Legislature(1993 - 1994)

04/05/1993 08:30 AM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
              HOUSE SPECIAL COMMITTEE ON FISHERIES                             
                          APRIL 5, 1993                                        
                            8:30 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Carl E. Moses, Chairman                                       
  Representative Harley Olberg, Vice-Chairman                                  
  Representative Gail Phillips                                                 
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative Irene Nicholia                                                
  Representative Cliff Davidson                                                
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  * HB 264  "An Act providing for a fishery resource landing                   
            tax; and providing for an effective date."                         
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  (* first public hearing)                                                     
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Carl A. Meyer, Chief of Appeals                                              
  Income and Excise Audit Division                                             
  Alaska Department of Revenue                                                 
  P.O. Box 110420                                                              
  Juneau, AK  99811-0420                                                       
  Phone:  465-2343                                                             
  Position Statement: Gave an overview of HB 264                               
                                                                               
  Vince Usera, Assistant Attorney General                                      
  Alaska Department of Law                                                     
  P. O. Box 110300                                                             
  Juneau, AK  99811-0300                                                       
  Phone:  465-2398                                                             
  Position Statement: Believed HB 264 is constitutional                        
                                                                               
  Carl L. Rosier, Commissioner                                                 
  Alaska Department of Fish and Game                                           
  P.O. Box 25526                                                               
  Juneau, AK  99802-5526                                                       
  Phone:  465-4100                                                             
  Position Statement: Supported HB 264                                         
                                                                               
  Kim Elton, Executive Director                                                
  Alaska Seafood Marketing Institute                                           
  1111 W. 8th St., Ste 100                                                     
  Juneau, AK  99801-1895                                                       
  Phone:  465-5560                                                             
  Position Statement: Supported HB 264                                         
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB 264                                                                
  SHORT TITLE:  FISHERY RESOURCE LANDING TAX                                   
  BILL VERSION:                                                                
  SPONSOR(S):   RULES                                                          
                                                                               
  TITLE: "An Act providing for a fishery resource landing tax;                 
  and providing for an effective date."                                        
  JRN-DATE     JRN-PG               ACTION                                     
  03/30/93       854    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/30/93       854    (H)   FISHERIES, FINANCE                               
  04/05/93              (H)   FSH AT 08:30 AM CAPITOL 17                       
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93- 20, SIDE A                                                          
  Number 000                                                                   
                                                                               
  CHAIRMAN CARL MOSES called the meeting to order at 8:40 a.m.                 
  He noted Representatives Moses, Olberg and Phillips in                       
  attendance and said the committee would hear for the first                   
  time HB 264.                                                                 
                                                                               
  Number 030                                                                   
                                                                               
  HB 264:  FISHERY RESOURCE LANDING TAX                                        
                                                                               
  CARL MEYER, CHIEF OF APPEALS, INCOME AND EXCISE AUDIT                        
  DIVISION, ALASKA DEPARTMENT OF REVENUE, gave a brief                         
  overview of HB 264 and described the goals of the                            
  legislation.  He began by saying Section 1 of HB 264 adds                    
  state authority to implement a landing tax, which would                      
  apply to processed fishery resources that are not already                    
  subject to the Fisheries Business Tax (FBT) provisions.  A                   
  fishery resource can only be subject to one of the taxes, he                 
  said.                                                                        
                                                                               
  MR. MEYER explained that the FBT applies to fishery                          
  resources that are either caught or processed in Alaska,                     
  including within the state's three mile jurisdiction.  The                   
  landing tax provision would only apply to fishery resources                  
  that were both caught and processed outside the jurisdiction                 
  of Alaska and brought into the state and first landed in                     
  Alaska, he advised.                                                          
                                                                               
  Number 060                                                                   
                                                                               
  As described by MR. MEYER, the landing tax would apply to                    
  processed resources that are first landed in the state of                    
  Alaska, rather than in another state or foreign country.                     
  Some fishery resources are transferred between ships in                      
  international waters, but not within another state or                        
  foreign country, so when that resource comes into Alaska                     
  waters, that will be a first landing and subject to the                      
  landing tax.  A first landing outside the jurisdiction of a                  
  state or foreign country, such as in United States                           
  jurisdictional waters, is not a landing in a state or                        
  foreign country and does not prevent the Alaska tax from                     
  applying.                                                                    
                                                                               
