8838 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules 

Air pollution control, Confidential 

business information, Labeling, Motor 

vehicle pollution, Reporting and 

recordkeeping requirements, 

Warranties. 

40 CFR Part 1043 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Imports, 

Incorporation by reference, Vessels, 

Reporting and recordkeeping 

requirements. 

40 CFR Parts 1051 and 1054 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

40 CFR Part 1060 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, 

Incorporation by reference, Labeling, 

Penalties, Reporting and recordkeeping 

requirements, Warranties. 

40 CFR Parts 1065 and 1066 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements, Research. 

Dated: February 2, 2015. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2015–02845 Filed 2–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R06–OAR–2007–1205; FRL 9923–04– 

Region 6] 

National Emission Standards for 

Hazardous Air Pollutants; Delegation 

of Authority to Albuquerque-Bernalillo 

County Air Quality Control Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Albuquerque-Bernalillo 

County Air Quality Control Board 

(ABCAQCB) submitted updated 

regulations for receiving delegation of 

the Environmental Protection Agency 

(EPA) authority for implementation and 

enforcement of New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

all sources (both part 70 and non-part 70 

sources). The delegation of authority 

under this action applies only to sources 

located in Bernalillo County, New 

Mexico, and does not extend to sources 

located in Indian Country. EPA is 

providing notice that it is updating the 

delegation of certain NSPS to 

ABCAQCB, and is taking direct final 

action to approve the delegation of 

certain NESHAPs to ABCAQCB. 

DATES: Written comments on this 

proposed rule must be received on or 

before March 23, 2015. 

ADDRESSES: Comments may be mailed to 

Mr. Rick Barrett, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Comments 

may also be submitted electronically or 

through hand delivery/courier by 

following the detailed instructions in 

the Addresses section of the direct final 

rule located in the rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Barrett, (214) 665–7227; email: 

barrett.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving ABCAQCB’s 

request for delegation of authority to 

implement and enforce certain NSPS 

and NESHAP for all sources (both part 

70 and non-part 70 sources). ABCAQCB 

has adopted certain NSPS and NESHAP 

by reference into ABCAQCB’s 

regulations. In addition, EPA is waiving 

its notification requirements so sources 

will only need to send notifications and 

reports to ABCAQCB. 

The EPA is taking direct final action 

without prior proposal because EPA 

views this as a noncontroversial action 

and anticipates no adverse comments. A 

detailed rationale for this approval is set 

forth in the preamble to the direct final 

rule. If no relevant adverse comments 

are received in response to this action, 

no further activity is contemplated. If 

EPA receives relevant adverse 

comments, the direct final rule will be 

withdrawn, and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting must do so at 

this time. If EPA receives relevant 

adverse comment on an amendment, 

paragraph, or section of the rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

Rules section of this Federal Register. 

Dated: January 28, 2015. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2015–03483 Filed 2–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150116050–5123–01] 

RIN 0648–XD726 

Atlantic Highly Migratory Species; 

North and South Atlantic 2015 

Commercial Swordfish Quotas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

adjust the 2015 fishing season quotas for 

North and South Atlantic swordfish 

based upon 2014 commercial quota 

underharvests and international quota 

transfers consistent with International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) 

Recommendations 13–02 and 13–03. 

This proposed rule would apply to 

commercial and recreational fishing for 

swordfish in the Atlantic Ocean, 

including the Caribbean Sea and Gulf of 

Mexico. This action would implement 

ICCAT recommendations, consistent 

with the Atlantic Tunas Convention Act 

(ATCA), and would further domestic 

management objectives under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Written comments must be 

received by March 23, 2015. An 

operator-assisted, public conference call 

and webinar will be held on March 3, 

2015, from 1:00 p.m. to 4:00 p.m., EST. 

ADDRESSES: The conference call-in 

phone number is 1–888–972–6893; 

participant pass code is 2759824. 

