Legislature(1993 - 1994)

04/12/1993 05:00 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
              HOUSE SPECIAL COMMITTEE ON FISHERIES                             
                         April 12, 1993                                        
                            5:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Carl E. Moses, Chairman                                       
  Representative Harley Olberg, Vice-Chairman                                  
  Representative Irene Nicholia                                                
  Representative Gail Phillips                                                 
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative Cliff Davidson                                                
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 264    "An Act providing for a fishery resource landing                   
            tax; and providing for an effective date."                         
                                                                               
            CS HB 264 (FSH) MOVED OUT OF COMMITTEE WITH A DO                   
            PASS RECOMMENDATION                                                
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Joe Blum, Executive Director                                                 
  American Factory Trawlers Association                                        
  4039 21st Avenue West, Suite 400                                             
  Seattle, WA  98199                                                           
  Phone:  206-285-5139                                                         
  Position Statement: No Position yet on HB 264                                
                                                                               
  Karl Ohls, Fisheries Development Specialist                                  
  Bering Sea Fishermen's Association                                           
  725 Christiansen Drive                                                       
  Anchorage, AK  99501                                                         
  Phone:  279-6519                                                             
  Position Statement: Supports HB 264                                          
                                                                               
  Frank Kelty, Mayor                                                           
  City of Unalaska                                                             
  P.O. Box 89                                                                  
  Unalaska, AK  99685                                                          
  Phone:  581-1251                                                             
  Position Statement: Supports HB 264                                          
                                                                               
  Linda Kozak                                                                  
  Kodiak Longline Vessel Owners Association                                    
  326 Center Street, #202                                                      
  Kodiak, Alaska  99615                                                        
  Phone:  486-3781                                                             
  Position Statement: Supports HB 264, but has some concerns                   
                                                                               
  Brian Bergman, Harbormaster                                                  
  City of Sitka                                                                
  304 Lake Street                                                              
  Sitka, AK  99835                                                             
  Phone:  747-3439                                                             
  Position Statement: Supports HB 264                                          
                                                                               
  Dewey Schwalenberg, Executive Director                                       
  Bering Sea Commercial Fisheries Development Foundation                       
  1577 C Street                                                                
  Anchorage, AK  99501                                                         
  Phone:  263-9881                                                             
  Position Statement: Companies that make contributions to                     
                      non-profit corporations should receive a                 
                      tax credit                                               
                                                                               
  Richard "Rick" Lauber, Lobbyist                                              
  Pacific Seafood Processors Association                                       
  321 Highland                                                                 
  Juneau, AK  99801                                                            
  Phone:  586-6366                                                             
  Position Statement: Will not support HB 264 in current form                  
                                                                               
  Mike Szymanski                                                               
  Governmental Affairs Representative                                          
  Fishing Company of Alaska                                                    
  P.O. Box 210587                                                              
  Anchorage, AK  99521                                                         
  Phone:  563-9188                                                             
  Position Statement: Opposes HB 264                                           
                                                                               
  Bob Juettner, Administrator                                                  
  Aleutians East Borough                                                       
  1600 "A" Street #103                                                         
  Anchorage, AK  99501                                                         
  Phone:  274-7553                                                             
  Position Statement: Supports HB 264                                          
                                                                               
  Carl A. Meyer, Chief of Appeals                                              
  Income and Excise Audit Division                                             
  Alaska State Department of Revenue                                           
  P.O. Box 110420                                                              
  Juneau, AK  99811-0420                                                       
  Phone:  465-2343                                                             
  Position Statement: Commented on the definition of value                     
                      with regard to 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                       
  04/12/93              (H)   FSH AT 05:00 PM CAPITOL 17                       
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  Tape 93-21, Side A                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN CARL MOSES called the meeting to order at 5:08                      
  p.m., noted himself and Representative Olberg in attendance,                 
  stated that the meeting was on teleconference and said that                  
  HB 264, establishing a fisheries resource landing tax, was                   
  on the agenda.  He then asked Mr. Joe Blum to begin his                      
  testimony from Seattle.                                                      
                                                                               