  MR. MEYER disclosed the tax rate is 3.3% of the value of the                 
  processed fishery resources at the place of the landing.                     
  Section 20 of HB 264 provides that a person subject to the                   
  tax must file a return reporting the value of the resources                  
  landed and the point of landing.  MR. MEYER explained the                    
  details of the filing requirements.                                          
                                                                               
  MR. MEYER pointed out Section 30 of HB 264 allows a credit                   
  against the landing tax for processing and salmon                            
  enhancement type taxes paid to a state in which the fishery                  
  resource was caught or processed prior to landing in Alaska.                 
  In this provision, according to MR. MEYER, "state" is                        
  interpreted to include foreign countries.  This credit                       
  provision is intended to avoid certain constitutional                        
  challenges that might be made to the tax and in reality, it                  
  is thought to be unlikely that any resource will be subject                  
  to any other state or foreign tax first, he alleged.                         
                                                                               
  MR. MEYER noted Section 40 of HB 264 provides that the tax                   
  collected on .3% of the value of the fishery resource be                     
  deposited into the general fund for use by the Alaska                        
  Seafood Marketing Institute (ASMI).  The tax collected on 3%                 
  of the value would be deposited into the general fund and is                 
  available for appropriation by the legislature for revenue                   
  sharing purposes, he added.                                                  
                                                                               
  MR. MEYER advised Section 50 of HB 264 contains the revenue                  
  sharing provisions, and mirror those that apply to the FBT.                  
  Section 60 gives the Department of Revenue the authority to                  
  adopt regulations to interpret and implement the landing tax                 
  provisions.  Section 200 contains definitions.  A "fishery                   
  resource" for purposes of this chapter is a processed                        
  resource.  An unprocessed fishery resource in the state                      
  would be subject to the FBT.  "Landing" is defined as the                    
  act of unloading or transferring a fishery resource and can                  
  take place over water or on land.                                            
                                                                               
  According to MR. MEYER, most of the resources that would be                  
  subject to the landing tax never make it to land.  As an                     
  example, a catcher-processor on the high seas outside the                    
  Alaska three-mile limit catches fish and then transfers the                  
  processed resource to a second vessel on the high seas -                     
  that transfer has no application under HB 264; but once the                  
  second vessel enters Alaska waters and transfers the product                 
  to a third vessel, the FBT would not apply because the fish                  
  was both caught and processed outside the state of Alaska.                   
  However, the landing tax would apply at the point the second                 
  vessel transferred the product to the third vessel.  The                     
  owner of that resource aboard the second vessel at the                       
  moment of transfer would be subject to the tax, he stated.                   
                                                                               
  MR. MEYER explained that the valuation of the resources for                  
  purposes of computing the tax differs from that under the                    
  FBT provision.  The value is the lesser of the actual market                 
  value of the resource at the point of landing in the state                   
  or the statewide average price paid for the resource in that                 
  tax year as reported by the Alaska Department of Fish and                    
  Game (ADF&G).                                                                
                                                                               
  MR. MEYER said the use of the statewide average price paid                   
  is intended to accomplish two results.  First, it would                      
  simplify the determination of the tax value since the market                 
  value for the processed product may otherwise be difficult                   
  to determine.  Second, it would roughly approximate the                      
  value that would otherwise have been applicable under the                    
  FBT provisions.                                                              
                                                                               
  MR. MEYER acknowledged that the statewide average price paid                 
  in most cases will be the value used for the landing tax and                 
  will be determined by the ADF&G based on fish tickets.  That                 
  value is based on the unprocessed product, even though when                  
  the resource is subject to tax it is in a processed form.                    
  This valuation is equivalent to what in-state processors pay                 
  on equivalent product.  He added Section 2 of HB 264                         
  provides that the legislation take effect on January 1,                      
  1994.                                                                        
                                                                               
