Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18401 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1523 and 1552 

[EPA–HQ–OARM–2007–0102; FRL–8297–8] 

EPAAR Prescription and Solicitation 

Provision—EPA Green Meetings and 

Conferences 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revising the EPA 

Acquisition Regulation (EPAAR) to 

establish policy and procedures for 

acquiring environmentally preferable 

meeting and conference services. This 

EPAAR revision adds a prescription and 

solicitation provision that Agency 

employees are required to use when 

soliciting quotes or offers for meeting 

and conference space and services. The 

solicitation provision requires meeting 

and conference venues to provide EPA 

with information about environmentally 

preferable features and practices in use 

at their facilities. As stated in the 

Federal Acquisition Regulation (FAR), 

environmentally preferable products 

and services are those ‘‘that have a 

lesser or reduced effect on human 

health and the environment when 

compared with competing products or 

services that serve the same purpose.’’

The intent of this rule is to ensure that 

environmental preferability is 

considered in each purchase of 

commercial meeting and conference 

services, which furthers the EPA 

mission to protect human health and the 

environment. This action revises the 

EPAAR, but does not impose any new 

requirements on Agency contractors. 

The procedure requires Agency 

employees to request information from 

prospective meeting venues about their 

environmentally preferable (green) 

practices for consideration in the award 

decision, thus encouraging the industry 

to adopt more of these practices so that 

we will be more likely to do business 

with them. This rule imposes no 

requirement or standard that a facility 

must meet in order to do business with 

us. 

DATES: This final rule is effective on 

May 1, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OARM–2007–0102. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the OEI Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OEI Docket is (202) 566–

1752. 

FOR FURTHER INFORMATION CONTACT: 

Tiffany Schermerhorn, Policy, Training 

and Oversight Division, Office of 

Acquisition Management, Mail Code 

3802R, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; e-mail address: 

schermerhorn.tiffany@epa.gov, 

telephone (202) 564–9902. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

The EPAAR additions are necessary 

so that the Agency can ensure that 

environmental preferability is 

considered in all purchases of 

commercial meeting and conference 

services. The new solicitation provision 

will not impose a substantial additional 

burden on meeting venues since they 

currently submit quotes or offers to the 

Agency in response to solicitations for 

meeting and conference services, and 

the rule will allow the information to be 

obtained electronically or orally when 

appropriate to the acquisition. The 

EPAAR changes are consistent with the 

FAR. 

II. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This rule 

does not impose any new information 

collection or other requirements on 

Agency contractors. Collection of 

information from prospective 

contractors via Agency solicitation is 

covered under existing active clearances 

OMB 9000–0136, Commercial Item 

Acquisitions—FAR Sections Affected: 

Part 12; 52.212–1 and 52.212–3, a 

Federal Acquisition Regulation 

clearance, in the case of commercial 

item simplified acquisitions; and OMB 

2030–0006, Invitations for Bids and 

Request for Proposals (IFBs and RFPs), 

an EPA clearance, in the case of sealed 

bid or negotiated procurements. These 

clearances allow information to be 

collected from a quoter or offeror with 

the purpose of evaluating its capabilities 

for performing the contract 

requirements. In the case of this 

regulation, one of EPA’s requirements is 

to purchase environmentally preferable 

meeting and conference services to the 

greatest extent practicable, so we will 

need to solicit from each facility a 

technical description of 

environmentally preferable measures it 

has in place. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This rule will not impose any 

new requirements on small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal 

agencies to assess the effects of their 

regulatory actions on State, local, and 

tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 


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with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector. The rule imposes no 

enforceable duty on any State, local or 

tribal governments or the private sector. 

Thus, today’s rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

E. Executive Order 13132 (Federalism) 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. Thus, Executive 

Order 13132 does not apply to this rule. 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have tribal implications, as specified in 

Executive Order 13175. It will not have 

substantial direct effects on tribal 

governments, or on the relationship 

between the Federal government and 

Indian tribes, as specified in Executive 

Order 13175. The final rule amends 

acquisition regulations that are 

administrative and procedural in nature. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This rule is not subject to Executive 

Order 13045 because it is not an 

economically significant rule as defined 

by Executive Order 12866, and because 

it does not involve decisions on 

environmental health or safety risk. 