                                                                               
  HB 264:  FISHERY RESOURCE LANDING TAX                                        
                                                                               
  JOE BLUM, EXECUTIVE DIRECTOR FOR THE AMERICAN FACTORY                        
  TRAWLERS ASSOCIATION (AFTA), testifying from Seattle, stated                 
  the offshore processors often feel that investments by                       
  themselves and financial partners are not treated as                         
  contributing toward Alaska's economic well-being.  The                       
  people of Alaska, including state legislators, understand                    
  the level of economic activity produced by AFTA.  For                        
  example, in 1990, the last year that AFTA has complete                       
  information, the offshore sector provided over $120 million                  
  to Alaska's economic health.  Included were taxes of $5.4                    
  million, payroll of $7 million, other expenses of $2.3                       
  million, $8.7 million devoted to storage of materials, $7.9                  
  million for transportation, $3.4 million for groceries and                   
  sundries, $14.4 million for maintenance and repair of AFTA                   
  equipment, $59.7 million for fuel and lubricants, and                        
  miscellaneous expenses totalling $12.6 million.  This adds                   
  up to an excess of $120 million, he noted.                                   
                                                                               
  Number 065                                                                   
                                                                               
  MR. BLUM stated that in 1991, AFTA created the Bering Sea                    
  Commercial Fisheries Development Foundation for the purpose                  
  of assisting in the creation of opportunities for the                        
  residents of western Alaska to engage in the commercial                      
  fishing industry, in the harvesting and processing sectors.                  
  He pointed out AFTA members support the foundation through                   
  assessments against every ton of fish retained from the                      
  Bering Sea and the Gulf of Alaska.  By the end of 1992, over                 
  $680,000 had been contributed to the foundation from AFTA                    
  members.                                                                     
                                                                               
  MR. BLUM disclosed the first project undertaken by the                       
  foundation was an aggressive training program through which                  
  over 100 western Alaska residents were recruited for special                 
  training programs, conducted by the Alaska Vocational                        
  Training Center in Seward.  Graduates of the training                        
  program were then offered employment aboard AFTA vessels.                    
  By the end of 1992, over 100 western Alaskans had been                       
  recruited, trained, and employed by the offshore industry.                   
                                                                               
  MR. BLUM anticipated upwards of 300 graduates from the                       
  program in 1993.  Six offshore companies are currently                       
  engaged in projects with community development quota (CDQ)                   
  communities in western Alaska, from Atka to the Pribilofs.                   
  Those projects generate nearly $20 million per year in                       
  income and other benefits.  As a result, western Alaska                      
  residents should have the expertise to develop the                           
  infrastructure necessary to establish a viable commercial                    
  fishing industry in their area.  In Alaska, for 1990, the                    
  AFTA fleet created more than 800 jobs; the average wage of                   
  those jobs was $27,000.  Entry level wages for 60-day trips,                 
  are as much as $20,000.  He advised that AFTA does business                  
  with companies in Anchorage, Kodiak, Dutch Harbor and                        
  Unalaska.                                                                    
                                                                               
  MR. BLUM confirmed that AFTA has not yet taken a position on                 
  HB 264, in connection with the proposed tax on processed                     
  seafood products landed in the state.  Despite current                       
  rumors to the contrary and the statements by certain Alaskan                 
  officials, AFTA has not taken a position on HB 264, he                       
  reiterated.  He stressed that AFTA has not signed off on the                 
  bill, nor have they hired an attorney or anyone else to                      
  fight HB 264; however, AFTA has urged the administration to                  
  request a formal legal opinion from the state Attorney                       
  General's office, detailing the jurisdictional basis upon                    
  which the state would be exercising taxing authority over                    
  seafood products that were harvested and processed in                        
  federal waters outside the state of Alaska.                                  
                                                                               
  MR. BLUM added that such an opinion should demonstrate the                   
  legality of such a tax in terms of the significant                           
  constitutional issues involved; for example, how does the                    
  taxing plan mesh with the U.S. Constitutional Commerce                       
  Clause?  The reasonableness and fairness of any proposed tax                 
  would be a significant factor in AFTA's ultimate decision on                 
  how to respond to such legislation.                                          
                                                                               
