5 AAC 39.142 - Conflict of interest standards for onboard observers and independent contracting agents
(a) A department approved fisheries onboard
observer
(1) must be employed by
(A) an independent contracting agent who has
been certified by the department; or
(B) the department;
(2) may not have a financial interest in the
observed fishery;
(3) may not have
a personal interest in the vessel to which he or she is assigned;
(4) may not serve as a crew member or
processing worker on the vessel to which he or she is assigned;
(5) may not solicit, accept, or receive,
directly or indirectly, a gift, whether in the form of money, service, loan,
travel, entertainment, hospitality, employment promise, or in any other form,
that is a benefit to the observer's personal or financial interests, under
circumstances in which it could be reasonably inferred that the gift is
intended to influence the performance of official duties, actions, or
judgment;
(6) may not have been
convicted of a misdemeanor or felony involving fraud, dishonesty, an "offense
against the person" in violation of AS 11.41, arson under
AS
11.46.400, or a fish and game misdemeanor or
fish and game infraction with a penalty in excess of $300 for a period of seven
years preceding application to the onboard observer program;
(7) may not have a personal or financial
interest, other than that of the observer's employee relationship, in the
entity that employs the observer;
(8) may not spend more than 90 days on board
any one vessel in 12 consecutive months, unless the 90-day limitation is waived
by the department for good cause, except that an onboard observer may spend up
to 120 days on board any one vessel in 12 consecutive months during a crab
fishery that is 75 days or longer in duration;
(9) may be assigned to a vessel only upon
approval by the department.
(b) An independent contracting agent who
provides onboard observers
(1) may not be an
individual, partnership, or corporation with a personal or direct financial
interest in the proceeds of any vessel licensed to process or harvest in the
affected fishery, other than the provision of observers;
(2) shall assign observers to vessels without
regard to requests from vessel owners or operators for a specific
individual;
(3) repealed
12/26/97;
(4) may not knowingly or
negligently hire as an observer an individual who has a personal or financial
interest, other than that of the observer's employee relationship, with the
contracting agent;
(5) may not hire
an observer on a commission basis;
(6) shall for each observer assignment to a
vessel, submit to the department, upon request, a written statement, signed by
the contracting agent under oath and subject to applicable criminal penalties,
stating that the contracting agent does not have a personal interest and does
not have a direct or subsidiary financial interest in the vessel or in fishing
activities of the vessel;
(7) shall
obtain and submit to the department, upon request, for each observer assignment
to a vessel, a written statement, signed by the vessel owner, operator, or
owner's agent, under oath and subject to applicable criminal penalties, stating
that the vessel owner or operator does not have a personal interest and does
not have a direct or subsidiary financial interest in the contracting
agent.
(c) In this
section
(1) "financial interest" means any
source of income to, or a capital investment held by, an individual or the
individual's spouse or blood relation up to and including the second degree of
kindred;
(2) "personal interest"
means an interest held or involvement by an individual, partnership, or
corporation, or an individual's immediate family member or parent, including
membership in any organization from which, or as a result of which, a person or
organization receives a benefit.
Notes
Authority:AS 16.05.251
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