Forrest Bowers, Acting Director of ADF&G Commercial FIsheries Division Photo: City and Borough of Juneau
The Bering Sea Fishermen’s Association has formally requested the Alaska Dept. of Law to conduct an ethics review of the recent appointment of Forrest Bowers, Deputy Commissioner for the Alaska Department of Fish and Game (ADF&G), to a public seat on the North Pacific Fishery Management Council (NPFMC). Bowers was selected for the seat last month by US Commerce Secretary Howard Lutnick. His three-year term begins in August.
In its July 10 Notice of a Potential violation of the Executive Branch Ethics Act, the Bering Sea group is asking for an inquiry into whether or not Bowers is ethically and/or legitimately eligible for the seat. ADF&G already holds a voting seat on the Council via Commissioner Doug Vincent-Lang. Bowers appointment effectively grants the Commissioner a second vote on the Council, undermining the balance of representation mandated by the MagnusonStevens Act.
“This is in direct response to Secretary Lutnik’s decision to select a staff member of the ADF&G for a public seat on the NPFMC when Bowers almost literally cannot act or vote against the Commissioner’s wishes. We are vehemently against this appointment,” Karen Gillis, BSFA ececutive director, said via email.
ADF&G has an established “one voice” policy, which generally restricts employees from expressing views inconsistent with official department doctrine.
“It is reasonable to conclude that Mr. Bowers cannot maintain the independence required of an at-large Council member while bound by the agency’s chain of command and “one voice” policy,” the BSFA letter states adding, “If allowed to assume a seat, and proceed to vote on matters before the NPFMC, serious ethics violations will result.”
His appointment also raises significant concerns regarding compliance with the Ethics Act which restricts outside employment or service that is “incompatible or in conflict with the proper discharge of official duties.”
“Given the substantial time commitments required by the NPFMC, there is a clear public interest in your office determining whether this service compromises Mr. Bowers’ capacity to fully discharge his duties as Deputy Commissioner,” the BSFA letter tells the Attorney General.
It adds that the overlap between state regulatory functions and federal Council decision-making creates risks regarding misuse of state resources, the potential use of state time, staff, legal support and data to prepare for NPFMC matters, the difficulty of distinguishing between state-sanctioned positions and personal voting stances on the Council, and the risk of utilizing confidential or un-disseminated ADF&G data to influence federal policy.
BSFA requests that the Department of Law investigate whether this appointment adheres to numerous procedural requirements and asks how the State intends to document and enforce compliance with the Ethics Act. It also asks for clear guidelines that Mr. Bowers must follow if and when he is seated on the Council. Has Mr. Bowers filed the required Outside Employment or Service disclosure specifically noting this federal appointment? Are there strict audit trails, including timesheet reconciliation logs, to ensure 100% separation between state-paid hours and NPFMC-reimbursed duties?
The Bering Sea group says it “cannot imagine how a Deputy Commissioner can prepare for and attend at least 5 weeks of meetings without adversely impacting his ability to fulfill all his job duties, or how this commitment cannot inherently utilize state resources.”
It points out that Bowers, for example, will not be able to use his state-provided computers, email addresses, and phone in any way related to NPFMC business. Because the NPFMC works closely with ADF&G on fishery matters, it will be impossible for Bowers to use his independent judgment on federal matters that will impact the state’s fisheries he also manages in his official capacity. For example, he cannot vote in support of the NPFMC removing caps on salmon trawl bycatch in the Bering Sea while simultaneously managing state-regulated commercial fisheries for sustained yield and common use of those same salmon as required by the state constitution.
BSFA says that if Bowers cannot guarantee that he: 1) will exercise his independent judgment on matters before the Council even if it differs from official State policy; 2) refuses to accept any per diem or other compensation; 3) will use his personal leave to attend and prepare for meetings; 4) will not use any State resources, and 5) that his service will in no way impact the time and commitment necessary to fulfilling his responsibilities as Deputy Commissioner, the Attorney General’s office should advise him to decline appointment to this federal panel.