  MR. BLUM then stated that the key factors in determining                     
  fairness would include the following questions:  Does the                    
  tax fairly reflect the burden that AFTA members' operations                  
  in the state place on state resources; for example, water,                   
  sewer, hospitals, schools, roads, docks and other state and                  
  municipal services as compared with other components in the                  
  seafood industry?  Another key factor is whether the tax                     
  places AFTA members at a competitive disadvantage, compared                  
  to other sectors of the industry.                                            
                                                                               
  MR. BLUM noted two additional questions:  Is the value of                    
  the product being taxed the same for all sectors and is the                  
  rate of the tax higher on AFTA operations?  Will the                         
  legislation provide the tax credit for office contributions                  
  to the Bering Sea Commercial Fisheries Development                           
  Foundation and other related investments?  After reviewing                   
  these considerations, AFTA will review HB 264 with the                       
  accompanying legal analysis, and then will decide which                      
  position it will take on the bill.                                           
                                                                               
  MR. BLUM re-emphasized that AFTA has not taken a position at                 
  this point.  The key threshold issue that the legislature                    
  and the administration need to address is the legal basis                    
  for such a tax.  If this issue is not addressed, many                        
  questions will be raised that could have easily been dealt                   
  with in a substantive Attorney General's opinion, he                         
  concluded.                                                                   
                                                                               
  Number 170                                                                   
                                                                               
  CHAIRMAN MOSES thanked Mr. Blum for his testimony, noted                     
  Representative Nicholia's entrance at 5:11 p.m., and invited                 
  Mr. Karl Ohls to testify from Anchorage.                                     
                                                                               
  Number 182                                                                   
                                                                               
  KARL OHLS, FISHERIES DEVELOPMENT SPECIALIST FOR THE BERING                   
  SEA FISHERMEN'S ASSOCIATION, testifying from Anchorage via                   
  teleconference, stated that he was representing three of the                 
  companies in the Association:  The Coastal Village Fishing                   
  Cooperative, the Norton Sound Economic Development                           
  Corporation and the Yukon Delta Fishery Development                          
  Association.  All three are CDQ corporations formed for the                  
  purpose of applying for and harvesting CDQ quotas in the                     
  Bering Sea.  The three entities support the concept of the                   
  landing tax.  The corporations have looked at HB 264 and                     
  have a suggested change to the version of HB 264 dated                       
  4/12/93.  The amendment would allow a taxpayer to get                        
  credits for contributions to non-profit corporations to use                  
  the funds for scholarships, training, capital contributions                  
  and infrastructure.  The amendment would be inserted on page                 
  four, line nine of HB 264, to correlate between purposes of                  
  the tax credit and the funds that are shared with the                        
  municipalities.                                                              
                                                                               
  MR. OHLS stated the reasons the above companies support the                  
  amendment is that there is precedent for the legislature to                  
  provide tax credits, similar to the ones outlined in the                     
  amendment.  Another reason is to establish fishing economies                 
  in communities; the credit would not affect the amount of                    
  tax the fishing companies would pay.  Fisheries'                             
  infrastructure developing in coastal communities will result                 
  in more fishery resources landed in Alaska, and more revenue                 
  for the state.  The CDQ fisheries will provide revenues to                   
  the general fund that is equal to the amount provided by any                 
  other offshore fishing activity.  Several CDQ fishing                        
  enterprises are now contributing revenues directly to the                    
  state through the fisheries business tax, the state                          
  corporate income tax and through self-assessment of the                      
  fisheries business tax.                                                      
                                                                               
  MR. OHLS further stated that a landing tax is appropriate,                   
  however, this amendment will provide an added benefit to the                 
  state and the CDQ communities as a source of funding for                     
  governmental-style services that are essential for the                       
  success of the CDQ business.  In response to the fiscal                      
  impact, the CDQ pollack tax, at three percent will be                        
  approximately $600,000.  A 50% tax credit would amount to                    
  $300,000 available for western Alaska communities, he                        
  believed.                                                                    
                                                                               
  Number 284                                                                   
                                                                               
  CHAIRMAN MOSES asked if there were questions.  Hearing none,                 
  testimony continued from Unalaska.                                           
                                                                               