Participants are strongly encouraged to 

log/dial in 15 minutes prior to the 

meeting. NMFS will show a brief 

presentation via webinar followed by 

public comment. To join the webinar go 

to: https://noaaevents2.webex.com/

noaaevents2/onstage/g.php?d=

995250567&t=a, enter your name and 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Proposed Rules 8839 

email address, and click the ‘‘JOIN’’ 

button. Participants who have not used 

WebEx before will be prompted to 

download and run a plug-in program 

that will enable them to view the 

webinar. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2015–0023, by any of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA–NMFS-2015- 

0023, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Margo Schulze-Haugen, NMFS/SF1, 

1315 East-West Highway, National 

Marine Fisheries Service, SSMC3, Silver 

Spring, MD 20910. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

The call-in information for the public 

hearing is phone number 1–888–972– 

6893; participant pass code is 2759824. 

We will also provide a brief 

presentation via webinar. Participants 

can join the webinar at https:// 

noaaevents2.webex.com/noaaevents2/

onstage/g.php?d=995250567&t=a. Enter 

your name and email address, and click 

the ‘‘JOIN’’ button. Participants that 

have not used WebEx before will be 

prompted to download and run a plugin program that will enable them to 

view the webinar. Presentation 

materials and other supporting 

information will be posted on the HMS 

Web site at: http://www.nmfs.noaa.gov/ 

sfa/hms. 

Copies of the supporting documents— 

including the 2012 Environmental 

Assessment (EA), Regulatory Impact 

Review (RIR), and Final Regulatory 

Flexibility Analysis (FRFA) for North 

Atlantic swordfish; the 2007 EA, RIR, 

and FRFA for South Atlantic swordfish; 

and the 2006 Consolidated Atlantic 

Highly Migratory Species Fishery 

Management Plan and associated 

documents—are available from the HMS 

Management Division Web site at http:// 

www.nmfs.noaa.gov/sfa/hms/ or by 

contacting Steve Durkee by phone at 

202–670–6637. 

FOR FURTHER INFORMATION CONTACT: 

Steve Durkee by phone at 202–670– 

6637. 

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Atlantic swordfish fishery is 

managed under the 2006 Consolidated 

Highly Migratory Species (HMS) Fishery 

Management Plan (FMP). Implementing 

regulations at 50 CFR part 635 are 

issued under the authority of the 

Magnuson-Stevens Act, 16 U.S.C. 1801 

et seq., and ATCA, 16 U.S.C. 971 et seq. 

ATCA authorizes the Secretary of 

Commerce (Secretary) to promulgate 

regulations as may be necessary and 

appropriate to implement ICCAT 

recommendations. 

North Atlantic Swordfish Quota 

At the 2013 ICCAT annual meeting, 

Recommendation 13–02 was adopted, 

maintaining the North Atlantic 

swordfish total allowable catch (TAC) of 

10,301 metric tons (mt) dressed weight 

(dw) (13,700 mt whole weight (ww)) 

through 2016. Of this TAC, the United 

States’ baseline quota is 2,937.6 mt dw 

(3,907 mt ww) per year. ICCAT 

Recommendation 13–02 also includes 

an 18.8 mt dw (25 mt ww) annual quota 

transfer from the United States to 

Mauritania and limits allowable 2014 

underharvest carryover to 15 percent of 

a contracting party’s baseline quota. 

ICCAT capped the allowable 

underharvest at 25 percent of a 

contracting party’s baseline quota 

allocation until the 2013 

recommendation reduced it to 15 

percent. Therefore, the United States 

may carry over a maximum of 440.6 mt 

dw (586.0 mt ww) of underharvest from 

2014 to 2015. This proposed rule would 

adjust the U.S. baseline quota for the 

2015 fishing year to account for the 

annual quota transfer to Mauritania and 

the 2014 underharvest. 

The preliminary estimate of North 

Atlantic swordfish underharvest for 

2014 was 2,469.3 mt dw as of December 

31, 2014; therefore, NMFS is proposing 

to carry forward 440.6 mt dw, the 

maximum carryover allowed per 

Recommendation 13–02. The 2,937.6 mt 

dw baseline quota would be reduced by 

the 18.8 mt dw annual quota transfer to 

Mauritania and increased by the 

underharvest carryover of 440.6 mt dw, 

resulting in a proposed adjusted North 

Atlantic swordfish quota for the 2015 

fishing year of 3,359.4 mt dw 

(2,937.6¥18.8 + 440.6 = 3,359.4 mt dw). 

From that proposed adjusted quota, 50 

mt dw would be allocated to the reserve 

category for inseason adjustments and 

research, and 300 mt dw would be 

allocated to the incidental category, 

which includes recreational landings 

and landings by incidental swordfish 

permit holders, per § 635.27(c)(1)(i). 

