United States Department of Agriculture

Animal and Plant Health Inspection Service

Wildlife Services Directive 

WS 4.120

7/11/2019 

EMPLOYEE RESPONSIBILITIES AND CONDUCT

1. PURPOSE

To provide guidance to Wildlife Services (WS) personnel related to official capacity and 

personal capacity conduct. 

2. REPLACEMENT HIGHLIGHTS

This Directive replaces WS Directive 4.120, dated, May 11, 2016. 

3. AUTHORITY

a. 7 U.S.C. 8351 to 8353, and 16 U.S.C. 667, authorizes officers, agents, and employees 

of the United States Department of Agriculture (USDA), Animal and Plant Health 

Inspection Service (APHIS), Wildlife Services (WS) to conduct a program of wildlife 

services and to enter into agreements with states, local jurisdictions, individuals, and 

public and private agencies, organizations, and institutions for the purpose of 

conducting such services.

b. 5 C.F.R. Part 2635 contains the Standards of Ethical Conduct for Executive Branch 

Employees which require that all employees adhere to certain required ethical 

standards to avoid criminal conflicts of interest and to avoid the appearance of a loss 

of their impartiality as public servants. 

c. 5 C.F.R. Section 8301.102 which requires prior approval for certain outside 

employment.

d. Authority to promulgate a policy addressing employee responsibilities is pursuant to 

U.S. Department of Agriculture (USDA) Departmental Regulation 4070-735-001, 

dated October 2007. 

4. POLICY

a. WS personnel will not use their position as Government employees to obtain any 

special non-public information or privilege which can be used for personal gain from 

any individual, Government agency, organization, or employee if that information or 

privilege is not also available to the general public. 
Wildlife Services Directive 4.120 2

b. WS personnel will not conduct official WS operational, training, research or other 

program delivery activities (excluding activities such as telework and equipment 

maintenance) on property that is owned or leased by WS personnel or immediate 

family members of WS personnel without the prior written approval of the Regional 

Director or National Wildlife Research Center Director, and with concurrence from 

the WS Deputy Administrator.

c. WS personnel will not keep, sell, barter, or consume wildlife captured or killed as 

part of their official duties, per WS Directive 2.510, Fur, Other Animal Parts, and 

Edible Meat.

d. WS personnel will not engage in outside employment or other activities, whether or 

not for compensation, that conflict with official duties.

e. Pursuant to 5 C.F.R. Section 8301.102 (entitled: Prior approval for outside 

employment), personnel who are required to file an Office of Government Ethics 

(OGE) Form 278, Executive Branch Personnel Public Financial Disclosure Report, an 

OGE Form 450, Confidential Financial Disclosure Report, or an alternate form which 

has been approved by OGE, must seek and receive prior supervisory approval before 

engaging in outside employment or outside activities. All such requests must be 

submitted using the Office of Ethics Form OE-101. This form is available on 

USDA’s Office of Ethics website at: 

https://www.ethics.usda.gov/forms/USDA%20OE-101.pdf

f. Personnel other than those who must file financial disclosures as referenced in 

paragraph (4e) above, are strongly encouraged to consult with their supervisor prior 

to engaging in any outside employment or activities. While prior consultation with 

the employee’s supervisor is often prudent and is preferred to avoid potential issues, 

there is no requirement to obtain prior approval.

5. DEFINITIONS

a. Agency: The Animal and Plant Health Inspection Service (APHIS).

b. Immediate Family Member: Includes spouse and parents thereof; children and 

spouses thereof; parents and spouses thereof; siblings and spouses thereof; 

grandparents and grandchildren and spouses thereof; domestic partner and parents 

thereof, including domestic partners of any individual listed in this definition, and any 

individual related by blood or affinity whose close association with the employee is 

the equivalent of a family relationship.

c. Official Capacity: Performance of actions that are approved or authorized by WS, and 

that fall within the authority vested in WS personnel by virtue of their status as a 

federal or non-federal employee, volunteer, or intern, while conducting official WS 

duties under the supervision of WS.
Wildlife Services Directive 4.120 3

d. Outside Employment/Activity: Any form of non‐federal employment or business 

relationship or activity involving the provision of personal services by the employee 

for direct, indirect, or deferred compensation other than reimbursement of actual and 

necessary expenses. It also includes, irrespective of compensation, the following 

outside activities: 

(1.) Providing personal services as a consultant or professional, including service as a 

witness or as an attorney; and, 

(2.) Providing personal services to a for‐profit entity as an officer, director, 

employee, agent, attorney, consultant, contractor, general partner, or trustee, 

which involves decision making or policymaking for the non‐federal entity, or 

the provision of advice or counsel.

e. Personal Capacity: Performance of actions on behalf of, and for the benefit of the 

individual employee, and not under WS supervision.

f. WS Employee or Personnel: Includes federal and non-federal employees, volunteers, 

interns who conduct official WS duties under the supervision of WS.

6. RESPONSIBILITIES

a. Each WS employee is responsible for complying with federal laws, rules, and 

regulations.

b. This Directive supplements the U.S. Department of Agriculture Departmental 

Regulation 4070-735-001, Employee Responsibilities and Conduct, and is not in 

conflict with any provision thereof.

(1.) WS personnel are responsible for complying with the Federal Criminal Conflict 

of Interest Statute, U.S. Code, Title 18, Section 208, which prohibits an 

executive branch employee from participating personally and substantially in a 

particular Government matter that will affect that employee’s own financial 

interests, as well as the financial interests of the employee’s spouse or minor 

child; the employee’s general partner; an organization in which the employee 

serves as an officer, director, trustee, general partner or employee; and a person 

with whom the employee is negotiating for or has an arrangement concerning 

prospective employment. No provision of this directive provides any WS 

employee the authority to violate, or cause any WS personnel to violate, any 

federal criminal statutes, including those contained in Title 18 of the U.S. Code.

(2.) WS personnel are responsible for complying with Departmental Regulation 

4070-735-001. In the event that the WS Directive conflicts with a provision in 

Departmental Regulation 4070-735-001, the Departmental Regulation prevails. 
Wildlife Services Directive 4.120 4

c. Employees who have questions regarding the content of this Directive will consult 

with their supervisors or with a USDA Ethics Specialist in the Office of Ethics. Any 

question or issue that cannot be satisfactorily addressed by a supervisor should be 

submitted up the supervisory chain, or submitted directly to a USDA Ethics 

Specialist.

d. When an employee notifies a supervisor with questions regarding a potential conflict 

or other ethics question, WS supervisors must timely consider an employee’s 

proposed personal conduct activities and inform the employee if a potential conflict 

with the employee’s official position exists. Supervisors should consult with the 

USDA Office of Ethics to discuss any potential conflict of interest or other Ethics 

concerns. Supervisory consideration may be prompted if:

(1.) The employee requests that the supervisor consider the matter, or

(2.) The supervisor considers the matter based on his/her knowledge of the 

employee’s proposed activities and the employee’s job duties and 

responsibilities. 

7. SCOPE

This Directive is applicable to all WS personnel and programs.

8. REFERENCES

a. Ethics in Government Act of 1978 (Public Law 95-521).

b. Standards of Ethical Conduct for Employees of the Executive Branch, 5 C.F.R. Part 

2635.

c. 5 C.F.R. 8301.102 - Prior Approval for Outside Employment.

d. U.S. Department of Agriculture Departmental Regulation 4070-735-001, Employee 

Responsibilities and Conduct, dated October 4, 2007

Janet L. Bucknall

Deputy Administrator