[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Notices]
[Pages 31998-32007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13268]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2023-0329; FRL-10681-02-OW]
Issuance of a General Permit for Ocean Disposal of Marine Mammal
and Sea Turtle Carcasses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability of final general permit.
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SUMMARY: The Environmental Protection Agency (EPA) is re-issuing a
general permit under the Marine Protection, Research and Sanctuaries
Act (MPRSA) to authorize the transport of marine mammal and sea turtle
carcasses from the United States and disposal of marine mammal and sea
turtle carcasses in ocean waters. Permit re-issuance is necessary
because the most recent permit expired on January 4, 2024. The EPA has
not made substantive changes to the content of the recently expired
general permit, though it has revised the scope and eligibility
provisions, and general permittees will be able to resume permitted
deposition of marine mammal carcasses in ocean waters pursuant to the
re-issued permit terms.
DATES: This permit is effective on August 15, 2025 and expires on July
16, 2032.
ADDRESSES: The EPA established a docket for this action under Docket ID
No. EPA-HQ-OW-2023-0329. All documents in the docket are listed on the
https://www.regulations.gov website.
FOR FURTHER INFORMATION CONTACT: Cheryl Zulick, Freshwater and Marine
Regulatory Branch; Oceans, Wetlands, and Communities Division, Mail
Code 4504T, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; telephone (202) 566-0583; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
The authorization in this general permit is available for any
officer, employee, agent, department, agency, or instrumentality of
Tribal, Federal, State or local unit of government, as well as any
Marine Mammal Health and Stranding Response Program (MMHSRP) Stranding
Agreement Holder, authorized members of the Sea Turtle Stranding and
Salvage Network (STSSN), any Alaska Native, and members of the Makah
Indian Tribe already authorized to take a marine mammal under the
Endangered Species Act (ESA) or Marine Mammal Protection Act (MMPA), to
transport from the United States and dispose of a marine mammal or sea
turtle carcass in ocean waters.
B. Does this action require the disposal of marine mammal or sea turtle
carcasses in ocean waters?
The general permit does not require ocean disposal of marine mammal
or sea turtle carcasses; it merely authorizes ocean disposal when there
is a need for disposition of such carcasses in ocean waters.
C. Why does the EPA permit ocean disposal of marine mammal and sea
turtle carcasses?
The disposition of marine mammal and sea turtle carcasses in ocean
waters is not excluded from the statutory definition of ``dumping'' or
otherwise excluded from the scope of the Marine Protection, Research,
and Sanctuaries Act (MPRSA), as such the transportation and disposition
of any material, including carcasses, in ocean waters requires a permit
under the MPRSA.
D. Why does this action require reporting?
Given the natural and unnatural deaths of marine mammals and sea
turtles at sea, the disposal of marine mammal or sea turtle carcasses
into the ocean is not anticipated to have any adverse effect on human
health, fisheries resources, or marine ecosystems. Under the MPRSA
regulations (40 CFR 224.1 and 224.2), each person dumping materials
under a general permit must maintain records of the physical and
chemical characteristics of the material dumped, the times and
locations of the dumping, and any other information required as a
condition of the permit. Dumping records must be reported to the EPA as
required under the general permit. Additionally, to meet the United
States' international treaty obligation for reporting under the London
Convention, the EPA reports information about disposals under this
general permit, and all other activities authorized under the MPRSA,
annually to the International Maritime Organization, which provides
administrative support on behalf of the treaty parties.
II. Federal Law and International Conventions
Except as excluded from the definition of dumping in the MPRSA (or
otherwise excluded), the transportation for the purpose of dumping and
dumping of any material in ocean waters requires authorization under
the MPRSA. The MPRSA defines the term ``dumping'' broadly to encompass
the disposition of material both for the purpose of disposal and for
purposes other than disposal. The exclusion for purposes other than
disposal is limited. Section 102(a)(A) of the MPRSA and implementing
regulations at 40 CFR 227.14 through 227.16 direct the EPA, in issuing
a permit and/or evaluating a permit application, to consider the need
for ocean dumping as well as alternatives to ocean dumping.
The MPRSA implements the United States' obligations under the
London Convention, the international treaty that protects the marine
environment from the dumping of wastes and other matter into the ocean.
Contracting Parties to the London Convention agreed to control dumping
by implementing regulatory programs to assess the need for, and the
potential impact of, dumping. The London Convention requires
Contracting Parties to issue a permit for the dumping of wastes and
other matter at sea, to prohibit dumping of some materials, and to
report annually on all permits issued and monitoring activities
undertaken.
For the at-sea disposition of marine mammal and sea turtle
carcasses, the EPA establishes terms for MPRSA permit authorization,
but other Federal laws also are implicated. The MPRSA general permit
only purports to authorize the transportation for the purposes of
disposal and disposal of marine mammal and sea turtle carcasses at sea;
it does not itself provide for compliance with those other Federal
laws.
The Marine Mammal Protection Act (MMPA), for example, regulates
human interactions with ``marine mammals''. The term marine mammal
refers to any
[[Page 31999]]
mammal that is morphologically adapted to the marine environment
(including sea otters and members of the orders Sirenia, Pinnipedi, and
Cetacea) or primarily inhabits the marine environment (e.g., polar
bears). The Marine Turtle Conservation Act defines a sea turtle using
the term ``marine turtle'', which means any member of the taxonomic
family Cheloniidae or Dermochelyidae.
The EPA does not anticipate that the disposition of marine mammal
or sea turtle carcasses will occur except in circumstances, such as but
not limited to beached and floating marine mammal or sea turtle
carcasses and/or mass strandings of marine mammals or sea turtles
resulting in mortalities. In those circumstances, disposition into the
ocean may be necessary to protect human health, for example, when other
disposal options are not available.
Before 2017, the EPA permitted the ocean disposal of cetacean
(whales and related species) and pinniped (seals and related species)
carcasses on a case-by-case basis, with MPRSA emergency permits. The
EPA issued a general permit for the ocean disposal of marine mammal
carcasses, which became effective in January 2017, to streamline MPRSA
authorization and reduce burdens associated with case-by-case
permitting. That general permit provided authorization from January 5,
2017, through January 4, 2024. Under the MPRSA, general permits may be
issued for a period no longer than seven years. By re-issuing the
general permit, the general permit's authorization to transport marine
mammal and sea turtle carcasses for the purpose of disposal and to
dispose marine mammal and sea turtle carcasses in ocean waters would be
available for another seven-year period. From January 5, 2017, through
January 4, 2024, the effective period for the prior MPRSA general
permit for ocean disposal of marine mammal carcasses, the EPA
authorized 32 marine mammal carcass disposals in ocean waters under the
general permit. During that same period of time, the EPA authorized an
additional 43 marine mammal carcass disposals using emergency permits.