This would result in an allocation of 

3,009.4 mt dw (3,359.4¥50¥300 = 

3,009.4 mt dw) for the directed category, 

which would be split equally between 

two seasons in 2015 (January through 

June, and July through December) (Table 

1). 

The preliminary landings used to 

calculate the proposed adjusted quota 

for North Atlantic swordfish are based 

on commercial dealer reports and 

reports by anglers in the HMS NonTournament Recreational Swordfish and 

Billfish Landings Database and the 

Recreational Billfish Survey received as 

of December 31, 2014, and do not 

include dead discards or late landings 

reports. The estimates are preliminary 

and have not yet undergone quality 

control and assurance procedures. 

NMFS will adjust the quotas in the final 

rule based on updated data, including 

dead discard data, if available. Note that 

the United States has carried over the 

full amount of underharvest allowed 

under ICCAT recommendations for the 

past several years, and NMFS does not 

expect fishing activity to vary 

significantly from these past years. For 

the final adjusted quota to deviate from 

the proposed quota, the sum of updated 

landings data (from late reports) and 

dead discard estimates would need to 

reach or exceed 2,028.7 mt dw, which 

is the difference between the current 

estimate of the 2014 underharvest 

(2,469.3 mt dw) and the maximum 

carryover cap of 440.6 mt dw 

(2,469.3¥440.6 = 2,028.7 mt dw). In 

2013, dead discards were estimated to 

equal 90.2 mt dw and late reports 

equaled 143.0 mt dw. Consequently, 

NMFS does not believe updated data 

and dead discard estimates would alter 

the proposed adjusted quota. Thus, 

while the 2015 proposed North Atlantic 

swordfish quota is subject to further 

adjustments and this rule notifies the 

public of that potential change, NMFS 

does not expect the final quota to 

change from the proposed quota. 

South Atlantic Swordfish Quota 

In 2013, ICCAT Recommendation 13– 

03 established the South Atlantic 

swordfish TAC at 11,278.2 mt dw 

(15,000 mt ww) for 2014, 2015, and 

2016. Of this, the United States receives 

75.2 mt dw (100 mt ww). 

Recommendation 13–03 limits the 

amount of South Atlantic swordfish 


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underharvest that can be carried 

forward, and the United States may 

carry forward up to 100 percent of its 

baseline quota (75.2 mt dw). 

Recommendation 13–03 also included a 

total of 75.2 mt dw (100 mt ww) of 

quota transfers from the United States to 

other countries. These transfers were 

37.6 mt dw (50 mt ww) to Namibia, 18.8 

mt dw (25 mt ww) to Coˆte d’Ivoire, and 

18.8 mt dw (25 mt ww) to Belize. 

In 2014, U.S. fishermen landed no 

South Atlantic swordfish according to 

data available as of December 31, 2014. 

The adjusted 2014 South Atlantic 

swordfish quota was 75.1 mt dw due to 

nominal landings the previous year. 

Therefore, 75.1 mt dw of underharvest 

is available to carry over to 2015. NMFS 

is proposing to carry forward 75.1 mt 

dw to be added to the 75.2 mt dw 

baseline quota. The quota would then be 

reduced by the 75.2 mt dw of annual 

international quota transfers outlined 

above, resulting in an adjusted South 

Atlantic swordfish quota of 75.1 mt dw 

for the 2015 fishing year. 

As with the landings and proposed 

quota for North Atlantic swordfish, the 

South Atlantic swordfish landings and 

proposed quota are based on dealer 

reports received as of December 31, 

2014, do not include dead discards or 

late landings reports, and are 

preliminary landings estimates that 

have not yet undergone quality control 

and assurance procedures. NMFS will 

adjust the quotas in the final rule based 

on any updated data, including dead 

discard data, if available. Thus, the 2015 

proposed South Atlantic swordfish 

quota is subject to further adjustments. 

However, the United States has only 

landed South Atlantic swordfish twice 

in the past several years (0.2 mt dw in 

April 2010 and 0.1 mt dw in April 2013) 

and therefore does not anticipate 

additional landings or discard data that 

would change the final quota from the 

proposed quota. 

