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Finding on the Recommendation of the Western Pacific Fishery Management Council Regarding the Management of Fisheries Within the Proposed Northwestern Hawaiian Islands National Marine Sanctuary

By National Oceanic and Atmospheric Administration

Excerpt: In accordance with section 304(a)(5) of the National Marine Sanctuaries Act (NMSA), 16 U.S.C. 1434(a)(5), NOAA provided the Western Pacific Fishery Management Council (WPFMC) the opportunity to prepare draft NMSA regulations for fishing to fulfill the goals and objectives (G&O) of the proposed Northwestern Hawaiian Islands (NWHI) national marine sanctuary designation and the purposes and policies (P&P) of the NMSA. Under section 304(a)(5) of the NMSA, a Council may either: (1) prepare NMSA draft fishing regulations that fulfill the P&P of the NMSA and G&O of a proposed sanctuary designation; or (2) make a determination that draft NMSA regulations for fishing are not necessary. Regulations provided by a Council or a determination that regulations are not necessary, shall be accepted and issued as proposed regulations unless NOAA finds they do not fulfill the P&P of the NMSA and G&O of the proposed designation. Further, section 304(a)(5) requires NOAA to prepare the fishing regulations if the Council declines to make a determination with respect to the need for regulations, makes a determination which is rejected by the NOAA, or fails to prepare the draft regulations in a timely manner...


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