Re-issuance of the general permit avoids the need for emergency
permitting for marine mammal or sea turtle carcasses when such
emergencies arise.
Federal laws providing protection and conservation of marine
mammals and sea turtles include the MMPA, the Endangered Species Act
(ESA), the Marine Turtle Conservation Act, the Whaling Convention Act
(WCA), the Fur Seal Act, and international conventions, including the
Inter-American Convention for the Protection and Conservation of Sea
Turtles, the International Convention for the Regulation of Whaling,
which established the International Whaling Commission (IWC), and the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora. Although this general permit applies only to marine mammal
or sea turtle carcasses, certain international regulations are
relevant. The United States is a party to the IWC and IWC regulations
are self-implementing. The EPA is not the Federal agency charged with
primary implementation of the United States' obligations under IWC
regulations, but the MPRSA general permit is consistent with them.
IWC regulations recognize indigenous or aboriginal subsistence
whaling. As relevant to subsistence whaling in the United States, the
IWC sets catch limits for the Western Arctic stock of bowhead whales
and Eastern North Pacific gray whales based upon the needs of
subsistence fishing in Alaska villages and subsistence needs of the
Makah Indian Tribe, respectively. The bowhead whale hunt is managed
cooperatively by the National Marine Fisheries Service (NMFS) and the
Alaska Eskimo Whaling Commission under the WCA and the MMPA. The gray
whale hunt is managed cooperatively by NMFS and the Makah Tribal
Council under the WCA and under a waiver of the MMPA (50 CFR 216.100
through 216.119). As such, any Alaska Native or member of the Makah
Indian Tribe, who already may take a marine mammal under the MMPA and
the ESA, is provided authority under this general permit should marine
mammal carcasses need to be transported and disposed at sea. In re-
issuing this general permit the EPA does not intend to change, alter,
or otherwise affect any ceremonial, cultural, religious and/or
subsistence practices involving marine mammals or sea turtles.
The other relevant Federal programs under the MMPA and the ESA are
implemented by NMFS. MMHSRP Stranding Agreement Holders are provided
authority to dispose of marine mammal carcasses in the ocean under this
MPRSA general permit because Stranding Agreement Holders are authorized
to take marine mammals subject to the provisions of the MMPA (16 U.S.C.
1361 et seq.) and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151
et seq.). Members of the STSSN are provided authority to dispose of sea
turtle carcasses under this MPRSA general permit because they are
authorized to take sea turtles subject to the provisions of the ESA (16
U.S.C. 1531 et seq.), individual ESA Section 10 permits and/or the
implementing regulations governing the taking, importing, and exporting
of endangered and threatened marine species and designated critical
habitat (50 CFR parts 222 through 226). As such, MMHSRP Stranding
Agreement Holders and/or authorized members of the STSSN may have a
need for ocean disposal should stranded marine mammals or sea turtles
die.
III. Hazard to Public Safety and Navigation
A floating carcass near shore, for example, near a recreational
beach or in a harbor or ship channel, may pose a risk to public safety
before making land fall to the extent it might attract predators (e.g.,
sharks) to a recreation area or may pose a hazard to navigation. Per
regulations promulgated by the U.S. Army Corps of Engineers (USACE), at
33 CFR 245.20, the determination of a navigation hazard is made jointly
by the USACE and the U.S. Coast Guard (USCG). If such a determination
is made, the USACE determines appropriate remedial action as described
in USACE regulations at 33 CFR 245.25, which may include carcass
removal. MPRSA authorization to transport a carcass for the purpose of
ocean disposal would be available through this MPRSA general permit if
the navigation hazard removal operation requires ocean disposal of such
carcasses.
IV. Strandings and Beachings
Marine mammals and sea turtles that have died or have become sick
or injured can reach the ocean shoreline by a variety of mechanisms.
Possible mechanisms include: beaching, which involves a marine mammal
or sea turtle carcass being driven ashore by currents or winds;
stranding (single or multiple) of live marine mammal(s) or sea
turtle(s) that subsequently die; and transport on the bow of vessels.
In most stranding cases, the causes of marine mammal and sea turtle
strandings are unknown, but some causes may include the following:
disease, parasite infestation, harmful algal blooms, injuries due to
ship strikes, fishery entanglements, pollution exposure, unusual
weather or oceanographic events, trauma and starvation. While many
marine mammals and sea turtles die every year, most carcasses never
reach the shore; rather, the carcasses are consumed by other organisms
or decompose sufficiently to sink to the ocean bottom where, depending
upon size, the carcass may form the basis of an ``organic fall''
ecosystem.
[[Page 32000]]
Stranding or beaching of marine mammals, sea turtles and/or marine
mammal or sea turtle carcasses may pose a risk to public health due to
the potential to transfer communicable diseases (e.g., brucellosis,
poxvirus and mycobacteriosis) to the exposed public. Marine carcasses
present a significant disposal concern not only because of their size
but also due to the frequency with which carcasses reach the shoreline.
From 2006--2021, an average of 6,300 marine mammals stranded on United
States shorelines per year (NMFS, 2024). A large majority of marine
mammals that strand either are dead or die shortly after stranding
(NMFS, 2022).
V. Disposal and Management Options
Generally, MMHSRP Stranding Agreement Holders and members of the
STSSN are authorized to respond to marine mammals and sea turtles,
respectively, that are found floating near shore or beached or stranded
along the shore. While Stranding Agreement Holders and members of the
STSSN do not and cannot respond to every stranded marine mammal and sea
turtle, when they do respond and deem disposal necessary, the carcass
must be disposed of properly. The MMHSRP has prepared a programmatic
Environmental Impact Statement that describes, among other things,
disposal and management options for carcasses of deceased marine
mammals (NMFS, 2022).
For a dead marine mammal or sea turtle encountered, generally
available methods for carcass disposal and management fall into two
main categories: remove-from-the-environment and remain-in-the-
environment. Remove-from-the-environment methods entail moving the
carcass for disposal through controlled means and include disposing of
a carcass in a landfill, or incinerating, rendering, or composting the
carcass. Remain-in-the-environment methods involve leaving the marine
mammal or sea turtle carcass in the environment to decompose naturally
and include the following: allowing the carcass to remain and decompose
in place; burying the carcass in place; and transporting the carcass to
sea for ocean disposal. No single method is recommended for every
carcass, and several factors are necessarily considered to determine
the best disposal method for any particular carcass. Selection of a
disposal method depends on factors such as number and size of the
animals, carcass condition, the location, if chemicals were
administered (including as antibiotics, sedatives and/or chemical
euthanasia agents), availability of local resources and transportation
logistics. Location considerations include coastal geography, currents,
proximity to areas used extensively by the public, and Tribal, Federal,
State, and/or local laws and regulations. While this Federal Register
publication discusses other disposal methods briefly, the MPRSA general
permit itself only concerns the disposal method to tow or otherwise
transport the carcass of a marine mammal or sea turtle to sea for ocean
disposal and the at-sea disposition of the remains.