  Number 286                                                                   
                                                                               
  FRANK KELTY, MAYOR OF UNALASKA, testifying via                               
  teleconference, stated that the City of Unalaska supports HB
  264.  The existing state of Alaska shared raw fish tax                       
  programs were created for sharing half the amount of state                   
  fisheries business tax revenue, left from in-state fish                      
  processing, with municipalities.  Fish processed at sea, and                 
  landed or transferred within the state is not subject to                     
  state or local taxes.  The off-shore fish processing sector                  
  has a significant presence in coastal communities, with                      
  activities ranging from transferring processed fish                          
  products, changing crews, taking on fuel and supplies, and                   
  discarding waste.  The offshore sector also has a                            
  substantial financial impact on local governments, including                 
  increased maintenance requirements, local transportation,                    
  medical and public safety services and expanding                             
  recreational and educational programs.                                       
                                                                               
  MR. KELTY further said that the city of Unalaska, in FY 92,                  
  generated approximately $14 million in general fund                          
  revenues.  Of that, $6 million was derived from the raw fish                 
  tax collected locally and from the shared fish tax collected                 
  from the shore-based plants.  The factory trawlers operating                 
  outside state waters are not subject to state or local fish                  
  tax and have few investments onshore that are subject to                     
  property taxes.  If offshore processors are considered for                   
  tax-credit, then shoreside processors who make contributions                 
  should also get tax-credits.                                                 
                                                                               
  Number 336                                                                   
                                                                               
  CHAIRMAN MOSES thanked Mayor Kelty and moved testimony to                    
  Kodiak.                                                                      
                                                                               
  LINDA KOZAK, KODIAK LONGLINE VESSEL OWNERS ASSOCIATION                       
  (KLVOA), testifying from Kodiak, advised that the                            
  association has one catcher/processor longline vessel that                   
  would be impacted by a landing tax.  The KLVOA is generally                  
  supportive of HB 264, but has some concerns.  The first is                   
  safety; many vessels would try to off-load out of state                      
  waters to get around paying the landing tax, and there could                 
  be problems with safety due to the weather.                                  
                                                                               
  MS. KOZAK stated that additionally, there is concern with                    
  the definition of "value" of the fishery resource.  The                      
  value is currently defined as the lesser of two values - the                 
  market value or the statewide average price.  A better                       
  definition may be the statewide average, and then add in the                 
  words "ex-vessel price, paid in the year for the fisheries                   
  resource as reported to..."  This amendment may alleviate                    
  some concern if fishermen know they might get hit with a                     
  double tax if the market value is higher than the ex-vessel                  
  value.                                                                       
                                                                               
  MS. KOZAK further stated that the landing tax is very                        
  important to Alaska and that the KLVOA supports the concept.                 
                                                                               
  Number 365                                                                   
                                                                               
  CHAIRMAN MOSES thanked Ms. Kozak for her testimony and moved                 
  to Sitka to hear from Brian Bergman.                                         
                                                                               
  Number 367                                                                   
                                                                               
  BRIAN BERGMAN, HARBORMASTER FOR THE CITY OF SITKA, testified                 
  from Sitka.  He stated that the City of Sitka supports HB
  264.  The bill addresses a loophole in the current fisheries                 
  business tax, and the City of Sitka feels that all vessels                   
  should pay on the same level.  The 3.3% assessment puts the                  
  American Factory Trawlers Association on the same playing                    
  level as the smaller, traditional hook and line fisherman,                   
  he concluded.                                                                
                                                                               
  Number 380                                                                   
                                                                               
  DEWEY SCHWALENBERG, EXECUTIVE DIRECTOR FOR THE BERING SEA                    
  COMMERCIAL FISHERIES DEVELOPMENT FOUNDATION (BSDF),                          
  testified via teleconference.  He said that the foundation                   
  is more than a training program; it has worked on longline                   
  projects, supported the CDQ program, worked to support a                     
  local fish processing plant, and worked with the fish                        
  marketing program for chum salmon.                                           
                                                                               
  MR. SCHWALENBERG added that tax-credits should be provided                   
  for companies that make contributions like those previously                  
  listed.  For each $2,000 spent on students who get jobs in                   
  the industry, $8,000 is turned directly around to the                        
  community.  The state legislature should look into the use                   
  of foundations, trusts, and endowments for direct benefit                    
  for the social welfare activities of community residents.                    
  There are many things lacking at the fisherman's level, like                 
  pension plans, disability programs, investment programs and                  
  marketing plans for their products; all of these are served                  
  by a foundation, he concluded.                                               
                                                                               