TABLE 1—2015 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS

North Atlantic swordfish quota (mt dw) 2014 2015 

Baseline Quota .................................................................................................................................................. 2,937.6 ............. 2,937.6 

International Quota Transfer .............................................................................................................................. (¥)18.8 (to 

Mauritania).

(¥)18.8 (to 

Mauritania) 

Total Underharvest from Previous Year.∂ 1,337.4 ............. 2,469.3 

Underharvest Carryover from Previous Year.∂ (+)734.4 ............ (+)440.6 

Adjusted Quota .................................................................................................................................................. 3,653.2 ............. 3,359.4 

Quota Allocation: 

Directed Category ....................................................................................................................................... 3,303.2 ............. 3,009.4 

Incidental Category ..................................................................................................................................... 300 ................... 300 

Reserve Category ....................................................................................................................................... 50 ..................... 50 

South Atlantic swordfish quota (mt dw) 2014 2015 

Baseline Quota .................................................................................................................................................. 75.2 .................. 75.2 

International Quota Transfers * .......................................................................................................................... (¥)75.2 ............ (¥)75.2 

Total Underharvest from Previous Year.∂ 75.1 .................. 75.1 

Underharvest Carryover from Previous Year.∂ 75.1 .................. 75.1 

Adjusted quota ................................................................................................................................................... 75.1 .................. 75.1 

∂ Allowable underharvest carryover is now capped at 15 percent of the baseline quota allocation for the North Atlantic (carryover was previously capped at 25 percent) and 75.2 dw (100 mt ww) for the South Atlantic. The available 2014 underharvest is based on data current as of 

December 31, 2014; it does not include dead discards, late reports, or changes to the data as a result of quality control adjustments. 

* Under Recommendation 13–03, the U.S. transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Coˆte d’Ivoire (18.8 

mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww). 

Ecological and Socioeconomic Impacts 

In the EA, RIR, and FRFA prepared 

for the 2012 North Atlantic swordfish 

quota specifications final rule (July 31, 

2012; 77 FR 45273), NMFS analyzed the 

ecological and socioeconomic impacts 

of harvesting substantially the same 

amount of annual adjusted quota being 

proposed here in the 2015 North 

Atlantic swordfish specifications). 

Similarly, the impacts of harvesting the 

amount of annual baseline quota 

proposed in the 2015 South Atlantic 

swordfish specifications were analyzed 

in the EA, RIR, and FRFA that were 

prepared for the 2007 Swordfish Quota 

Specification Final Rule (October 5, 

2007; 72 FR 56929). 

The proposed North Atlantic 

swordfish quota adjustments would 

result in an adjusted quota for 2015 

substantially similar to that analyzed in 

the 2012 EA, RIR, and FRFA and 

implemented in 2013 and 2014. The 

quota analyzed in the 2012 EA, RIR, and 

FRFA was 3,559.2 mt dw and the 

proposed 2015 adjusted quota is 3,359.4 

mt dw; a decrease of 199.8 mt dw. The 

2015 North Atlantic swordfish proposed 

quota is not expected to increase fishing 

effort, protected species interactions, or 

environmental effects in a manner not 

considered in the 2012 EA and would, 

in fact, cap all three at a level slightly 

lower than that analyzed in the 2012 

EA. The difference between the quota 

analyzed in the 2012 EA and the 2015 

proposed quota is due to two reasons. 

First, Recommendation 13–02 reduces 

the underharvest carryover limit 

beginning in 2015 from 25 percent of 

the base quota to 15 percent. In the 2012 

EA, the analysis took into account North 

Atlantic Swordfish underharvest 

carryovers of up to 25 percent. Since the 

proposed change in the underharvest 

carryover limit is within this range (i.e., 

it is less than 25 percent), the quota that 

would be implemented consistent with 

the reduced carryover provision has 

been previously analyzed. Furthermore, 

once effective, the reduced underharvest 

carryover limit would result in a lower 

overall North Atlantic swordfish 

adjusted quota. For these reasons, the 

quota that would be analyzed is within 

the range of the previously-analyzed 

actions under the existing NEPA 

analyses, and additional National 

Environmental Policy Act (NEPA) 

analysis regarding the underharvest 

carryover limit is not necessary. 

