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tribe or to selling such fish but only if substantially
all of such harvesting was performed by members of such
tribe.
(2) Recognized fishing rights.--The term
"recognized fishing rights" means, with respect to an
Indian tribe, fishing rights secured as of March 17,
1988, by a treaty between such tribe and the United
States or by an Executive order or an Act of Congress.
(3) Qualified Indian entity.--
(A) In general.--The term "qualified
Indian entity" means, with respect to an
Indian tribe, any entity if--
(i) such entity is engaged in
a fishing rights-related activity
of such tribe,
(ii) all of the equity
interests in the entity are owned
by qualified Indian tribes, members
of such tribes, or their spouses,
(iii) except as provided in
regulations, in the case of an
entity which engages to any extent
in any substantial processing or
transporting of fish, 90 percent or
more of the annual gross receipts
of the entity is derived from
fishing rights-related activities
of one or more qualified Indian
tribes each of which owns at least
10 percent of the equity interests
in the entity, and
(iv) substantially all of the
management functions of the entity
are performed by members of
qualified Indian tribes.
For purposes of clause (iii), equity interests owned by
a member (or the spouse of a member) of a qualified
Indian tribe shall be treated as owned by the tribe.
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Last modified: May 25, 2011