  Number 450                                                                   
                                                                               
  CHAIRMAN MOSES added that contributing too much to the                       
  projects mentioned would detract from the amount invested                    
  for the expansion of airports and infrastructure that the                    
  offshore trawlers need to operate successfully.  He then                     
  asked if there was anyone else on teleconference or in                       
  person that would like to testify.                                           
                                                                               
  RICK LAUBER, LOBBYIST FOR THE PACIFIC SEAFOOD PROCESSORS                     
  ASSOCIATION said that his is a trade association that                        
  processes between 85-90% of the seafood caught and landed in                 
  Alaskan waters.  Historically, the seafood processing                        
  industry has been a taxpayer.                                                
                                                                               
  MR. LAUBER stated he would support HB 264 in its current                     
  form if it was fair; the only fair part about the bill is                    
  "the 3.3% tax, which is the equal part that the in-state                     
  processors currently pay.  Currently, the floaters operating                 
  in the waters near Dutch Harbor pay a 5% tax, not 3%.  Plus                  
  they would pay a 2% tax to the City of Unalaska for a higher                 
  percentage.  The floaters in Bristol Bay pay 5% plus another                 
  3% to the Bristol Bay Borough.  Floaters in King Cove pay                    
  the 5% tax plus a double tax for the municipality, and one                   
  for the borough that totals 9%."                                             
                                                                               
  MR. LAUBER further said, "This legislation calls upon the                    
  factory trawlers and they will tell you whether they agree                   
  to this tax, at some future time, presumably after they have                 
  delayed it for another year or two, which will cost the                      
  state somewhere around $11 million per year while they're                    
  deciding whether or not they will agree to this tax.  So I                   
  think the only thing you need to do as far as the amount, is                 
  not consider whether it is fair to the fishing industry and                  
  the fishermen and processors operating inshore."                             
                                                                               
  MR. LAUBER said, "The other thing that the inshore                           
  operators, and this is not a tax of course, but certainly a                  
  cost of doing business, is that the floaters that do not                     
  comply with the same OSHA (Occupational Safety and Health                    
  Administration) regulations, the safety regulations that we                  
  do, they don't comply with the EPA (Environmental Protection                 
  Agency), and they don't have the air quality problems or the                 
  water quality problems that we do.  They don't comply with                   
  the Clean Air Act, or the Clean Water Act.  So...I think the                 
  first thing you need to consider is increasing the tax."                     
                                                                               
  MR. LAUBER continued, "Now, one of the things by the way,                    
  they're asking for is a tax credit, and I think they should                  
  be entitled, and I would suggest that they would be entitled                 
  to have the tax credit, the same tax credit the inshore                      
  processors have, as they're paying 5%, not half of their                     
  tax, not 50%, but 5% of the tax into the memorial                            
  scholarship fund for persons wishing to engage in fisheries-                 
  related activities; HB 264 should be amended to allow them                   
  to do that."                                                                 
                                                                               
  MR. LAUBER stated further that the state, not the non-                       
  resident factory trawler, should decide who gets the taxes                   
  and what contributions to non-profit corporations are                        
  allowed.  He said, "AFTA has attempted to destroy the North                  
  Pacific Fisheries Management Council (NPFMC).  The AFTA                      
  would like to see the NPFMC dominated by Washington state                    
  residents; attempts have been made to destroy the Alaskan                    
  majority on the council; AFTA fought the inshore allocation                  
  which would have deleted all Alaskan pollock fisheries                       
  onshore and moved these fisheries offshore."                                 
                                                                               
  MR. LAUBER continued, "One of the issues brought up is that                  
  if we increase the tax, then trawlers will off-load at sea.                  
  They are going to run on their last load anyway; in fact,                    
  they have already.  Last year, a number of them ran from                     
  Alaska to Japan and off-loaded; many of them run to Seattle                  
  already.  The last load, you're not going to get any taxes,                  
  whether it's 1% or 50%, they're going to load it someplace                   
  else; or the vast majority of them are.  As far as the                       
  others are concerned, you cannot off-load on the high-seas.                  
  You must come in to sheltered waters where there are                         
  conveyors and get rid of that product as fast as you can on                  
  the trampers and get back out there and get fishing, so they                 
  can't off-load at sea."                                                      
                                                                               
