WASHINGTON (Saving Seafood) — October 17, 2013 — NOAA Fisheries responded to a letter from former New Bedford Mayor Scott Lang regarding New England Fisheries Management Council (NEFMC) member Tom Dempsey and allegations that Mr. Dempsey's profession outside of his work with the Council might constitute a conflict of interest on Council votes regarding groundfish. NOAA General Counsel Chief Gene Martin responded stating, "I have determined that Mr. Dempsey's votes on Council decisions taken during his tenure at the Council, did not violate federal law."
NEFMC members are subject to federal laws that prohibit voting on Council decisions that would have "a significant and predictable effect" on the interests of that individual. As a Council member, Mr. Dempsey votes on motions that regard cod and other groundfish species, which are targeted by his employer, the non-profit Cape Cod Commercial Fishermen's Alliance (formerly the Cape Cod Commercial Hook Fishermen's Association.)
However, Mr. Dempsey is not considered in violation of federal conflict of interest laws due to an exception for public members of fishery management councils.
Mr. Martin explained: "It [the exception] states that Council members are not covered by general federal law conflict of interest requirement with regard to any interest in a harvesting, marketing, processing, lobbying or advocacy activity that is reported on a NOAA Financial Interest Statement, provided that the matter at issue is not of primarily individual concern and they do not vote on a Council decision which will have an 'expected and substantially disproportionate benefit' on the member's financial interest."
After reviewing the claims in former Mayor Lang's letter, Mr. Martin deemed them inadequate to indicate Mr. Dempsey breached this exception.
Read the letter from former New Bedford Mayor Scott Lang to NOAA General Counsel Chief Gene Martin
Read the response to former Mayor Scott Lang from NOAA General Counsel Chief Gene Martin