H. Executive Order 13211 (Energy 

Effects) 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355 (May 22, 2001)) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act of 1995 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. EPA welcomes 

comments on this aspect of the 

rulemaking and, specifically, invites the 

public to identify potentially applicable 

voluntary consensus standards and to 

explain why such standards should be 

used in this regulation. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. While this rule establishes 

a procedure that will require Agency 

employees to request information from 

prospective meeting venues about their 

environmentally preferable (green) 

practices for consideration in the award 

decision, it imposes no requirement or 

standard that a facility must meet in 

order to do business with us, so it does 

not directly affect the level of protection 


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provided to human health or the 

environment. 

K. Submission to Congress and the 

General Accounting Office 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective on May 1, 2007. 

III. Response to Comments 

We received comments from three 

commenters during the official 

comment period for the February 23, 

2007 proposal. Minor revisions to the 

proposed language were made in 

response to these comments. The 

comments are summarized below in the 

order we received them along with 

EPA’s responses. 

Comment. The first commenter stated 

that meetings should be held on 

netmeeting software or by 

teleconference because travel for face-toface meetings is costly and creates 

unnecessary pollution. 

Response. Noted. The comment 

makes valid points as to the direction 

the Agency should go in minimizing 

travel through the use of 

telecommunication technology where 

feasible. EPA is keenly aware of its own 

environmental impact, and over time 

continues to seek new ways to minimize 

this impact, as well as reduce its burden 

on appropriated taxpayer funds. 

However, this rulemaking action revises 

Agency acquisition guidance, so any 

change to our travel policies are beyond 

the scope of this particular rule. 

Comment. The second commenter 

expressed support for the proposed rule, 

but suggested that it could be stronger 

if environmentally preferable features 

were taken into account when deciding 

on a vendor for micropurchases. 

Response. Partially concur. The rule 

requires that environmentally preferable 

features are considered in all purchases, 

including micropurchases. However, 

requiring at micropurchase level that 

environmental preferability must be 

used as an evaluation factor in selecting 

among competing venues would be 

inconsistent with the FAR. The 

procedure for micropurchases in 

paragraph (c) of 1523.703–1 requires use 

of the solicitation provision so that 

information on a meeting venue’s 

environmental preferability may be 

considered, but no competition among 

vendors or best value determination is 

required. The procedure is consistent 

with micropurchase guidelines 

established in the FAR (13.202) in that 

it states that environmentally preferable 

meeting facilities must be purchased to 

the greatest extent practicable, but does 

not require solicitation of competitive 

quotations for micropurchases. 

Comment. The second commenter 

also suggests revising the rule to include 

a question on the sourcing of food in the 

solicitation provision. For example, 

does the vendor make an effort to source 

food from local growers, thereby 

reducing the environmental impact of 

shipping large quantities of food long 

distances? 

Response. Concur. EPA agrees that 

this is an important point to consider in 

evaluating vendor environmental 

performance, and has revised the 

language in the 1552.223–71 solicitation 

provision questions to incorporate this 

principle. 

Comment. The third commenter 

expressed support for EPA’s leadership 

and innovation in establishing a green 

meetings and conferences contracting 

program, but suggests that EPA add the 

following question to the solicitation 

provision in order to promote the use of 

biobased products under the Farm 

Security and Rural Investment Act: Do 

you use biobased or biodegradable 

products, including biobased 

cafeteriaware? Please describe. 

Response. Concur. EPA agrees that 

this is an important point to consider in 

evaluating vendor environmental 

performance, and has revised the 

language in the 1552.223–71 solicitation 

provision questions to incorporate this 

principle. 

Dated: April 5, 2007. 

John C. Gherardini, III, 

Acting Director, Office of Acquisition 

Management. 