A. Remove-from-the-Environment Methods
One benefit of removing the carcass from the environment is
minimizing the likelihood of infectious disease transmission to humans,
domesticated animals and wildlife. These methods either sequester the
carcass or destroy the carcass and any associated pathogens and should
be considered if the animal is suspected to have died from a disease
that can easily spread to human or other animal populations. Remove-
from-the-environment approaches can also be beneficial if the carcass
contains toxic chemicals, such as certain chemical euthanasia agents,
like pentobarbital. Some of these methods effectively remove these
substances from the environment.
1. Disposal in a Licensed Landfill
The most widespread remove-from-the-environment method is disposal
in a landfill. With this method, the carcass is removed from the
beaching or stranding location and brought to a nearby landfill in a
lined or contained transport vehicle. Disposal in a licensed landfill
can minimize the likelihood and adverse effect of releasing any toxic
substances contained in the carcass, including any euthanasia drugs,
because the substances can be contained to one location. However, not
all licensed landfills may be able to accept animals that have been
euthanized with barbiturates. Therefore, authorities would contact
local landfills to ensure that the landfill can accept carcasses that
contain these drugs.
2. Incineration
Incineration is the process by which carcass tissues are
disintegrated by burning. Incineration, particularly at an incineration
facility, destroys the physical integrity of a carcass and the
remaining ashes and hard parts (i.e., teeth, bones, etc.) are buried in
a landfill. Disposal via incineration can prevent the spread of
diseases, toxic materials and veterinary drugs contained in the carcass
from entering the environment. Disposal via the incineration method may
require preplanning and coordination with the local facility to fully
understand the biological load that the incineration facility can
manage. Incineration can be very expensive. Incineration facilities are
not commonly found in all areas of the United States and the
availability of commercial or municipal incinerators may be limited by
the transportability of the carcass.
3. Rendering
Rendering is an activity in which the carcass is rapidly reduced
and recycled into new products. Rendering uses all parts of the animal
and often creates a protein by-product (e.g., protein meal) and a fat
by-product (e.g., tallow and grease). Disposal via rendering exposes
the carcass to high heat to eliminate pathogens and prevent the spread
of diseases. However, if a carcass contains euthanasia drugs some
facilities may not be able to accept or process the carcasses depending
on the drug. Disposal via rendering requires preplanning and
coordination with the rendering facility to fully understand its
policies for disposal of animals that were chemically euthanized.
Rendering may be very expensive. Rendering facilities are not commonly
found in all areas of the United States and the availability of
rendering facilities may be limited by the transportability of the
carcass.
4. Composting
Composting marine mammal or sea turtle carcasses would involve
bringing a carcass to a commercial composting facility (which may or
may not require a State or local operating license) or to a site
designated specifically for carcass composting or composting in a
carcass digester. While composting is similar to disposal in a
landfill, it offers the added benefit that the nutrients contained
within the carcass are transformed into biologically available
material. Disposal via composting can minimize the threat of releasing
any pathogens or toxic substances contained in the carcass, including
euthanasia drugs, because composted carcasses are contained to one
location. However, if a carcass contains certain veterinary drugs, some
facilities may not be able to accept or process the carcasses. Disposal
via composting requires preplanning and coordination with the local
facility to fully understand their policies for disposal of animals
that were chemically euthanized and to ensure that all carcass compost
will be used in accordance with local and State
[[Page 32001]]
regulations on wildlife compost. Composting facilities are not commonly
found in all areas of the United States and the availability of
composting facilities may be limited by the transportability of the
carcass.
B. Remain-in-the-Environment Methods
The remain-in-environment methods of disposal involve leaving
marine mammal or sea turtle carcasses to naturally break down in the
same, or similar, area in which it was found. Natural decomposition or
burial in place may be used for both small and large marine mammal or
sea turtle carcasses and is often the most preferred method if the
carcass size or remoteness of the carcass location avoids logistical
issues related to transportation. Remain-in-the-environment disposal
methods should not be used for animals that were chemically euthanized
with drugs known to cause secondary poisoning.
1. In-Place Decomposition
Allowing a carcass to remain in place to decompose may be an
acceptable disposal method if the carcass does not pose a human
exposure risk for public health and animal health or result in
unacceptable odor or visual aesthetic impacts. In-place decomposition
may also be the most practical when the carcass is located in an area
that is remote or inaccessible to heavy equipment, thereby making other
options, such as burying in place or moving to a different disposal
location, infeasible.
2. In-Place Burial
In-place burial of a marine mammal or sea turtle carcass involves
burying the carcass in the same or a similar location where the animal
was found and may be used as a disposal method, especially when the
carcass is located near population centers or near areas used for
recreational activities. In-place burial involves excavating a trough
above the high tide line, placing the carcass in the trench and
covering the carcass with the excavated material. Burying the carcass
creates a barrier that minimizes the smell and sight of the decaying
carcass and reduces the likelihood of transmitting infectious diseases
and attracting scavengers. Utilizing the in-place burial disposal
method also depends on other factors such as the sediment substrate in
the area (e.g., fine sediments versus rocks and boulders), the
availability of appropriate excavation equipment, and ability to avoid
potential environmental damage (e.g., destruction of dunes, beach
grass, or nesting sites) caused by the transportation and operation of
excavation equipment.
3. Ocean Disposal
The ocean disposal method is the only method to which the MPRSA
general permit applies and imposes requirements. If a carcass cannot be
moved to a land-based disposal location, left above ground to decay, or
be buried in-place, then it would be appropriate to tow (or transport
offshore via another method) and dispose of the carcass in the ocean,
provided that an acceptable ocean disposal ``site'' or location can be
identified. Ocean disposal of a marine mammal or sea turtle carcass
entails selection of an appropriate location for the carcass to be
released or sunk to prevent the carcass from drifting or washing back
onshore with all reasonable effort, becoming a hazard to navigation, or
damaging protected and sensitive habitats. The carcass may float due to
gas formation from decomposition. To facilitate rapid sinking, opening
the body cavity may be necessary. If the carcass is to be sunk rather
than released at the disposal site, appropriate carcass preparation may
be necessary (e.g., piercing the body cavity, attaching weights, cement
barriers or chains) at the ocean disposal site so that the carcass will
not return to shore or pose a hazard to navigation.
