Sec. 3 AAC 149.010 - Qualification criteria

ยง 3 AAC 149.010. Qualification criteria

(a) To qualify as a regional seafood development association, an organization must demonstrate that it meets the qualification criteria set out in AS 44.33.065(a)(1) - (4).

(b) To demonstrate that the organization is established for the purposes set out in AS 44.33.065(a)(1), the organization must submit, as part of its application submitted under 3 AAC 149.030(b), a business plan describing in detail

(1) the organization's overall mission and purpose;

(2) information about the qualifications of individuals serving in management position; that information must include

(A) the membership of the board of directors;

(B) a description of the experience of each individual serving in a management position; and

(C) an organization chart;

(3) economic development goals and strategies that show how the organization will meet the purposes set out in AS 44.33.065(a)(1);

(4) estimated seafood development taxes to be levied under AS 43.76.350-43.76.399 within each seafood development region to be represented by the organization; and

(5) estimated expenses, including administrative expenses.

(c) To demonstrate that it can provide representation on the board of directors as required by AS 44.33.065(a)(2), and as part of its application submitted under 3 AAC 149.030(b),

(1) the organization must list the number of seats on the board of directors;

(2) the organization must describe in detail

(A) the process by which members of the board of directors are to be elected; and

(B) how the election process for the board of directors will provide representation on the board of directors for each fishery

(i) subject to a seafood development tax levied under AS 43.76.350-43.76.399; and

(ii) in each seafood development region for which the organization seeks designation as a qualified regional seafood development association; and

(3) if the organization proposes to allocate seats on the board of directors according to the portion paid by each represented fishery of the total seafood development taxes estimated to be levied under AS 43.76.350-43.76.399, the organization must demonstrate that the allocation accurately corresponds to the portion paid by each represented fishery of the total seafood development taxes.

(d) To demonstrate that it has met the membership criteria in AS 44.33.065(a)(3), the organization must describe, in its application submitted under 3 AAC 149.030(b), how the organization will provide notice sufficient to reach persons identified in AS 44.33.065(a)(3) in each seafood development region for which the organization seeks designation as a qualified regional seafood development association.

(e) To demonstrate that it is organized as a nonprofit corporation as required in AS 44.33.065(a)(4), the organization must provide, as part of its application submitted under 3 AAC 149.030(b), a copy of its

(1) certificate of incorporation;

(2) articles of incorporation;

(3) bylaws;

(4) administrative policies and procedures that address board of directors structure, procurement activities, financial accountability, and election process;

(5) federal tax identification number; and

(6) determination by the United States Internal Revenue Service that the organization is exempt under 26 U.S.C. 501(c) from paying federal income tax; if the organization has not obtained tax-exempt status, but can demonstrate that the organization has met all other requirements under this section and has applied for tax-exempt status, the department will waive the requirement of this paragraph; however, an organization that receives a waiver is subject to the withholding requirement of 3 AAC 149.070(b).

(Eff. 2/24/2005, Register 173)

Authority:AS 44.33.065

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