  MR. MEYER admitted that one of the biggest questions people                  
  might have concerns who is impacted by HB 264.  He explained                 
  that this legislation is geared to the operators who both                    
  catch and process outside Alaska in the Exclusive Economic                   
  Zone (EEZ).  These are large catcher-processors that have                    
  the capability to both catch and process the resources                       
  almost simultaneously, outside the jurisdiction of the state                 
  and pay no fisheries business taxes.                                         
                                                                               
  According to MR. MEYER, even though these catcher-processors                 
  pay no taxes, the state of Alaska provides significant                       
  benefits and services, incurs quite a bit of management                      
  responsibilities with respect to the resources caught on the                 
  high seas, and the state's local communities are impacted by                 
  those operations.  The landing tax would be one way to                       
  compensate the state for these impacts, and through the                      
  revenue sharing provisions, compensate the communities for                   
  some of those local impacts, he declared.                                    
                                                                               
  MR. MEYER told the committee there would not be a situation                  
  where the FBT and the landing tax would both apply.  There                   
  would not be double taxation.  If the FBT applies, the                       
  landing tax would never apply.  The landing tax would also                   
  not apply to fishery resources that are first landed in some                 
  other state or foreign country and again landed in Alaska.                   
  This would prevent a situation from occurring where grocery                  
  stores could bring in processed products and be subject to                   
  this tax.  This tax would capture the resources that are                     
  caught in the EEZ and brought into the state of Alaska and                   
  transferred to the Lower 48, he believed.                                    
                                                                               
  With regard to the determination of value, MR. MEYER                         
  explained that the "value" is the lesser of the fair market                  
  value at the time and place of the transfer, or the average                  
  statewide price paid for the unprocessed resource as                         
  determined by the ADF&G.  In the event that some resource                    
  subject to this provision does not have a statewide average                  
  price, the value would not be zero, but the Department of                    
  Revenue through regulations would substitute some other                      
  method for the statewide average price in determining the                    
  value of the product, he said.                                               
                                                                               
  MR. MEYER said in looking at the landing tax rate overall in                 
  comparison to the FBT, the tax rate imposed on the                           
  catcher-processors is equivalent to the rate a shore-based                   
  processor would pay.  The 3.3% is equivalent to the 3.3%                     
  paid by a shore-based fisheries business.  On balance, he                    
  called it a very favorable taxing scheme for an EEZ                          
  catcher-processor when compared to the FBT provisions,                       
  because it puts them on a par with the shore-based                           
  processors.                                                                  
                                                                               
  It was MR. MEYER'S understanding that if this type of tax                    
  was proposed, the offshore industry would not have any                       
  opposition if they were treated fairly and equivalent to the                 
  shore-based processors.  MR. MEYER called the tax fair and                   
  more favorable than what a floating processor would pay                      
  under the FBT provisions.                                                    
                                                                               
  MR. MEYER then described the revenue sharing provisions,                     
  including those for boroughs incorporated after June 16,                     
  1987.  If a landing occurs outside a municipality or                         
  borough, 50% of the tax is transmitted to the Department of                  
  Community and Regional Affairs for sharing under AS                          
  29.60.450.  The Department of Revenue has submitted a fiscal                 
  note for HB 264 showing that the 3% portion of the revenues                  
  from this tax, net of the amount shared back to                              
  municipalities, would be about $4.3 million.  The .3% of the                 
  tax is not subject to revenue sharing and would be $860,000.                 
                                                                               
                                                                               
  MR. MEYER pointed out the Department of Revenue has                          
  submitted a fiscal note for one position for a revenue                       
  auditor and related travel, supplies and equipment.  That                    
  position would be required to perform the audits and ensure                  
  compliance, he concluded.                                                    
                                                                               
  REPRESENTATIVE GAIL PHILLIPS asked if there would be any                     
  fishing groups left who would not be taxed once HB 264 was                   
  passed.                                                                      
                                                                               
  MR. MEYER replied that with passage of HB 264, everyone                      
  should be subject to one of the taxes.                                       
                                                                               