VI. Potential Consequences of Marine Mammal and Sea Turtle Carcass
Disposal in the Ocean and Why a General Permit Is Appropriate
Leaving a marine mammal or sea turtle carcass in the environment to
decompose, for example through in-place decomposition or burial or
ocean disposal, provides a number of benefits to terrestrial, pelagic
and benthic ecosystems (NMFS, 2022). Marine mammal and sea turtle
carcasses that become stranded onshore and are left in-place to
decompose or are buried are an integral part of coastal ecosystems
providing a key source of food to scavengers and nutrients to the
sediments, which may be used by algae and plants potentially increasing
landscape heterogeneity (Bui 2009; Laidre et al., 2018; Quaggiotto et
al., 2022; Schultz et al., 2022). Marine mammal and sea turtle
carcasses that decompose while floating in ocean waters provide an
energy-rich source of food for other marine animals, such as orcas and
sharks (Leclerc et al., 2011; Quaggiotto et al., 2022; Schultz et al.,
2022; Tucker et al., 2019; Whitehead and Reeves, 2005). Most marine
mammal and sea turtle carcasses sink to the seafloor and decompose
naturally (Quaggiotto et al., 2022; Schultz et al., 2022). Whale
carcasses are a significant source of carrion in the marine
environment, representing a huge food supply to scavengers and
decomposers (Smith and Baco, 2003).
Whale falls, which occur naturally, are the most studied examples
of marine mammal carcass decomposition on the seafloor (Smith et al.,
2015). Whale falls are sites of intense and lasting enrichment of
organic material and sulfides on the seafloor which attract and sustain
diverse communities of vertebrate and invertebrate scavengers
(Quaggiotto et al., 2022). Most deep-sea benthic ecosystems are
organic-carbon limited and, in many cases, are dependent upon organic
matter from surface waters (Smith and Baco, 2003). A sunken carcass
provides a large load of organic carbon to the seafloor and enhances
the structural complexity of the seafloor, provides habitats for
chemosynthetic organisms and results in the establishment of
specialized biological assemblages (Smith and Baco, 2003; Oldach et
al., 2022; Smith et al., 2015). Over 20 macrofaunal species are known
to exclusively inhabit the microenvironment formed by large organic
falls and over 30 other macrofaunal species are known to inhabit these
sites (Smith and Baco, 2003). The deep-sea benthic ecosystem response
to whale falls has been the subject of scientific study and several
stages of succession have been observed in the assemblages (Smith and
Baco, 2003).
The duration of these stages of a whale fall varies greatly with
carcass size, but generally occur as follows. The first stage is marked
by the formation of bathyal scavenger assemblages that include
hagfishes, sleeper sharks, crabs and amphipods. During the second
stage, sediments surrounding the carcass, which have become enriched
with organic carbon, become colonized by high densities of worms (e.g.,
Dorvilleidae, Chrysopetalidae). Once the consumption of soft tissue is
complete, decomposition proceeds dominantly via anaerobic microbial
digestion of bone lipids. The efflux of sulfides from the bones may,
depending upon the size of the skeleton, provide for the formation of
chemoautotrophic assemblages, which marks the third stage of
succession. Chemoautotrophic assemblages typically consist of organisms
such as heterotrophic bacteria, mussels, snails, worms, limpets and
amphipods.
Water and sediment quality in the area adjacent to the fall may be
negatively affected by at-sea disposals of marine mammal carcasses
because a carcass could release contaminants into
[[Page 32002]]
the water during decomposition (NMFS, 2022). Because contaminants would
dilute rapidly in the water or break down over time in the tissues, the
adverse impact would be minor and no different than what would happen
naturally had the carcass sank to the seafloor and decomposed (NMFS,
2022).
The EPA has permitted numerous at-sea disposals of marine mammal
carcasses under the MPRSA. In 2020, the EPA conducted biological,
chemical and physical monitoring of a location offshore where several
marine mammal carcasses had been sunk for disposal between 2009 and
2020, with the most recent disposal occurring six months prior to
monitoring. The purpose of the survey was to determine any adverse
impacts the decomposing whales may have caused to the immediate benthic
community and surrounding area. Monitoring results from a recently
disposed humpback whale carcass revealed that the carcass was reduced
to whale bones with minimal whale tissue remaining within six months
and found no measurable impact on sediment quality parameters
(including total organic carbon, grain size and polychlorinated
biphenyl concentration) from decomposition.
Less research is available regarding at-sea decomposition of sea
turtle carcasses. When a sea turtle dies at sea, however, the carcass
typically sinks until decomposition gases cause the body to bloat and
float to the surface (Schultz et al., 2022). Partially submerged, sea
turtle carcasses may drift as they are transported by winds and
currents until it washes onshore or decomposes further and sinks to the
seafloor (Santos et al., 2018). Once settled on the seafloor, sea
turtle carcasses would decompose naturally (Schultz et al., 2022).
The EPA seeks to minimize the adverse impacts to the marine
environment from the materials used when necessary to sink carcasses
through a coordination between the general permittee and the regional
EPA MPRSA Coordinator. Environmentally benign materials that have been
used for sinking marine mammal carcasses include sandbags, jute rope,
concrete and steel cables. These materials do not cause adverse impacts
on water or sediment quality or harm the marine environment (NMFS,
2022). The small volume of sand used to sink carcasses does not cause
an adverse effect on the seafloor substrate type. Burlap sandbags and
jute rope (used to sink smaller carcasses), which are non-plastic
materials that are biodegradable, do not persist in the marine
environment or cause an ingestion hazard (Araya-Schmidt and Queirolo,
2019; Rautenbach et al., 2024; Unsworth et al., 2019; Wang et al.,
2021; Zhang et al., 2015). When jute rope is used to tie sandbags to
the animal, the shortest length possible is used to minimize the risk
of entanglement by other marine organisms. Concrete keel blocks and
steel cable used to sink larger carcasses are made from non-plastic,
inert materials that are not anticipated to degrade the water quality
of the seafloor or the water column (Melchers et al., 2022; Moffat et
al., 2017; NMFS, 2022; Sun et al., 2022).
Generally, marine mammal and sea turtle strandings represent a
minimum measure of actual at-sea mortality based on scientific studies
that estimate that stranding events represent only 10-20% of total
mortalities in open ocean environments (Epperly et al., 1996; Hart et
al., 2006; Santos et al., 2018). Considering the available scientific
information on marine mammal and sea turtle strandings, marine mammal
and sea turtle in situ decomposition and organic falls, the EPA finds
that the potential adverse effects of ocean disposal of marine mammal
or sea turtle carcasses under the MPRSA permit are minimal for the
following reasons: (1) except in rare instances, most marine mammal or
sea turtle carcasses would sink to and decompose on the ocean floor
rather than wash ashore; (2) the formation of an organic fall is a
naturally occurring phenomenon with no known adverse environmental
impacts; (3) the materials used for sinking carcasses are chosen to
minimize adverse environmental impacts; (4) the site selection for
sinking carcasses requires consultation to avoid adverse environmental
impacts; and (5) transporting a marine mammal or sea turtle carcass to
sea for ocean disposal, when other disposal methods are not viable,
presents a minimal perturbation to a naturally occurring phenomenon.