  Maybe at some future time, MR. LAUBER said, "when there is                   
  no olympic system, they might be able to, but don't believe                  
  them when they tell you that.  The other thing that needs                    
  attention, was the language on the taxability.  Ms. Kozak's                  
  language would be a good compromise, and that would be to                    
  use the statewide average.  By using the lesser of the ones,                 
  you never quite get there; you need one definition.  The                     
  other thing is...the fish need to be weighed.  Every pound                   
  of fish in Alaska is sold by weight.  The processor who buys                 
  the fish must buy it on certified scales."                                   
                                                                               
  MR. LAUBER continued, "A product recovery rate must be used                  
  as it is an estimate of how much fish you originally caught.                 
  Without weighing the fish, we are at the mercy of the                        
  factory trawlers to tell us how much their product recovery                  
  rates are.  We need to have a requirement that all their                     
  fish must be weighed.  All the domestic processors have                      
  scales, and                                                                  
  you won't get your tax dollars without scales."                              
                                                                               
  MR. LAUBER further said, "With two major changes, a fair tax                 
  of 5% or 5.3%, and the fish should be weighed, like the                      
  domestic processors have to buy their fish, then the NPFMC                   
  could support this legislation."                                             
                                                                               
  Number 591                                                                   
                                                                               
  CHAIRMAN MOSES called Mike Szymanski to testify.                             
                                                                               
  MIKE SZYMANSKI, GOVERNMENTAL AFFAIRS REPRESENTATIVE FOR THE                  
  FISHING COMPANY OF ALASKA (FCA), advised that he would                       
  provide the committee with a prepared statement tomorrow,                    
  April 13th, 1993.  He advised members that the FCA was                       
  formed in 1984 in Seward, Alaska, and pioneered the                          
  Americanization of the rockfish head and gut fishery off the                 
  coast of Alaska.  The FCA currently produces gross product                   
  sales of approximately $85 million, and net sales of                         
  approximately $60 million.                                                   
                                                                               
  Number 600                                                                   
                                                                               
  MR. SZYMANSKI said, "The FCA sells product directly in Japan                 
  and FOB Dutch.  Sales don't go to the domestic market; we                    
  work in a fishery that markets abroad because the species is                 
  not domestically consumed.  The species is not marketed in                   
  the U.S., but it is a significant product to the foreign                     
  countries, particularly Japan, where it is sold.  The                        
  industry became available when the Magnuson Act went into                    
  effect.  The company was formed and has grown to employ 300-                 
  400 people working in Seward, Dutch Harbor and Seattle.  The                 
  product is caught and processed outside Alaska's taxing                      
  jurisdiction and the FCA vessels off-load to trampers.                       
  Sometimes the trampers do not sell immediately because the                   
  price has fallen such that it is not profitable to sell.                     
  The margin is fairly narrow."                                                
                                                                               
  MR. SZYMANSKI further said, "When vessels off-load to                        
  trampers in sheltered bays, sometimes there is not even an                   
  ownership transfer.  The FCA questions the legality of the                   
  3.3% tax, as oftentimes when there is a transfer from one                    
  vessel to another, there is no product change or                             
  conditioning.  It is simply transferring the product from                    
  one icebox to another."                                                      
                                                                               
  TAPE 93-21, SIDE B                                                           
  Number 000                                                                   
                                                                               
  MR. SZYMANSKI further noted that "if the state was allowed                   
  to impose such a tax on factory trawlers, why couldn't such                  
  a condition be imposed on Federal Express?...I highly                        
  question whether or not you would have the jurisdiction to                   
  do that than you would on vessels which catch outside the                    
  same jurisdiction.  There is a legal side of the issue which                 
  has been brushed over; the taxation may not be justified.                    
  The vessels, like the cargo planes, only enter the state's                   
  taxing jurisdiction, but have no relationship to any of the                  
  available state services.  Many of the transfers occur in                    
  remote bays in Alaska."                                                      
                                                                               