List of Subjects in 48 CFR Parts 1523 

and 1552 

Environmental protection, 

Government procurement. 

■ For the reasons set forth in the 

preamble, chapter 15 of title 48 Code of 

Federal Regulations, parts 1523 and 

1552 are amended as follows: 

PART 1523—ENVIRONMENTAL, 

CONSERVATION, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 1. The authority citation for 48 CFR 

part 1523 continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

■ 2. Add Subpart 1523.7 to read as 

follows. 

Subpart 1523.7—Contracting for 

Environmentally Preferable Products 

and Services 

Sec. 

1523.703 Policies and procedures. 

1523.703–1 Acquisition of environmentally 

preferable meeting and conference 

services. 

§ 1523.703 Policies and procedures. 

§ 1523.703–1 Acquisition of 

environmentally preferable meeting and 

conference services. 

(a) Scope. This section establishes 

policy and procedures for acquiring 

environmentally preferable meeting and 

conference services. For purposes of this 

section, the term ‘‘contracting officer’’

refers to any EPA employee with 

purchasing authority. For the purposes 

of this section, the term ‘‘meeting and 

conference services’’ refers to any 

purchase by an EPA employee of the use 

of off-site commercial facilities for an 

EPA event, whether the event is a 

meeting, conference, training session, or 

other purpose. 

(b) Policy. Contracting officers must 

purchase environmentally preferable 

meeting and conference services to the 

greatest extent practicable. 

Environmental preferability is defined 

at FAR 2.101. Environmental 

preferability shall be considered in all 

purchases of meeting and conference 

services. 

(c) Procedures for micropurchases. 

The contracting officer shall request 

information on environmentally 

preferable features and practices from 

each meeting and conference services 

vendor solicited using the provision or 

language substantially the same as the 

provision at 1552.223–71. 

(d) Procedures for purchases 

exceeding micropurchase threshold. 

The contracting officer shall request 

information on environmentally 

preferable features and practices from 

each meeting and conference services 

vendor using the provision or language 

substantially the same as the provision 

at 1552.223–71, and shall notify vendors 

that basis for award will be best value 

with price and other factors considered. 

Environmental preferability must be 


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considered among the other factors. The 

contracting officer shall determine the 

relative importance of price and other 

factors as appropriate to the acquisition. 

(e) Contractor support for meetings 

and conferences. A contract, order, 

work assignment or purchasing 

agreement that includes contractor 

support for meeting and conference 

planning and logistics must include a 

green meeting and conference 

requirement. The contracting officer 

shall ensure language is included in the 

tasking document work statement that 

requires the contractor to use the 

provision at 1552.223–71, or language 

approved by the contracting officer that 

is substantially the same as the 

provision, when soliciting quotes or 

offers for meeting and conference 

services on behalf of the EPA. 

(f) Solicitation Provision. The 

contracting officer shall insert the 

provision or language substantially the 

same as the provision at 1552.223–71, 

EPA Green Meetings and Conferences, 

in solicitations for meeting and 

conference services. Contracting officers 

issuing an oral solicitation must also use 

the provision, though it may be 

provided to the vendor orally or 

electronically. Contractors soliciting 

quotes or offers for meeting and 

conference services on behalf of EPA 

shall use the provision, or language 

approved by the contracting officer that 

is substantially the same as the 

provision. 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for 48 CFR 

part 1552 continues to read as follows: 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 4. Add § 1552.223–71 to read as 

follows. 

§ 1552.223–71 EPA Green Meetings and 

Conferences. 

As prescribed in 1523.703–1, insert 

the following provision or language 

substantially the same as the provision 

in solicitations for meetings and 

conference services. 

EPA GREEN MEETINGS AND 

CONFERENCES (May 2007) 

(a) The mission of the EPA is to protect 

human health and the environment. We 

expect that all Agency meetings and 

conferences will be staged using as many 

environmentally preferable measures as 

possible. Environmentally preferable means 

products or services that have a lesser or 

reduced effect on the environment when 

compared with competing products or 

services that serve the same purpose. 