The EPA's findings are consistent with the statutory considerations
applicable to permit issuance under the MPRSA because: (1) the general
permit requires consideration of the need for ocean disposal and
consideration of land-based alternatives; (2) marine mammal and sea
turtle carcass disposals will not cause a significant adverse effect on
human health and welfare, fisheries resources, marine ecosystems, or
alternate uses of the ocean; (3) marine mammal and sea turtle carcass
disposals will not cause any persistent or permanent adverse effects;
and (4) the release and disposal locations will be appropriately
considered to protect human health and to minimize interference with
navigation.
VII. Statutory and Regulatory Background
MPRSA Section 101, 33 U.S.C. 1411, prohibits the unpermitted
transportation of any material for the purpose of dumping it into ocean
waters. MPRSA Section 102(a)(1), 33 U.S.C. 1412(a), authorizes the EPA,
after notice and the opportunity for public hearings, to issue MPRSA
permits. Section 102(a) of the MPRSA directs the EPA, in issuing a
permit and/or evaluating a permit application, to consider, among other
things, the need for ocean dumping as well as alternatives to ocean
dumping. MPRSA Section 104(c), 33 U.S.C. 1414(c), authorizes the EPA to
issue general permits for the transportation for the purpose of
dumping, dumping, or both for specified materials, or classes of
materials, it determines will have a minimal adverse environmental
impact. The EPA regulations explain that the EPA may issue general
permits for the dumping of materials that have a minimal adverse
environmental impact and are generally disposed of in small quantities,
or emergency permits for specific classes of materials that must be
disposed of in emergency situations (40 CFR 220.3(a) and (c)). The
towing or other method of transportation to move a marine mammal or sea
turtle carcass offshore by any person for disposal at sea constitutes
transportation of material for the purpose of dumping in ocean waters,
and thus is subject to the MPRSA. Because the material to be disposed
will consist of the carcass or carcasses, and in some cases
environmentally benign material used to sink the carcass or carcasses,
there will be no materials present that are prohibited by 40 CFR 227.5.
VIII. Consideration of Subsistence Uses Authorized Under the MMPA
In re-issuing this general permit, the EPA attempts, to the maximum
extent allowable, to avoid interference with long-standing subsistence
uses and traditional cultural practice of Alaska natives and the Makah
Indian Tribe engaged in ceremonial and subsistence practices.
Recognition of subsistence uses is incorporated into the MMPA and the
EPA derived permit terms for such users consistent with the MMPA's
designed recognition of those uses. In re-issuing this general permit,
the EPA does not intend to change, alter or otherwise affect
subsistence uses of marine mammals by Alaska Natives and members of the
Makah Indian Tribe.
The general permit does not in any way require ocean disposal of
marine mammal carcasses. Instead, the permit
[[Page 32003]]
merely provides the required Federal permit authorization of ocean
disposal of marine mammal carcasses when there is a need for
disposition of carcasses at sea. Subsistence activities of Alaska
Natives and members of the Makah Indian Tribe that fall outside the
scope of ocean disposition of carcasses may include: hunting,
harvesting, salvaging, hauling, dressing, butchering, distribution, and
consumption of marine mammals (or any other species used for
subsistence purposes); the transportation and disposition of marine
mammal carcasses at inland locations, such as in whale boneyards or in
inland waters (i.e., waters that are landward of the baseline of the
territorial sea, such as rivers, lakes, and certain enclosed bays or
harbors); or leaving marine mammal carcasses to decompose in place,
where there is no transportation by vessel or other vehicle for the
purpose of ocean disposal. The purpose of this general permit is to
expedite the required MPRSA permit authorizations the EPA manages for
the ocean disposal of marine mammal carcasses.
A. Consideration of Alaska Natives Engaged in Subsistence Uses
Alaska Natives engaged in subsistence uses are not required to, but
may, transport and dispose of marine mammal carcasses in ocean waters.
The EPA developed Section B of the general permit taking into
consideration the subsistence use patterns and needs of Alaska Native
persons. For purposes of this general permit, the EPA uses the term
``Alaska Native'' with reference to the MMPA exemption specifically,
the exemption for ``any Indian, Aleut, or Eskimo who resides in Alaska
and who dwells on the coast of the North Pacific Ocean or the Arctic
Ocean'' who takes a marine mammal ``for subsistence purposes'' or ``for
purposes of creating and selling authentic native articles of
handicrafts and clothing'' and provided such taking is not in a
wasteful manner (16 U.S.C. 1371(b)).
Section B of the general permit provides separate terms for
authorized ocean disposal of marine mammal carcasses by an Alaska
Native engaged in subsistence uses for two reasons. First, marine
mammals are comparatively abundant and widely distributed throughout
coastal Alaska, and Alaska Natives depend upon these natural resources
for many customary and traditional uses. Collectively, the customary
and traditional uses (e.g., food, clothing) are referred to as
``subsistence uses.'' Alaska Natives have been using marine mammals for
subsistence for thousands of years. The United States recognizes the
importance of Alaska Native subsistence uses under the MMPA, which
expressly exempts Alaska Natives engaged in subsistence uses from the
general prohibition on ``taking'' marine mammals under certain
circumstances (16 U.S.C. 1371(b)). The MPRSA, by comparison, does not
include a similar exemption for the transport and disposal in ocean
waters by Alaska Natives when marine mammal carcasses (or parts
thereof) have no further use for subsistence purposes. Section B of the
general permit accommodates the absence of an MPRSA exemption similar
to the MMPA exemption by facilitating authorization of ocean disposal
of marine mammal carcasses by Alaska Natives, including through annual
rather than episodic reporting. Second, many coastal communities of
Alaska Natives who engage in subsistence uses are located in remote
locations and thus face a time-critical public safety issue, for
example, when a marine mammal carcass washes ashore near a village or
town, or a marine mammal is harvested or salvaged and the carcass is
hauled ashore near a village or town. Such carcasses may attract bears
or other scavenger animals, which may increase the risk of human injury
or mortality. For these reasons, there are specific provisions in the
general permit for Alaska Natives engaged in subsistence activities to
expedite the transport and disposal of marine mammals in ocean waters,
if necessary.