  MR. SZYMANSKI claimed that "if such a proposed tax was                       
  levied, it may be construed to violate the implied                           
  limitations for prohibition on Congressional authority to                    
  regulate foreign commerce.  Simply put, Congress never                       
  intended, or never allowed a state to regulate foreign                       
  commerce.  It is significant from our company's perspective                  
  because many times our products will go in for secondary                     
  processing in Korea and then be sold back into the United                    
  States as a final filleted product.  Looking at this measure                 
  (HB 264)...its legality and the state's regulation of                        
  interstate commerce needs to be scrutinized against the                      
  United States Constitution's Commerce Clause three, section                  
  eight, article one.  The Clause was designed to put a check                  
  and balance and specifically, impose when a state attempts                   
  to impose business activities to multiple, taxable liability                 
  and regulatory actions.                                                      
                                                                               
  MR. SZYMANSKI said, "There needs to be a substantial                         
  analysis of this legislation to determine whether or not it                  
  can meet the commerce clause test.  Does the simple                          
  transferring of product, subject to tax, have a substantial                  
  nexus with the taxing state of Alaska?  Does the tax                         
  discriminate or impede interstate commerce?  What                            
  relationship exists, if any to service this claim to be                      
  provided by the state of Alaska?  Is this proposed tax                       
  fairly imposed, as related to other states?  In other words,                 
  do we get one tax, upon another tax, when it's transferred?                  
  If those tests come back, then you'll know the answers to                    
  whether or not it's going to be legal and a foundation for                   
  the tax.  But I think those questions need to be asked."                     
                                                                               
  MR. SZYMANSKI further said "it's imperative that the legal                   
  foundation be established, because as you probably have been                 
  briefed, there's some question as to whether or not any of                   
  those tests would be supportive.  With regard to the impact                  
  of this action on our company, the Fishing Company of Alaska                 
  (FCA) is operating at a loss in the competitive market                       
  today, and could not support a $2.5 to $3.5 million tax.  In                 
  simple terms, we cannot impose this tax, downstream, on the                  
  market; its a supply and demand market, not a cost plus                      
  market.  The tax will be taken out of any profits, right off                 
  the top, and several of the fisheries that the FCA operates                  
  are not profitable."                                                         
                                                                               
  MR. SZYMANSKI disclosed, "The FCA plans to sell products                     
  today at half the price of last year, in 1992; therefore,                    
  reserves will be eaten away.  In response to weighing the                    
  product, scales can be installed in vessels, at a cost of                    
  $40,000 per unit, but the FCA maintains a very close record                  
  by pound, and the FCA sells by the pound.  The committee                     
  should consider the following legal questions associated                     
  with the legislation (HB 264), or the legislation will have                  
  a difficult time being supported or upheld in a court                        
  system."                                                                     
                                                                               
  Number 160                                                                   
                                                                               
  CHAIRMAN MOSES asked what the FCA did with garbage when its                  
  vessels entered a harbor or stopped by an island outside of                  
  a municipality to transfer product to trampers.                              
                                                                               
  MR. SZYMANSKI replied that "many times, we can do both ways                  
  with it.  The trampers actually take garbage with them and                   
  other times, it'll be transferred at the same time as fiber                  
  is moved off of them.  Fiber being packing boxes and other                   
  material."                                                                   
                                                                               
  CHAIRMAN MOSES further asked, "Do you transfer your crews at                 
  that time too?"                                                              
                                                                               
  MR. SZYMANSKI replied, "Most of the time we maintain them                    
  for the full cruise, but we pay about a million, five, to                    
  Mark Air and to Alaska Airlines, many times to move them                     
  back and forth to Dutch Harbor...so I assume Mark Air wants                  
  to stay in business, too."                                                   
                                                                               
  CHAIRMAN MOSES stated that "quite often, the trawlers will                   
  dump the undesirable crew members off and leave them                         
  stranded on the beach without money...what do you do with                    
  yours, on your boats?"                                                       
                                                                               