(b) As a potential meeting or conference 

provider for EPA, we require information 

about environmentally preferable features 

and practices your facility will have in place 

for the EPA event described in the 

solicitation. 

(c) The following list is provided to assist 

you in identifying environmentally 

preferable measures and practices used by 

your facility. More information about EPA’s 

Green Meetings initiative may be found on 

the Internet at http://www.epa.gov/oppt/ 

greenmeetings/. Information about EPA 

voluntary partnerships may be found at 

http://www.epa.gov/partners/index.htm. 

(1) Do you have a recycling program? If so, 

please describe. 

(2) Do you have a linen/towel reuse option 

that is communicated to guests? 

(3) Do guests have easy access to public 

transportation or shuttle services at your 

facility? 

(4) Are lights and air conditioning turned 

off when rooms are not in use? If so, how do 

you ensure this? 

(5) Do you provide bulk dispensers or 

reusable containers for beverages, food and 

condiments? 

(6) Do you provide reusable serving 

utensils, napkins and tablecloths when food 

and beverages are served? 

(7) Do you have an energy efficiency 

program? Please describe. 

(8) Do you have a water conservation 

program? Please describe. 

(9) Does your facility provide guests with 

paperless check-in & check-out? 

(10) Does your facility use recycled or 

recyclable products? Please describe. 

(11) Do you source food from local growers 

or take into account the growing practices of 

farmers that provide the food? Please 

describe. 

(12) Do you use biobased or biodegradable 

products, including biobased cafeteriaware? 

Please describe. 

(13) Do you provide training to your 

employees on these green initiatives? Please 

describe. 

(14) What other environmental initiatives 

have you undertaken, including any 

environment-related certifications you 

possess, EPA voluntary partnerships in 

which you participate, support of a green 

suppliers network, or other initiatives? 

Include ‘‘Green Meeting’’ information in your 

quotation so that we may consider 

environmental preferability in selection of 

our meeting venue. 

[FR Doc. E7–6856 Filed 4–11–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 070402076–7076–01; I.D. 

022007B] 

RIN 0648–AV23 

Illegal, Unreported, or Unregulated 

Fishing 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS publishes this final 

rule to satisfy the requirement in section 

403 of the Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 (MSRA) to 

publish a definition of the term ‘‘illegal, 

unreported, or unregulated (IUU)’’

fishing for purposes of the MSRA. 

DATES: This final rule is effective April 

12, 2007. 

ADDRESSES: Dean Swanson, Chief, 

International Fisheries Affairs Division, 

Office of International Affairs, NMFS, 

1315 East-West Highway, Silver Spring, 

MD 20910. 

FOR FURTHER INFORMATION CONTACT: 

Dean Swanson at 301–713–2276, fax 

301–713–2313. 

SUPPLEMENTARY INFORMATION: Section 

403 of the MSRA amends the High Seas 

Driftnet Fishing Moratorium Protection 

Act (Driftnet Moratorium Protection 

Act), 16 U.S.C. 1826d et seq., by adding, 

among other things, a new section 609 

that addresses illegal, unreported, or 

unregulated fishing. Section 609 

requires the Secretary of Commerce 

(Secretary) to identify, and list in a 

biennial report to Congress, a nation if 

its fishing vessels are engaged, or have 

been engaged during the preceding 2 

years, in illegal, unreported, or 

unregulated fishing. Section 609 also 

provides for notification to and 

consultation with nations and an ‘‘IUU 

Certification Procedure’’ for determining 

if a nation or relevant international 

fishery management organization has 

taken specified action to address the 

IUU fishing activities. As an initial step, 

section 609(e)(2) requires the Secretary 

to ‘‘publish a definition of the term 

’illegal, unreported, or unregulated 

fishing,’ for purposes of this Act,’’

within 3 months after the date of 

enactment of MSRA, i.e., by April 12, 

2007. Publication of this definition is 

the focus of this rulemaking. NMFS 

intends to conduct separate rulemaking, 


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