With these considerations in mind, the EPA's re-issuance of the
Alaska Native-specific permit conditions (see Section B) is intended,
to the maximum extent allowable, to avoid unnecessary interference with
long-standing subsistence uses and traditional cultural practices, and
to recognize the unique circumstances of Alaska Natives engaged in
subsistence uses. In re-issuing this general permit, the EPA does not
intend to change, alter, or otherwise affect subsistence uses of marine
mammals by Alaska Natives engaged in subsistence uses. Section B sets
forth requirements designed to address these considerations while also
complying with international treaties, the MPRSA, and the EPA's
regulations at 40 CFR subchapter H. The primary differences between
Sections A and B relate to Federal agency concurrence, distance from
land requirements for ocean disposal, and reporting requirements.
B. Consideration of Members of the Makah Indian Tribe
Members of the Makah Indian Tribe engaged in ceremonial and
subsistence uses of marine mammals may, but are not required to,
transport and dispose of marine mammal carcasses in ocean waters. For
purposes of this general permit, Section C of the general permit
authorizes ocean disposal of marine mammal carcasses by any member of
the Makah Indian Tribe engaged in subsistence uses. The Makah Indian
Reservation occupies a reservation located on the remote, northwestern
tip of Washington State where the Strait of Juan de Fuca meets the
Pacific Ocean. For thousands of years, the Makah Indian Tribe has
depended on resources from the ocean for their subsistence, culture,
and economy and hunting and harvesting whales, seals, other marine
mammals, and marine fish have always been integral and essential to the
Makah Indian Tribe.
The United States recognizes the importance of ceremonial and
subsistence uses of marine mammals by the Makah Indian Tribe through
the Treaty of Neah Bay. Through the Treaty of Neah Bay, the United
States recognizes sovereign rights of the Makah Indian Tribe to natural
resources and cultural practices, including the right to hunt and
harvest whales, seals, other marine mammals, and marine fish, as well
as the Makah Indian Reservation. By regulation, the Secretary of
Commerce has issued a conditional waiver from the MMPA moratorium on
the take of Eastern North Pacific gray whales for enrolled members of
the Makah Indian Tribe (50 CFR 216.10 through 216.119; 16 U.S.C.
1371(a)(3)(A)). By comparison, the MPRSA does not provide the EPA with
authority to waive permitting requirements for the transport and
disposal in ocean waters when marine mammal carcasses (or parts
thereof) have no further subsistence or ceremonial use. For reasons
similar to the accommodations for Alaska Natives, the EPA includes
Makah Indian Tribe-specific permit conditions (see Section C) to
minimize interference with long-standing marine mammal subsistence uses
and traditional cultural practices of the Makah Indian Tribe.
Though EPA did not propose the Makah Indian Tribe-specific
provisions, the inclusion of these provisions in this final general
permit merely recognizes the existing MMPA waiver of the Eastern North
Pacific gray whale moratorium applicable to the Makah Indian Tribe. The
difference between Sections A and C (for the Makah Indian Tribe)
relates to one aspect of prior consultation. Section C of the general
permit does not require that members of the Makah Indian Tribe conduct
prior consultation with a Stranding Agreement Holder for the disposal
of
[[Page 32004]]
carcasses (or parts thereof) that have no further subsistence or
ceremonial use. In addition, Section C includes conditions required as
part of the Clean Water Act section 401 water quality certification
process, as explained below, regardless of how unlikely it may be that
a member of the Makah Indian Tribe might transport carcasses (or parts
thereof) to the waters where those additional conditions apply.
IX. Discussion
Considering the information presented in the previous sections, the
EPA determines that the potential adverse environmental impacts of
marine mammal or sea turtle carcass disposals at sea, in compliance
with the permit's terms, are minimal and that marine mammal and sea
turtle carcasses often must be disposed of to mitigate threats to
public safety (e.g., recreational uses in nearby waters) as well as
risks of navigation hazards. As such, issuance of a general permit for
the transportation for the purpose of disposal and the ocean disposal
of marine mammal and sea turtle carcasses is appropriate under the
MPRSA.
Authorization under Section A of the general permit is available to
Tribal, Federal, State, and local government officials and employees
acting in the course of official duties and to MMHSRP Stranding
Agreement Holders and members of the STSSN. Section A authorizes such
persons to transport and dispose of marine mammal or sea turtle
carcasses in ocean waters. Section A requires that each such permittee
consult with the MMHSRP of NMFS or the STSSN--and recommends that each
such general permittee consults with the applicable USCG District
Office--prior to initiating any ocean disposal activities with respect
to a marine mammal or sea turtle carcass. Permittees authorized under
Section A would need to consult with and obtain concurrence from the
applicable EPA Regional Office on selection of an ocean disposal site,
which must be at a location three miles seaward of the mean lower low
water line (ordinary low water mark) along the coast or a ``closing
line'' across river mouths and openings of bays as demarcated on
nautical charts. Disposal sites in the ocean waters of Puget Sound are
not subject to the distance-from-shore restriction; however, permittees
would need to consult with and obtain concurrence from EPA Region 10 on
selection of the site. The EPA requested certification under Clean
Water Act section 401 that discharges under this permit will comply
with applicable provisions of Clean Water Act sections 301, 302, 306
and 307 from the State of Washington and from Tribes in the Puget Sound
area for disposals in the ocean waters of Puget Sound that are not
subject to the permit's distance-from-shore restriction. Only one
entity, the Port Gamble S'Klallam Tribe, required additional conditions
as part of the certification process, and those conditions are included
in the permit. All permittees authorized under Section A also need to
submit a report to the applicable EPA Regional Office on the ocean
disposal activities after the disposal.
Alaska Natives engaged in subsistence uses are not required to, but
may, transport and dispose of marine mammal carcasses in ocean waters.
When disposal in ocean waters is the selected disposal approach,
Section B of the general permit authorizes any Alaska Native engaged in
subsistence uses to transport and dispose of a marine mammal carcass in
ocean waters. Under Section B, the Alaska Native general permittee
selects an ocean disposal site sufficiently far offshore so that
currents and winds are not expected to return the carcass to shore, and
the carcass is not expected to pose a hazard to navigation and
afterwards submits, on an annual basis, a report to EPA Region 10 on
ocean disposal activities conducted in the prior calendar year. Section
B does not require a statement of need for selecting ocean disposal nor
does it specify a distance requirement. The EPA requested certification
under Clean Water Act section 401 that discharges under Section B of
this permit will comply with applicable provisions of Clean Water Act
Sections 301, 302, 306 and 307 from the State of Alaska for disposals
in ocean waters by any Alaska Native at any distance from shore. The
State of Alaska certified discharges associated with this general
permit under Clean Water Act section 401 without additional conditions.
