by the commissioner of commerce, community, and economic development or by a person approved by the commissioner of commerce, community, and economic development.
   (d) The commissioner of commerce, community, and economic development shall certify the results of an election under this section if the commissioner determines that the requirements of (a) - (c) of this section have been satisfied.
   (e) The rate of the seafood development tax levied in a seafood development region shall be uniform for all fisheries and fishery resources in the region.
   (f) If a seafood development tax has not been levied on a fishery resource in a seafood development region, the initial tax levied in any fishery in the region may be set at a rate set under AS 43.76.350, 43.76.355, 43.76.360, or 43.76.365 in accordance with procedures set out in this section. If a seafood development tax is currently levied on fishery resources in any fishery in a seafood development region, an election to approve the initial levy of a seafood development tax in another fishery in the region shall be for a levy of the tax at the current rate in the region. The election to approve the levy of a seafood development tax within a fishery shall be conducted among the eligible interim-use permit and entry permit holders in the fishery.
   (g) An election to amend the current rate of the seafood development tax within a seafood development region shall be conducted among the eligible interim-use permit holders and entry permit holders in each fishery within the region that has approved the levy of the tax under this section. In an election to amend the current rate of the seafood development tax within a region, a person shall receive, and may cast and have counted, a separate ballot for each fishery in the seafood development region that is subject to the tax for which the person is an eligible interim-use permit or entry permit holder.
   (h) Except as provided in AS 43.76.375, an election to terminate a seafood development tax within one or more fisheries in a seafood development region shall be conducted under the same procedures established under (a) - (d) of this section for an election to approve or amend a seafood development tax.
   (i) In this section, "eligible interim-use permit and entry permit holder" means an individual who, 90 days before the date ballots must be postmarked to be counted in an election under this section, is listed in the records of the Alaska Commercial Fisheries Entry Commission as the legal owner of an interim-use permit or an entry permit that authorizes the individual to operate commercial fishing gear in the fishery that is or will be subject to the seafood development tax that is the subject of the election.

Authorities

43.76.350;43.76.355;43.76.360;43.76.365;43.76.375

Notes

Recent Bills that will modify this

HB 366 COMM. FISH. ENTRY PERMIT LOANS & BANKS

References

AS 43.76.350 Two percent seafood development tax.
AS 43.76.355 One and one-half percent seafood development tax.
AS 43.76.360 One percent seafood development tax.
AS 43.76.365 One-half percent seafood development tax.
AS 43.76.375 Termination of seafood development tax.

History

(Sec. 3 ch 53 SLA 2004)