Section 5.39.142. 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 crewmember 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		(3) repealed 12/26/97;  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.  

Authorities

16.05.251

Notes

Reference

5 AAC 39.144
5 AAC 39.645

Authority

AS 16.05.251

History

Eff. 10/1/88, Register 107; am 7/30/89, Register 111; am 9/19/90, Register 115; am 6/24/93, Register 126; am 12/26/97, Register 144; am 7/21/99, Register 151; am 8/24/2002, Register 163; am 9/11/2002, Register 163