32 



Fishery Conservation and Manogomont 



which might affect that interest, if 

 that interest has been disclosed in a 

 report filed under i 601.37. 



(5) No Council member, employee of 

 a Council, or member of a Council ad- 

 visory group may use or allow the use. 

 for other than official purposes, of in- 

 formation obtained through or in con- 

 nection with his or her Council em- 

 ployment that has not been made 

 available to the general public. 



(6) No Council member or employee 

 of the Council may engage in criminal, 

 infamous, dishonest, notoriously im- 

 moral or disgraceful conduct. 



(7) No Council member or employee 

 of the Council may use Council prop- 

 erty on other than official business. 

 Such property must be protected and 

 preserved from improper or deleteri- 

 ous operation or use. 



(8) No Council member may partici- 

 pate— 



(I) Personally and substantially as a 

 member through decision, approval, 

 disapproval, recommendation, the ren- 

 dering of advice. Investigation, or oth- 

 erwise In a particular matter primarily 

 of Individual concern, such as a con- 

 tract. In which he or she has a finan- 

 cial Interest; or 



(ID In any matter of general public 

 concern which is likely to have a 

 direct and predictable effect on a 

 member's financial interest unless 

 that Interest is In harvesting, process- 

 ing, or marlcetlng activities and has 

 been disclosed In a report filed under 

 i 601.37. For purposes of this subsec- 

 tion, the member's financial Interest 

 Includes that of the member's spouse, 

 minor child, partner, organization In 

 which the member is serving as offi- 

 cer, director, trustee, partner or em- 

 ployee, or any person or organization 

 with whom the member is negotiating 

 or has any arrangement concerning 

 prospective employment. 



§601.36 Removal. 



The Secretary may remove for cause 

 any Secretarlally appointed member 

 of a Council In accordance with sec 

 tlon 302(b)(5) of the Magnuson Act 

 wherein the Council concerned first 

 recommends removal by not less than 

 two-thirds of the voting members. A 

 removal recommendation of a Councfl 

 must be In writing and accompanied 



§ 601.38 



by a statement of the reasons upon 

 which the recommendation is based. 



§601.37 Financial disclosure. 



(a) The Magnuson Act requires the 

 disclosure by Council nominees, voting 

 members appointed to the Council by 

 the Secretary, and Executive Directors 

 of any financial interest of the report- 

 ing individual in any harvesting, proc- 

 essing, or marketing activity that Is 

 being, or will be. undertaken within 

 any fishery under the Jurisdiction of 

 the individual's Council or of any such 

 financial interest of the reporting indi- 

 vidual's spouse, minor child, partner, 

 or any organization (other than the 

 Council) In which that individual Is 

 serving as an officer, director, trustee, 

 partner, or employee. The information 

 required to be reported must be dis- 

 closed on NOAA Form 88-195. "State- 

 ment of Financial Interests for Use by 

 Voting Members. Nominees and Exec- 

 utive Directors of Regional Fishery 

 Management Councils," or such other 

 form as the Secretary, or designee, 

 may prescribe. The report must be 

 filed by nominees for Secretarial ap- 

 pointment before the date of appoint- 

 ment as prescribed by the Secretary. 

 Voting members appointed by the Sec- 

 retary and Executive Directors must 

 file the report with the Executive Di- 

 rector of the appropriate Council prior 

 to taking office. Individuals must 

 update the form at any time a report- 

 able financial Interest Is acquired or 

 the financial Interests are otherwise 

 substantially changed. The Informa- 

 tion required to be submitted will be 

 kept on file, and made available for 

 public inspection at reasonable hours 

 at the Council offices. A copy of the 

 form may be obtained from the appro- 

 priate Regional Office. 



(b) The provisions of 18 U.S.C. 208 

 do not apply to an Individual who has 

 filed a financial report under this sec- 

 tion regarding an interest that has 

 been reported. 



§601.38 Security investl^tions and clear- 

 ances. 



(a) Access to security classified mate- 

 rial Is governed by security regulations 

 and procedures Issued pursuant to 

 E.O. 12356. 3 CFR part 166 (1982 



13 