  MR. SZYMANSKI replied, "I've never had that problem.  It                     
  seems like they, uh, uh, always get back home.  We've, uh,                   
  the only time we've ever had a problem on that is usually                    
  weather, as you're familiar with that, and then we ended up                  
  paying them.  And I appreciate you bringing up that fact,                    
  you know, you talk about the cost, when we're sitting out                    
  there, and the reason our operating costs get extremely                      
  high, when a fishing season is shut down early, or a quota                   
  is taken, or we get into bad weather, we have to continue to                 
  pay our crews.  You don't send them home and tell them that                  
  the processing lines are shut down.  They're there and                       
  getting paid."                                                               
                                                                               
  CHAIRMAN MOSES asked, "When you have a sick or injured crew                  
  member, does the tramper take care of those, too?"                           
                                                                               
  MR. SZYMANSKI replied, "Most of the time, you end up with                    
  the Coast Guard and/or, we pay about $20-$30,000 to medi-                    
  vac, on average.  I've never known anybody outside the Coast                 
  Guard or contracted medi-vac to support us.  Are you                         
  familiar with anybody?  I'm not familiar with anybody that                   
  has ever provided any type of medi-vac services other than                   
  that."                                                                       
                                                                               
  CHAIRMAN MOSES stated that the vessels utilize the clinic at                 
  Dutch Harbor.                                                                
                                                                               
  Number 208                                                                   
                                                                               
  BOB JUETTNER, ADMINISTRATOR FOR THE ALEUTIANS EAST BOROUGH                   
  (AEB), estimated that $150 million worth of product will be                  
  landed by June 30, 1993 within the AEB.  The AEB sees no                     
  benefit from HB 264 because all products in the borough are                  
  caught, delivered and processed within AEB communities.  The                 
  AEB does support HB 264, however, because offshore                           
  processing has immediate and drastic impacts on local                        
  governments.  In Dutch Harbor, at the beginning and end of                   
  the season, the impacts are higher operating costs to the                    
  city for public safety, medical services and transportation.                 
  These impacts are also felt on the state of Alaska, as the                   
  state pays for some of the road maintenance, airport crews                   
  and additional public safety officers in Dutch Harbor.  The                  
  offshore industry also benefits from Alaska Seafood                          
  Marketing Institute (ASMI) promotions.                                       
                                                                               
  MR. JUETTNER said that as communities build up the                           
  infrastructure to handle these impacts, they get stuck with                  
  the fixed overhead costs.  Natural resource stocks do crash                  
  every 10 years or so; if the salmon industry crashes,                        
  Unalaska will have huge overhead expenses associated with                    
  their facilities.                                                            
                                                                               
  VICE CHAIR HARLEY OLBERG made the MOTION to ADOPT CSHB 264                   
   (FSH).  Without objections, CSHB 264(FSH) was ADOPTED.                      
                                                                               
  Representative Gail Phillips entered at 6:11 p.m.                            
                                                                               
  CHAIRMAN MOSES asked Mr. Meyer to enlighten the committee on                 
  the definition of value.                                                     
                                                                               
  Number 282                                                                   
                                                                               
  CARL MEYER, CHIEF OF APPEALS FOR THE INCOME & EXCISE AUDIT                   
  DIVISION OF THE ALASKA STATE DEPARTMENT OF REVENUE, stated                   
  the provision in HB 264 for the definition of value is in                    
  two parts.  The first was designed to compare the actual                     
  market value resource at the time it became subject to tax                   
  to the statewide average price.  The intent was to equate                    
  the value for the landing tax to the value that would be                     
  paid by those fisheries businesses that were paying the                      
  fisheries business tax (FBT).  The FBT is based on an un-                    
  processed product, whereas the landed tax provision is based                 
  on a product already processed.  The taxes are not directly                  
  comparable, and the use of value is an intent to have the                    
  two taxes be based on equivalent values, he concluded.                       
                                                                               
  Number 327                                                                   
                                                                               
  CHAIRMAN MOSES asked if there was discussion on CSHB 264                     
  (FSH).                                                                       
                                                                               
  VICE CHAIR OLBERG MOVED to PASS CSHB 264 (FSH) out of                        
  committee with INDIVIDUAL RECOMMENDATIONS.                                   
                                                                               
  Without objections, CSHB 264(FSH) was MOVED with INDIVIDUAL                  
  RECOMMENDATIONS.                                                             
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN MOSES adjourned the committee at 6:15 p.m.                          

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