X. Response to Comments Received
The EPA published notice of the proposed re-issuance of the general
permit on October 8, 2024, and invited public comment for a 60-day
period that concluded on December 9, 2024. The EPA received four
comment letters from private citizens, a non-governmental organization
and an Alaska Native Village. All comments received supported re-
issuance of this general permit and agreed with the EPA's assessment
that the activities would not result in long-lasting adverse impacts.
The EPA has developed a Response to Comments documents explaining the
EPA's consideration of public comments received during the comment
period. In response to the comments received, the EPA modified the
final permit with expansions in the scope of eligibility and
clarifications, including to improved language clarity and
organization.
XI. Statutory and Executive Order Reviews
A. Paperwork Reduction Act
The information collections under this general permit are covered
under the MPRSA Information Collection Request (ICR) that has been
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act. The ICR document that the EPA prepared for all
MPRSA activities has been assigned EPA ICR number 0824.08.
Under section 104(e) of the MPRSA, 33 U.S.C. 1414(e) and
implementing regulations at 40 CFR 221.1 and 221.2, applicants for an
MPRSA permit must provide information that the EPA determines is
necessary to review and evaluate such application, for example, to
ensure that ocean dumping is appropriately regulated and will not harm
human health or the marine environment. To meet United States'
reporting obligation under the London Convention, the EPA reports some
of this information in the annual United States ocean dumping report,
which is transmitted to the International Maritime Organization for
treaty compliance purposes.
Respondents/affected entities: Any officer, employee, agent,
department, agency, or instrumentality of Tribal, Federal, State, or
local unit of government, as well as any MMHSRP Stranding Agreement
Holder and/or authorized member of the STSSN, who disposes of a marine
mammal or sea turtle carcass in ocean waters and any Alaska Natives or
members of the Makah Indian Tribe engaged in subsistence uses who
disposes of a marine mammal carcass in ocean waters will be affected by
this general permit. Under this general permit, respondents do not need
to request permit authorization because the general permit authorizes
ocean disposal of a marine mammal or sea turtle carcass by an eligible
person.
Respondent's obligation to respond: Pursuant to regulations
implementing section 104(e) of the MPRSA, 33 U.S.C. 1414(e), at 40 CFR
221.1 through 221.2, the EPA requires all ocean dumping permittees to
supply specified reporting information.
[[Page 32005]]
B. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This MPRSA permitting action has Tribal implications, but the
general permit will neither impose substantial direct compliance costs
on federally recognized Tribal governments, nor preempt Tribal law. The
general permit has Tribal implications because it may affect
traditional practices of some Tribes.
The EPA consulted with Tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of reviewing the previous general permit and preparing to re-issue this
general permit to allow them to have meaningful and timely input into
its development.
On February 14, 2023, the EPA emailed a consultation notification
letter with a consultation and coordination plan to all 574 federally
recognized Tribes, notifying them of this upcoming action and inviting
Tribal leaders and designated consultation representatives to
participate in the Tribal consultation and coordination process.
In early 2024, when the EPA was considering expanding the scope of
the general permit to include ocean waters of Puget Sound, it held an
additional Tribal coordination and consultation period for the Tribes
in the Puget Sound area that could be affected by any such expansion of
the permit's scope.
On April 2, 2024, the EPA emailed a consultation notification
letter with a consultation and coordination plan to federally
recognized Tribes in the Puget Sound area, notifying the Tribes of the
proposal to modify the scope of the permit, and inviting Tribal leaders
and designated consultation representatives to participate in the
Tribal consultation and coordination process. A summary of the Tribal
consultation and coordination effort, the Tribal input received, and
how the EPA considered the input received may be found in the docket
for this action (Docket ID No. EPA-HQ-OW-2023-0329).
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[[Page 32006]]
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Stacey M. Jensen,
Director, Oceans, Wetlands, and Communities Division.
For the reasons stated above, the EPA re-issues the general permit
for the transportation and ocean disposal of marine mammal and sea
turtle carcasses as follows:
General Permit for the Transportation and Ocean Disposal of Marine
Mammal and Sea Turtle Carcasses
A. General Requirements for Governmental Entities and Stranding
Agreement Holders
Except as provided in Sections B and C below, any officer,
employee, agent, department, agency, or instrumentality of Tribal,
Federal, State, or local unit of government, any Marine Mammal Health
and Stranding Response Program Stranding Agreement Holder, and any
authorized member of the Sea Turtle Stranding and Salvage Network who
already may take a marine mammal or sea turtle under the Endangered
Species Act or Marine Mammal Protection Act, is hereby granted a
general permit to transport for the purpose of disposal and dispose of
marine mammal and sea turtle carcasses in ocean waters subject to the
following conditions:
1. The permittee shall consult with a Stranding Agreement Holder of
the National Marine Fisheries Service or an authorized member of the
Sea Turtle Stranding and Salvage Network prior to initiating any
disposal activities, unless the permittee is an Agreement Holder or
Network member, respectively. Points of contact for Stranding Agreement
Holders and members of the Sea Turtle Stranding and Salvage Network are
available at https://www.epa.gov/marine-protection-permitting/ocean-disposal-marine-mammal-and-sea-turtle-carcasses.
2. The permittee shall consult with and obtain written concurrence
(via email or letter) from the applicable EPA Regional Office on ocean
disposal site selection. A disposal site must be at a location three
miles seaward of the mean lower low water line (ordinary low water
mark) along the coast or ``closing lines'' across river mouths and
openings of bays as demarcated on nautical charts. Disposal sites in
the ocean waters of Puget Sound are not subject to the distance-from-
shore restrictions, however permittees would need to consult with and
obtain concurrence from EPA Region 10 on selection of the site. Because
the presence of a marine mammal or sea turtle carcass near human
habitation or recreation areas may pose a time-critical public safety
issue, the permittee may obtain concurrence via telephone from the
applicable EPA Regional Office provided that the permittee subsequently
obtains written concurrence (via email or letter). Points of contact at
the EPA are available at https://www.epa.gov/marine-protection-permitting/ocean-disposal-marine-mammal-and-sea-turtle-carcasses.
3. If a determination is made that the carcass must be sunk, rather
than released at the disposal site, the transportation and disposal of
materials necessary to ensure the sinking of the carcass are also
authorized for ocean dumping under this general permit. When materials
are to be used to sink the carcass, the permittee must first consult
with and obtain written concurrence (via email or letter) from the
applicable EPA Regional Office on the selection of materials. Any
materials described in 40 CFR 227.5 (prohibited materials) or 40 CFR
227.6 (constituents prohibited as other than trace amounts) shall not
be used. The transportation and dumping of any materials other than the
materials necessary to ensure the sinking of the carcass are not
authorized under this general permit and constitute a violation of the
MPRSA. Because the presence of a marine mammal or sea turtle carcass
near human habitation or recreation areas may pose a time-critical
public safety issue, the permittee may obtain concurrence via telephone
from the applicable EPA Regional Office provided that the permittee
subsequently obtains written concurrence (via email or letter).
