CSHB 363(FIN): "An Act relating to salmon product reports and to the sale of fish; and providing for an effective date."
00CS FOR HOUSE BILL NO. 363(FIN) 01 "An Act relating to salmon product reports and to the sale of fish; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.680 is amended by adding a new subsection to read: 05 (b) A person may not sell salmon that was not harvested under the authority 06 of the entry permit, interim-use permit, or landing permit under which the salmon is 07 sold. 08 * Sec. 2. AS 16.05.690(a) is amended to read: 09 (a) Each buyer of fish shall keep a record of each purchase showing the name 10 or number of the vessel from which the catch involved is taken, the date of landing, 11 vessel license number, pounds purchased of each species, number of each species, and 12 the Department of Fish and Game [WHERE POSSIBLE,] statistical area in which 13 the fish were taken, and other information the department requires. Records may be 14 kept on forms provided by the department. Each person charged with keeping the
01 records shall report them to the department in accordance with regulations adopted by 02 the department [IT]. 03 * Sec. 3. AS 43.80.050(a) is amended to read: 04 (a) A fish processor engaged in the business of selling [THERMALLY 05 PROCESSED] salmon products at wholesale and whose business sells more than 06 1,000,000 [240,000] pounds of [THERMALLY PROCESSED] salmon products at 07 wholesale during a calendar year shall submit to the department during the following 08 calendar year, on a form provided by the department, reports of the prices received for 09 and quantity of salmon products sold at wholesale by the processor or an affiliate 10 of the processor [FOR THE SALE OF THERMALLY PROCESSED SALMON]. Not 11 later than May 31 of each reporting year, a processor shall submit a report for the 12 period January 1 through April 30 of the reporting year. Not later than September 30 13 of each reporting year, a processor shall submit a report for the period May 1 through 14 August 31 of the reporting year. Not later than January 31 of each reporting year, a 15 processor shall submit a report for the period September 1 through December 31 of the 16 reporting year. 17 * Sec. 4. AS 43.80.050(b) is repealed and reenacted to read: 18 (b) A report submitted by a processor under (a) or (c) of this section must 19 include 20 (1) the requested information for the following salmon product forms: 21 (A) thermally processed salmon products; 22 (B) fresh headed and gutted salmon products; 23 (C) fresh fillet salmon products; 24 (D) frozen headed and gutted salmon products; 25 (E) frozen fillet salmon products; 26 (F) salmon roe products; 27 (2) the requested information regarding the total quantity of each 28 salmon product form sold by providing the total number of 29 (A) each size of container in which thermally processed salmon 30 products were sold by the processor or its affiliate; and 31 (B) pounds for each of the other salmon product forms sold by
01 the processor or its affiliate; and 02 (3) for sales to buyers that are not affiliates of the processor, the total 03 quantity of each salmon product form sold by area of production by species, and the 04 wholesale price received. 05 * Sec. 5. AS 43.80.050(c) is amended to read: 06 (c) A sale to an affiliate of the processor may not be included in a report 07 submitted under this section by a processor. However, the processor shall report sales 08 by an affiliate at wholesale of [THERMALLY PROCESSED] salmon products that 09 were [WAS] obtained from the processor. The report must [SHALL] include a 10 description of the products and the total quantity of each salmon product form sold 11 by the affiliate by area of production by species and [BY THE SIZE OF THE 12 CONTAINER IN WHICH THE SALMON IS SOLD AND] the wholesale prices 13 received by the affiliate. 