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NAO
202-735A
COMMERCIAL
FISHING BY NOAA EMPLOYEES
Issued
06/02/88; Effective 05/20/88
SECTION
1. PURPOSE.
.01 This directive prescribes NOAA policy and the
approval process for commercial fishing activities
by employees which might constitute a conflict of interest.
.02
This reissuance contains no change in current NOAA
policy on this subject.
SECTION
2. BACKGROUND.
The
National Marine Fisheries Service (NMFS) provides
important financial, regulatory and research services
to the nation's fishing industry. Because of their
interest and expertise, many NOAA employees have been
drawn from the commercial fishing industry. Moreover,
many agency employees have access to data or information
concerning fish abundance, location, market demand,
and other factors which could be misused for personal
profit if not properly controlled or which could appear
to the general public to be misused.
SECTION
3. POLICY.
.01 It is NOAA policy that no employee shall sell
marine or anadromous fish or otherwise receive compensation
from the private activity of fishing unless it has
been determined, in writing, by the appropriate NMFS
Regional Director or the NMFS Executive Director that
the employee (1) does not make recommendations concerning
the regulation of the species of fish involved, and (2) does not have access to confidential data or information
concerning the abundance, location, or market demand
for the species of fish involved.
.02
Besides these restrictions on the sale of fish, there
are several other statutory or regulatory provisions
which will restrict NOAA employees from having financial
ties to the fishing industry. Investment in, or employment
by, activities regulated or provided financial assistance
by the agency is governed by Departmental regulations
found in 15 CFR Part O. The statutory restrictions
are listed in Appendix A to that section. These regulations
and statutes, which apply to all Department employees,
place limitations on certain outside activities, use
of Government information, and acceptance of gifts,
among other things. The absence of specific guidance
on other possible employee relationships with the fishing
industry does not imply that any relationship is approved
or condoned. Further guidance should be sought from
the Office of the Assistant General Counsel for Administration,
Department of Commerce on 377-5387, before any employee
concludes that he or she may derive financial benefit
from any outside activity related to fishing.
SECTION
4. SCOPE.
.01 This policy applies to all employees in the National
Marine Fisheries Service and those whose duties substantially
include NMFS matters, including employees of NOAA General
Counsel and other NOAA staff offices.
.02
The financial interests of a spouse or minor child
are attributable to an employee under this policy.
This policy applies whether or not the employee holds
or could obtain a Federal, State or local license or
permit otherwise authorizing the sale of fish.
SECTION
5. EXAMPLES.
.01 Employee A is a maintenance technician at an NMFS
laboratory. When not on duty, he desires to fish and
sell his catch to supplement his Federal salary. This
activity may be approved by the Regional Director.
.02
Employee B is a marine biologist at an NMFS laboratory
responsible for predicting the abundance of salmon
during the upcoming season. She has access to confidential
data submitted to the agency by salmon fishermen. She
and her husband own a vessel and wish to catch and
sell salmon during their vacation. This activity may
not be approved by the Regional Director for either
the employee or her husband. If the employee or her
husband desire to catch and sell another species of
fish, the Science and Research Director may authorize
the activity if the employee does not have access to
confidential data or information concerning the other
species.
SECTION
6. EFFECT ON OTHER ISSUANCES.
This directive supersedes NOAA Directives Manual (NDM)
89-01 dated November 11, 1983.
SIGNED,
Assistant Administrator,
National Marine Fisheries Service
SIGNED,
Office of Administration
Office of Primary Interest:
Management and Budget Staff, NMFS (F/MB)
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