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Hawaii FEP - Western Pacific Fishery Council

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deterrence provisions set forth in the MMPA and any other applicable guidelines andprohibitions.• (f) Self-defense. When imminently necessary in self-defense or to save the life of a personin immediate danger, a marine mammal may be lethally taken if such taking is reported toNMFS in accordance with the requirements of §229.6.• (g) Emergency regulations. Vessel owners engaged in a Category III fishery must complywith any applicable emergency regulations.NMFS has concluded that <strong>Hawaii</strong> Archipelago commercial bottomfish, crustacean, preciouscorals, and coral reef fisheries will not affect marine mammals in any manner not considered orauthorized under the Marine Mammal Protection Act.8.7 National Environmental Policy ActTo comply with the National Environmental Policy Act, a Programmatic Environmental ImpactStatement (PEIS) has been prepared to analyze the proposed action to implement this <strong>FEP</strong>. ADraft PEIS (dated October 27, 2005) was circulated for public review from November 10, 2005to December 26, 2005 (70 FR 68443). The draft <strong>FEP</strong>s accompanied the Draft PEIS.Subsequent to the circulation of the 2005 Draft PEIS for public review, it was decided to expandthe document to contain analyses of impacts related specifically to the approval andimplementation of fishery ecosystems plans in the <strong>Western</strong> <strong>Pacific</strong> Region. As a result, NMFS’<strong>Pacific</strong> Islands Regional Office and <strong>Council</strong> staff revised the Draft PEIS that was released inOctober 2005 and published a notice of availability of a new Draft PEIS in the Federal Registeron April 13, 2007 (72 FR 18644). The public comment period for the revised Draft PEIS endedon May 29, 2007, and responses to the comments received have been incorporated into a FinalPEIS and this document where applicable.8.8 Paperwork Reduction Act (PRA)The purpose of the Paperwork Reduction Act (PRA) is to minimize the burden on the public byensuring that any information requirements are needed and are carried out in an efficient manner(44 U.S.C. 350191(1)). None of the measures contained in this <strong>FEP</strong> have any new publicregulatory compliance or other paperwork requirements and all existing requirements werelawfully approved and have been issued the appropriate OMB control numbers.8.9 Regulatory Flexibility Act (RFA)In order to meet the requirements of the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.requires government agencies to assess the impact of their regulatory actions on small businessesand other small entities via the preparation of regulatory flexibility analyses. The RFA requiresgovernment agencies to assess the impact of significant regulatory actions on small businessesand other small organizations. The basis and purpose of the measures contained in this <strong>FEP</strong> aredescribed in Chapter 1, and the alternatives considered are discussed in the EIS prepared for thisaction. Because none of the alternatives contain any regulatory compliance or paperworkrequirements, the <strong>Council</strong> believes that this action is not significant (i.e., it will not have a232

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