The second reason the 2012 quota is 

different than the 2015 proposed 

adjusted quota is Recommendation 13– 

02’s elimination of the 112.8 mt dw 

quota transfer to Morocco and the 

introduction of a lower 18.8 mt dw 

quota transfer to Mauritania. No 

additional NEPA analysis is needed for 

the change in international quota 

transfers because in concert with the 


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reduction in the underharvest carryover 

limit, these changes are not expected to 

increase fishing effort, affect protected 

species interactions, or environmental 

effects beyond those considered in the 

existing NEPA analyses. Thus, NMFS 

has determined that the North Atlantic 

swordfish quota portion of the 

specifications and impacts to the human 

environment as a result of the proposed 

quota adjustments do not require 

additional NEPA analysis beyond that 

discussed in the 2012 EA. 

Similarly, NMFS analyzed in the EA, 

RIR, and FRFA that were prepared for 

the 2007 Swordfish Quota Specification 

Final Rule (October 5, 2007; 72 FR 

56929) the impacts of harvesting the 

same amount of annual baseline quota 

being proposed here in the 2015 South 

Atlantic swordfish specifications. The 

proposed South Atlantic swordfish 

quota adjustments would not change 

overall quotas and are not expected to 

increase fishing effort, protected species 

interactions, or environmental effects 

beyond those analyzed in the 2007 EA. 

While ICCAT SCRS conducted a stock 

assessment for South Atlantic swordfish 

in 2013, that assessment did not alter 

the stock status or TAC from when 2007 

EA analyses were conducted and no 

additional information about the 

environment has become available that 

would alter the analyses. Therefore, 

because there would be no changes to 

the South Atlantic swordfish 

management measures in this proposed 

rule, and no changes to the affected 

environment or any environmental 

effects that have not been previously 

analyzed, NMFS has determined that 

the South Atlantic swordfish quota 

portion of the specifications and 

impacts to the human environment as a 

result of the proposed quota 

adjustments do not require additional 

NEPA analysis beyond that analyzed in 

the 2007 EA. 

Request for Comments 

NMFS is requesting comments on any 

of the measures or analyses described in 

this proposed rule. During the comment 

period, NMFS will hold one conference 

call and webinar for this proposed rule. 

The conference call and webinar will be 

held on March 3, 2015, from 1:00–4:00 

p.m. EST. Please see the DATES and 

ADDRESSES headings for more 

information. 

The public is reminded that NMFS 

expects participants on phone 

conferences to conduct themselves 

appropriately. At the beginning of the 

conference call, a representative of 

NMFS will explain the ground rules 

(e.g., all comments are to be directed to 

the agency on the proposed action; 

attendees will be called to give their 

comments in the order in which they 

registered to speak; each attendee will 

have an equal amount of time to speak; 

attendees may not interrupt one 

another; etc.). NMFS representative(s) 

will structure the meeting so that all 

attending members of the public will be 

able to comment, if they so choose, 

regardless of the controversial nature of 

the subject(s). Attendees are expected to 

respect the ground rules, and those that 

do not may be removed from the 

conference call. 

Classification 

Pursuant to the Magnuson-Stevens 

Act, the NMFS Assistant Administrator 

has determined that the proposed rule is 

consistent with the 2006 Consolidated 

HMS FMP and its amendments, other 

provisions of the Magnuson-Stevens 

Act, the Atlantic Tunas Convention Act, 

and other applicable law, subject to 

further consideration after public 

comment. 

This action is exempt from review 

under E.O. 12866. 

Previously, NMFS determined that 

proposed rules to implement the North 

Atlantic swordfish quota framework (77 

FR 25669, May 1, 2012) and South 

Atlantic swordfish quota framework (75 

FR 35432, June 22, 2010) were 

consistent to the maximum extent 

practicable with the enforceable policies 

of the approved coastal management 

program of coastal states on the 

Atlantic, including the Gulf of Mexico 

and the Caribbean Sea. Pursuant to 15 

CFR 930.41(a), NMFS provided the 

Coastal Zone Management Program of 

each coastal state a 60-day period to 

review the consistency determination 

and to advise the Agency of their 

concurrence. NMFS received 

concurrence with the consistency 

determinations from several states and 

inferred consistency from those states 

that did not respond within the 60-day 

time period. This proposed action to 

establish the 2015 North and South 

Atlantic swordfish quotas does not 

change the framework previously 

consulted upon; therefore, no additional 

consultation is required. 

