Attachment_4_-_Observer_Standard_of_Conduct.pdf

Attachment 4

Observer Standards of Conduct

Definitions

Conflict of Interest: Participation in activities or relationships with other persons, resulting in the impairment or possible impairment of a person’s objectivity in performing work under the contract.

Direct Financial Interest: Any source of income to, or capital investment or other interest held by, an individual, partnership, or corporation or an individual’s spouse, immediate family member or parent that could be influenced or cause to influence the performance or non-performance of duties under the contract.

Observers

1. A Contractor employee is only considered a NMFS certified Observer when employed by a Contractor that holds a contract with NMFS to provide Observer services and is acting within the scope of his/her employment.

2. Observers may not participate in any activity which would:

a. Cause a reasonable person to question the impartiality or objectivity with which the Observer Program is administered

b. Require the Observer’s disqualification from matters so central or critical to the performance of his/her duties that the Observer’s ability to perform the duties would be materially impaired

c. Adversely affect the efficient accomplishment of the Program mission

3. Fishery Observers may not have direct financial interest, other than the provision of

Observer services, in a fishery, including, but not limited to, vessels or shore side facilities involved in the catching or processing of the products of the fishery, companies selling supplies or services to those vessels or shore side facilities, or companies purchasing raw or processed products from these vessels or shore side facilities. PROP

Observers may not have direct financial interest, other than the provision of Observer services, in an oil/gas company, oil service company (including explosive and non-explosive severance companies), salvage companies and their contractors and suppliers.

The interests of a spouse or minor child are considered those of the Observer.

4. Observers may not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan or anything of monetary value from anyone who conducts activities that are regulated by NMFS, or who has interests that may be substantially affected by the performance or nonperformance of the Observer’s official duties.

5. Observers may not serve as Observers on any vessel or at any shore side facility owned or operated by a person who previously employed the Observer in any capacity.

6. Fishery Observers may not solicit or accept employment as a crew member or an employee of a vessel or shore side processor in any fishery while assigned as an

Observer. PROP Observers may not solicit or accept employment with any oil or service company while assigned as an Observer.

7. A person may not serve as a Fishery Observer in a fishery during the 3 consecutive months following the last day of the Observer’s employment as a paid crew member or employee in that fishery.

8. Observers may not engage in an activity that may give rise to the appearance of a conflict of interest that may cause another individual to question the Observer’s impartiality, fairness or judgment.

Observers must avoid any behavior that could adversely affect the confidence of the public in the integrity of the Observer Program or of the Government, including, but not limited to the following:

1. Observers must diligently perform their duties.

2. Observers must accurately record their sampling data, write complete reports. If the

Observer chooses to report any suspected violations of regulations relevant to conservation of marine resources or their environment that they observe.

3. Observers must not disclose collected data and observations made on board the vessel or in the processing facility to any person except the owner or operator of the observed vessel or processing facility, an authorized officer or NMFS.

4. Observers must refrain from engaging in any illegal actions or any activities that would reflect negatively on their image as professional scientists, on other Observers, or the

Observer Program, as a whole. This includes, but is not limited to:

a. Engaging in excessive drinking of alcoholic beverages

b. Engaging in the use or distribution of illegal substances

c. Becoming physically or emotionally involved with vessel, oil or service company, or processing facility personnel