Section 15 AAC 116.416 - Common property fishery assessment rate for shellfish(a) A person subject to the common property fishery assessment under AS 16.12.090 shall pay an assessment at a rate determined by the department annually on the projected value of the shellfish taken in a special harvest area that is subject to a common property fishery assessment.(b) The common property fishery assessment rate will be determined annually by the department using one of the following methods:(1) as a fraction, (A) the numerator of which is the projected assessment revenue for the current year; and(B) the denominator of which is the total pounds of shellfish projected to be harvested in the terminal harvest area in the current year that will be subject to the common property fishery assessment, multiplied by the projected regional price per pound of shellfish for the current year that will be subject to the common property fishery assessment;(2) as a flat rate on each pound of shellfish, determined by multiplying the fraction calculated under (1) of this subsection by the projected value of shellfish for the current year that will be subject to the common property fishery assessment.(c) To calculate the projected assessment revenue for purposes of (b)(1)(A) of this section, the department, in consultation under (d) of this section with the hatchery permit holder, will (1) calculate the total estimated amount of the hatchery permit holder's (A) annual debt service to the state;(B) reasonable operating expenses for the year;(C) reasonable maintenance for the year; and(D) additional revenue needed to develop or maintain a reserve fund up to 100 percent of the hatchery permit holder's annual operating costs; and(2) subtract, from the total estimated amount, the estimated amount of income from all sources that the hatchery holder expects to expend to satisfy the estimates under (1)(A) - (D) of this subsection, other than money estimated to be appropriated under AS 16.12.090(e) to the hatchery permit holder.(d) The department will consult with the Department of Commerce, Community, and Economic Development for assistance in identifying current-year market conditions and shellfish market trends. The department will consult with the hatchery permit holder to ensure the projected assessment revenue includes all cost components identified under AS 16.12.090(d). The department will consult with representatives of affected commercial fishermen for assistance in determining the projected regional price per pound of shellfish subject to the common property fishery assessment.Eff 1/21/2024, Register 249, April 2024Authority:AS 16.12.090
AS 43.05.080