4. The permittee shall submit a report on the ocean disposal
activities authorized by this general permit to the applicable EPA
Regional Office within 30 days after carcass disposal. This report
shall include:
a. A description of the carcass(es) disposed (e.g., species,
approximate length, general condition, floating or not);
b. The date and time of the disposal, the latitude and longitude of
the ocean disposal site, and the geodetic datum associated with the
coordinates of the disposal site. Latitude and longitude of the
disposal site shall be reported at the highest degree of accuracy
available on board the vessel that transported the carcass (e.g.,
onboard geographic position system technology);
c. The name, title, affiliation, and contact information of the
person in charge of the disposal operation and the person in charge of
the vessel or vehicle that transported the carcass (if different than
the person in charge of the disposal); and
d. A statement of need and rationale for selecting ocean disposal
rather than other disposal options.
5. The permittee shall immediately notify the EPA of any violation
of any condition of this general permit.
6. Additional permit conditions as required by the Port Gamble
S'Klallam Tribe's Clean Water Act Section 401 certification for
transportation and disposal of marine mammal and sea turtle carcasses
waters within the boundaries of the Port Gamble S'Klallam Reservation
and trust lands:
a. Entities covered under this general permit shall use best
management practices for sediment and turbidity control.
b. No discharge covered under the general permit shall cause
exceedances of port Gamble S'Klallam Surface Water Quality Standards
narrative or number criteria.
c. No carcasses shall be disposed of near shellfish beds used by
Tribal fishers.
d. No activities under this general permit may negatively impact
Tribal resources.
e. The Natural Resources Department shall be notified within 24
hours of any accidents, equipment failures, or unexpected impacts
resulting from activities associated with this general permit.
B. Requirements for Any Alaska Native Engaged in Subsistence Uses
Notwithstanding Section A, any Alaska Native engaged in subsistence
uses is hereby granted a general permit to transport for the purpose of
disposal and dispose of marine mammal carcasses in ocean waters subject
to the following conditions:
1. The permittee shall submit a report (via email or letter) on all
disposal activities authorized by this general permit that the
permittee has conducted in the prior calendar year. Reports shall be
submitted to EPA Region 10 within 30 days of the end of the calendar
year. Contact information for EPA Region 10 is available at https://www.epa.gov/marine-protection-permitting/ocean-disposal-marine-mammal-and-sea-turtle-carcasses. This report shall include:
a. The number and type of carcasses disposed;
b. A description of the general vicinity in which the carcasses
were disposed; and
c. The name and contact information of the permittee.
2. Where ocean disposal is the selected approach, marine mammal
[[Page 32007]]
carcasses must be towed or otherwise transported to a site offshore
where, based on available information, which may include local or
traditional knowledge, currents and winds are not expected to return
the carcass to shore and the carcass is not expected to pose a hazard
to navigation.
C. Requirements for Any Member of the Makah Indian Tribe Engaged in
Subsistence Uses
Notwithstanding Section A, any member of the Makah Indian Tribe who
already may take a marine mammal under the Endangered Species Act and
the Marine Mammal Protection Act is hereby granted a general permit to
transport for the purpose of disposal and dispose of marine mammal
carcasses in ocean waters subject to the following conditions:
1. The permittee shall consult with and obtain written concurrence
(via email or letter) from the EPA Region 10 Office on ocean disposal
site selection. A disposal site must be at a location three miles
seaward of the mean lower low water line (ordinary low water mark)
along the coast or ``closing lines'' across river mouths and openings
of bays as demarcated on nautical charts. Disposal sites in the ocean
waters of Puget Sound are not subject to the distance-from-shore
restrictions, however permittees would need to consult with and obtain
concurrence from EPA Region 10 on selection of the site. The permittee
may obtain concurrence via telephone from the EPA Region 10 Office
provided that the permittee subsequently obtains written concurrence
(via email or letter). Points of contact at the EPA are available at
https://www.epa.gov/marine-protection-permitting/ocean-disposal-marine-mammal-and-sea-turtle-carcasses.
2. If a determination is made that the carcass must be sunk, rather
than released at the disposal site, the transportation and disposal of
materials necessary to ensure the sinking of the carcass are also
authorized for ocean dumping under this general permit. When materials
are to be used to sink the carcass, the permittee must first consult
with and obtain written concurrence (via email or letter) from the EPA
Region 10 Office on the selection of materials. Any materials described
in 40 CFR 227.5 (prohibited materials) or 40 CFR 227.6 (constituents
prohibited as other than trace amounts) shall not be used. The
transportation and dumping of any materials other than the materials
necessary to ensure the sinking of the carcass are not authorized under
this general permit and constitute a violation of the MPRSA. The
permittee may obtain concurrence via telephone from the EPA Region 10
Office provided that the permittee subsequently obtains written
concurrence (via email or letter).
3. The permittee shall submit a report on the ocean disposal
activities authorized by this general permit to the EPA Region 10
Office within 30 days after carcass disposal. This report shall
include:
a. A description of the carcass(es) disposed (e.g., species,
approximate length, general condition, floating or not);
b. The date and time of the disposal, the latitude and longitude of
the ocean disposal site, and the geodetic datum associated with the
coordinates of the disposal site. Latitude and longitude of the
disposal site shall be reported at the highest degree of accuracy
available on board the vessel that transported the carcass (e.g.,
onboard geographic position system technology);
c. The name, title, affiliation, and contact information of the
person in charge of the disposal operation and the person in charge of
the vessel or vehicle that transported the carcass (if different than
the person in charge of the disposal); and
d. A statement of need and rationale for selecting ocean disposal
rather than other disposal options.
4. The permittee shall immediately notify the EPA of any violation
of any condition of this general permit.
5. Additional permit conditions as required by the Port Gamble
S'Klallam Tribe's Clean Water Act Section 401 certification for
transportation and disposal of marine mammal and sea turtle carcasses
waters within the boundaries of the Port Gamble S'Klallam Reservation
and trust lands:
a. Entities covered under this general permit shall use best
management practices for sediment and turbidity control.
b. No discharge covered under the general permit shall cause
exceedances of port Gamble S'Klallam Surface Water Quality Standards
narrative or number criteria.
c. No carcasses shall be disposed of near shellfish beds used by
Tribal fishers.
d. No activities under this general permit may negatively impact
Tribal resources.
e. The Natural Resources Department shall be notified within 24
hours of any accidents, equipment failures, or unexpected impacts
resulting from activities associated with this general permit.
[FR Doc. 2025-13268 Filed 7-15-25; 8:45 am]
BILLING CODE 6560-50-P