14 * Sec. 6. AS 43.80.050 is amended by adding a new subsection to read: 15 (f) Each fish processor who submits a report under (a) of this section during 16 a reporting year shall also submit an annual report of the quantity of salmon products 17 produced by the processor or an affiliate of the processor between January 1 and 18 December 31 of the reporting year. The report shall be submitted to the department 19 not later than January 31 of the following reporting year. The report must include 20 (1) a description of the products and the total quantity of each salmon 21 product form produced by area of production by species for each of the salmon 22 product forms listed in (b)(1) of this section; and 23 (2) the requested information regarding the total quantity of each 24 salmon product form produced by providing the total number of 25 (A) each size of container in which thermally processed salmon 26 products were produced by the processor or its affiliate; and 27 (B) pounds for each of the other salmon product forms 28 produced by the processor or its affiliate. 29 * Sec. 7. AS 43.80.055 is amended to read: 30 Sec. 43.80.055. Wholesale price averages ; Alaska salmon price report . (a) 31 Based on the information provided in reports submitted under AS 43.80.050, the
01 department shall determine the [STATEWIDE] average wholesale prices paid to fish 02 processors and their affiliates for the sale of [THERMALLY PROCESSED] salmon 03 products . 04 (b) The department shall determine under this section the monthly and annual 05 wholesale price averages for 06 (1) each species of [THERMALLY PROCESSED] salmon for each size 07 of the container in which thermally processed [THE] salmon products are [IS] sold ; 08 (2) each pound of other salmon products by area of production by 09 species by product form . 10 * Sec. 8. AS 43.80.055 is amended by adding a new subsection to read: 11 (c) The department shall publish the average wholesale prices paid for salmon 12 products in a report entitled the "Alaska Salmon Price Report." 13 * Sec. 9. AS 43.80.060 is amended to read: 14 Sec. 43.80.060. Report to the legislature . Not later than March 15 [THE 15 15TH DAY] of each year [REGULAR LEGISLATIVE SESSION], the department 16 shall make available to the legislature a report of [STATEWIDE] average wholesale 17 [THERMALLY PROCESSED SALMON] prices paid for salmon products and a 18 report of the quantity of salmon products produced during the preceding calendar 19 year . The department shall notify the legislature that the report is available. 20 * Sec. 10. AS 43.80.100(5) is amended to read: 21 (5) "reporting year" means the calendar year after the calendar year in 22 which a fish processor's business sells more than 1,000,000 [240,000] pounds of 23 [THERMALLY PROCESSED] salmon products at wholesale ; 24 * Sec. 11. AS 43.80.100(7) is amended to read: 25 (7) "wholesale price" includes all receipts, whether in the form of 26 money, credits, or other consideration, from the sale of a [FINISHED THERMALLY 27 PROCESSED] salmon product at wholesale [LESS THAN RETAIL], without 28 deduction for the costs of property sold, materials used, insurance, labor, services, 29 labeling, transportation, storage, interest, taxes, losses, or any other expense [EXCEPT 30 (A) CASH DISCOUNTS ALLOWED ON SALES, NOT TO 31 EXCEED TWO PERCENT; AND
01 (B) COMMISSIONS ACTUALLY PAID TO INDEPENDENT 02 BROKERS, NOT TO EXCEED FIVE PERCENT]. 03 * Sec. 12. AS 43.80.100 is amended by adding new paragraphs to read: 04 (8) "area of production" means the area in which a salmon product was 05 processed by a fish processor; in this paragraph, "area" means one of the following 06 areas: 07 (A) Southeastern and Yakutat; 08 (B) Prince William Sound; 09 (C) Cook Inlet; 10 (D) Kodiak; 11 (E) Chignik; 12 (F) Aleutian Islands, Atka-Amlia Islands, and Alaska Peninsula; 13 (G) Bristol Bay; or 14 (H) Kuskokwim, Yukon-Northern, Norton Sound-Port Clarence, 15 and Kotzebue; 16 (9) "produce" means to process salmon into a salmon product; 17 (10) "wholesale" means the first sale of a salmon product at wholesale 18 after the fishery business tax was paid or became payable on the salmon from which 19 the salmon product was produced. 20 * Sec. 13. Section 12, ch. 37, SLA 1998, is repealed. 21 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 TRANSITION. The first report required by AS 43.80.050, as amended by secs. 3 - 24 5 of this Act, is due September 30, 2000, must cover the period of May 1, 2000, through 25 August 31, 2000, and must be filed by a fish processor whose business sold more than 26 1,000,000 pounds of salmon products at first wholesale during the 12-month period ending 27 August 31, 2000. 28 * Sec. 15. This Act takes effect September 1, 2000.