  REPRESENTATIVE PHILLIPS asked about the ASMI dedication and                  
  was concerned about the phrase "for other public purposes"                   
  that might lead to the money not being appropriated to ASMI.                 
                                                                               
  MR. MEYER answered that all the funds would be subject to                    
  appropriation by the legislature.                                            
                                                                               
  VICE-CHAIR HARLEY OLBERG speculated that the provision might                 
  have been included to get around the dedicated funds                         
  prohibition.                                                                 
                                                                               
  REPRESENTATIVE PHILLIPS also asked about the June, 1987                      
  restrictions on the revenue sharing sections.                                
                                                                               
  MR. MEYER replied that these revenue sharing provisions were                 
  intended to track exactly those in the FBT.                                  
                                                                               
  Number 398                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS asked for the Department of Law's                    
  response to a memorandum prepared by Legislative Legal                       
  Services' attorney, Jack Chenoweth, to House Speaker Ramona                  
  Barnes, concerning the constitutional issues raised by HB
  264.                                                                         
                                                                               
  VINCE USERA, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW,                  
  replied that this particular tax has been the subject of                     
  discussion for years, and while no one can say definitively                  
  it is either constitutional or unconstitutional, it is the                   
  feeling of the Department of Law that they are secure in its                 
  defensibility.  Until the Supreme Court was to bang its                      
  gavel, nobody would know for sure, MR. USERA admitted, but                   
  the Department of Law is prepared to defend the legislation.                 
                                                                               
  Number 440                                                                   
                                                                               
  CARL ROSIER, COMMISSIONER, ALASKA DEPARTMENT OF FISH AND                     
  GAME, was pleased to see HB 264 introduced.  The offshore                    
  factory trawl fleet off Alaska waters is a large fleet,                      
  approximately 60 plus modern vessels, MR. ROSIER said,                       
  mostly based in the state of Washington and operating in the                 
  EEZ off the coast of Alaska.                                                 
                                                                               
  Number 460                                                                   
                                                                               
  According to MR. ROSIER, this fishery has been extremely                     
  profitable, with the fleet harvesting a by-catch of crab,                    
  halibut, herring and salmon while targeting other species.                   
  These species are important to Alaska's fishermen,                           
  processors and coastal communities, he added.  The                           
  incidental harvest of these species by the factory trawlers                  
  has an economic impact on Alaskans by the removal of                         
  resources that would otherwise be harvested by Alaskans.                     
                                                                               
  MR. ROSIER pointed out that the fleet avails itself of                       
  Alaska docks, harbors, communication and transportation                      
  systems, as well as medical services when needed.  Yet, the                  
  factory trawler fleet pays virtually no taxes to the state                   
  for either the services it receives or the impacts on                        
  coastal communities.  According to MR. ROSIER, the revenue                   
  from this tax could help pay for  the services used by the                   
  factory trawlers and mitigate some of the impacts they have                  
  on Alaska coastal communities.                                               
                                                                               
  MR. ROSIER acknowledged management and enforcement in the                    
  offshore fisheries is underfunded.  He pointed out the                       
  revenue from this landing tax would provide the necessary                    
  addition to fund these functions.                                            
                                                                               
  MR. ROSIER concluded with some remarks about his concern for                 
  current efforts, especially in the Alaska Senate, to reduce                  
  funding for fish and game management.                                        
                                                                               
  REPRESENTATIVE PHILLIPS asked for a copy of Commissioner                     
  Rosier's statement.                                                          
                                                                               
  KIM ELTON, EXECUTIVE DIRECTOR OF THE ALASKA SEAFOOD                          
  MARKETING INSTITUTE (ASMI), commented that the .3% of the                    
  portion of the tax is identical to what shore-based                          
  processors are paying.  He also pointed out that the                         
  offshore processors are presently deriving benefits from the                 
  efforts of ASMI.  Page 2 of HB 264, under the ASMI section,                  
  should be sufficient to indicate the legislature has the                     
  option to appropriate those funds to ASMI, he concluded.                     
                                                                               
  HB 264 WAS HELD FOR FURTHER CONSIDERATION.                                   
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN MOSES adjourned the meeting at 9:18 a.m.                            

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