The Chief Council for Regulation of 

the Department of Commerce certified 

to the Chief Council for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities 

because the proposed quota adjustments 

are the largely the same as in previous 

years and the United States is not 

expected to catch its entire quota in 

2015. 

As described above, this proposed 

rule would adjust the 2015 baseline 

quota for North Atlantic swordfish 

(January 1, 2015, through December 31, 

2015) to account for 2014 

underharvests, as allowable, and 

international quota transfers per 

§ 635.27(c)(1)(i) and (c)(3)(ii) based on 

ICCAT Recommendation 13–02. The 

United States can carry over 2014 

underharvest at a level not to exceed 15 

percent of its baseline quota. 

Additionally, ICCAT Recommendation 

13–02 stipulates that the United States 

transfer 18.8 mt dw (25 mt ww) of quota 

to Mauritania. 

In 2014, U.S. fishermen landed 

1,183.9 mt dw of North Atlantic 

swordfish as of December 31, 2014, 

leaving 2,469.3 mt dw of quota 

underharvest. This underharvest 

amount exceeds the maximum 

underharvest carryover of 440.6 mt dw; 

therefore, only the maximum amount of 

440.6 mt dw of 2014 underharvest 

would be carried over and added to the 

2015 baseline quota. The quota transfer 

of 18.8 mt dw to Mauritania would be 

deducted, leaving a proposed 2015 

North Atlantic swordfish adjusted quota 

of 3,359.4 mt dw (Table 1). 

This proposed rule would also adjust 

the 2015 baseline quota for South 

Atlantic swordfish (January 1, 2015, 

through December 31, 2015) to account 

for 2014 underharvests and 

international quota transfers per 

§ 635.27(c)(1)(ii) and (c)(3)(ii) based on 

ICCAT Recommendation 13–03. The 

United States can carry over 2014 

underharvest at a level not to exceed 

100 percent of the baseline quota. 

Additionally, ICCAT Recommendation 

13–03 stipulates that the United States 

transfer the following quota amounts to 

other countries: 37.6 mt dw (50 mt ww) 

to Namibia; 18.8 mt dw (25 mt ww) to 

Coˆte d’Ivoire; and 18.8 mt dw (25 mt 

ww) to Belize. 

In 2014, U.S. fishermen landed no 

South Atlantic swordfish according to 

data available as of December 31, 2014. 

The adjusted 2014 South Atlantic 

swordfish quota was 75.1 mt dw due to 

nominal landings the previous year. 

Therefore, 75.1 mt dw of underharvest 

is available to carry over to 2015. NMFS 

is proposing to carry forward 75.1 mt 

dw to be added to the 75.2 mt dw 

baseline quota. The quota would then be 

reduced by the 75.2 mt dw of annual 

international quota transfers outlined 

above, resulting in an adjusted South 

Atlantic swordfish quota of 75.1 mt dw 

for the 2015 fishing year. (Table 1). 

The commercial swordfish fishery is 

comprised of fishermen who hold one of 

three swordfish limited access permits 

(LAPs) (i.e., directed, incidental, or 


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handgear), fishermen who hold a 

swordfish general commercial permit, 

fishermen who hold an HMS incidental 

squid trawl permit, fishermen who hold 

a commercial Caribbean small boat 

permit, and the related industries, 

including processors, bait houses, and 

equipment suppliers. As of October 

2014, there were approximately 183 

vessels with a directed swordfish LAP, 

66 vessels with an incidental swordfish 

LAP, 77 vessels with a handgear LAP for 

swordfish, and 651 vessels that held a 

swordfish general commercial permit. 

Additionally, there were approximately 

73 HMS incidental squid trawl permit 

holders, which allow vessels in the Illex 

squid fishery to retain up to 15 

incidentally-caught swordfish while 

trawling for squid. NMFS considers all 

participants in the commercial 

swordfish fishery to be small entities, 

based on the relevant North American 

Industry Classification System (NAICS) 

codes and size standards set by the 

Small Business Administration (SBA). 

The Small Business Administration 

(SBA) recently established new size 

criteria for all major industry sectors in 

the United States, including fish 

harvesters. On June 12, 2014, the SBA 

issued an interim final rule revising the 

small business size standards for several 

industries effective July 14, 2014 (79 FR 

33467; June 12, 2014). The rule 

increased the size standard from $19.0 

to $20.5 million for finfish fishing, from 

$5 to $5.5 million for shellfish fishing, 

and from $7.0 million to $7.5 million for 

other marine fishing, for-hire 

businesses, and marinas. NMFS has 

reviewed the analyses prepared for this 

action in light of the new size standards. 

Under the former, lower size standards, 

all entities subject to this action were 

considered small entities based on 

fishing revenues, thus they all would 

continue to be considered small under 

the new standards. The new size 

standards do not affect analyses 

prepared for this action. 

This action is not expected to result 

in a significant economic impact on the 

small entities subject to the quota limits. 

Based on the 2014 average price for 

swordfish of $4.65/lb (based on 2014 

electronic dealer data), the 2015 North 

and South Atlantic swordfish baseline 

quotas could result in gross revenues of 

$30,114,483 (2,937.6 mt dw (6,476,233 

lbs dw) * $4.65/lb) and $770,905 (75.2 

mt dw (165,786 lbs dw) * $4.65/lb), 

respectively, if the quotas were fully 

utilized. Under the adjusted quotas of 

3,359.4 mt dw (7,406,133 lbs dw) for 

North Atlantic swordfish and 75.1 mt 

dw (165,565 lbs dw) for South Atlantic 

swordfish, the gross revenues could be 

$34,438,518 and $769,877, respectively, 

for fully utilized quotas. 

Potential revenues per vessel resulting 

from full utilization of the adjusted 

quotas could be $32,799 for the North 

Atlantic swordfish fishery and $4,207 

for the South Atlantic swordfish fishery, 

considering a total of 1,050 swordfish 

permit holders in the North Atlantic and 

183 directed permit holders in the 

South Atlantic. The North Atlantic 

estimate, however, represents an 

average across all permit types, despite 

permit differences in retention limits, 

target species, and geographical range. 

For North Atlantic swordfish, directed 

swordfish permit holders would likely 

experience higher than average pervessel ex-vessel revenues due to the use 

of pelagic longline gear and the lack of 

a per-trip retention limit, although trip 

expenses are likely to be relatively high. 

HMS incidental squid trawl permit 

holders would likely experience per 

vessel ex-vessel revenues well below 

those received by pelagic longline 

vessels due to the low retention limit 

per trip (15 swordfish) and because 

these vessels do not target swordfish 

and only catch them incidentally. 

Swordfish general commercial permit 

holders would likely experience lower 

than average per-vessel ex-vessel 

revenues, despite higher ex-vessel 

prices and lower fishing expenses. 

Although the proposed 2015 North 

Atlantic swordfish adjusted quoted is 

199.8 mt dw lower than the quota 

analyzed in the 2012 EA, U.S. fishermen 

in recent years have not harvested the 

full North Atlantic swordfish quota. 

Thus, the 199.8 mt dw change in the 

total adjusted quota is unlikely to cause 

any economic impacts since that portion 

of the quota will likely go unutilized. In 

the future, if the North Atlantic 

swordfish fishery achieves full quota 

utilization, economic impacts will need 

to be reanalyzed. For South Atlantic 

swordfish, only directed swordfish 

permit holders can land these fish; 

therefore, potential revenue per vessel is 

higher than the average for these 

directed swordfish permit holders since 

the other permit types may not land 

swordfish. However, U.S. fishermen 

rarely catch South Atlantic swordfish. 

Over the past 5 years, 0.3 mt dw of 

South Atlantic swordfish catch has been 

reported. The proposed 2015 South 

Atlantic swordfish adjusted quota is 

unchanged from that analyzed in the 

2007 EA, thus, no new economic 

impacts are expected. 

Because the United States’ 

commercial swordfish fishery is not 

expected to catch its entire quota in 

2015, the adjustments to the quota and 

management measures proposed in this 

rule will not have a significant impact 

on a substantial number of small 

entities. As a result, no initial regulatory 

flexibility analysis is required, and none 

has been prepared. 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

Dated: February 13, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–03432 Filed 2–18–15; 8:45 am] 

BILLING CODE 3510–22–P 


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