Issuance of a General Permit for Ocean Disposal of Marine Mammal and Sea Turtle Carcasses, 81519-81527 [2024-23035]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81519-81527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23035]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2023-0329; FRL-10681-01-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 proposed general permit.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to re-
issue 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 authorization 
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 Life Health and Stranding Response Program 
(MLHSRP) Stranding Agreement Holder, and any Alaska Native, who already 
may take a marine mammal or sea turtle under the Endangered Species Act 
(ESA) and/or Marine Mammal Protection Act (MMPA). In 2017, the EPA 
issued a general permit for the ocean disposal of marine mammal 
carcasses to streamline MPRSA authorization and reduce burdens 
associated with case-by-case permitting. Permit re-issuance is 
necessary because the most recent permit expired on January 4, 2024. 
The EPA is not proposing substantive changes to the content of the 
recently expired general permit. The EPA invites public comment on all 
aspects of this proposed general permit.

DATES: Comments on this proposed general permit will be accepted until 
December 9, 2024.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2023-0329, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., 
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this proposed general permit. Comments received may be posted 
without change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments, 
see the SUPPLEMENTARY INFORMATION section of this document.

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:

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2023-
0329, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from the docket. The Environmental Protection 
Agency (EPA) may publish any comment received to its public docket. Do 
not submit to EPA's docket at https://www.regulations.gov any 
information you consider to be Confidential Business Information (CBI), 
Proprietary Business Information (PBI), or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). 
Please visit https://www.epa.gov/dockets/commenting-epa-dockets for 
additional submission methods; the full EPA public comment policy; 
information about CBI, PBI, or multimedia submissions; and general 
guidance on making effective comments.

I. General Information

A. Does this action apply to me?

    The authorization proposed 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 Life Health and Stranding Response Program (MLHSRP), including 
any Stranding Agreement Holder, and any Alaska Native, who already may 
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 proposed 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 such disposals.

C. Why does the EPA permit ocean disposal of marine mammal and sea 
turtle carcasses?

    Unless expressly excluded from the Marine Protection, Research, and

[[Page 81520]]

Sanctuaries Act (MPRSA), the transportation and disposition of any 
material in ocean waters, including marine mammal and sea turtle 
carcasses, requires a permit under the MPRSA.

D. Why does this action require reporting?

    Given the natural occurrence of marine mammal and sea turtle 
carcasses in the marine environment, 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 through 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. Those 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 by the MPRSA, annually to the International 
Maritime Organization.

II. Federal Law and International Conventions

    Unless expressly excluded from the MPRSA, the transportation for 
the purpose of dumping and dumping of any material in ocean waters 
requires authorization under the MPRSA. The MPRSA uses the term 
``dumping,'' and that term is defined broadly to encompass the 
disposition of material both for the purpose of disposal, including the 
disposal of marine mammal or sea turtle carcasses at sea, and for 
purposes other than disposal.
    In the United States, the MPRSA implements the requirements of 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 that 
Contracting Parties issue a permit for the dumping of wastes and other 
matter at sea and report, annually, on all permits issued and 
monitoring activities undertaken. Under the MPRSA, the EPA establishes 
general terms of authorization for the ocean disposal of marine mammal 
and sea turtle carcasses, but other Federal laws are implicated.
    The Marine Mammal Protection Act (MMPA), which is relevant for the 
purposes of this permit, as explained later, regulates ``marine 
mammals'' meaning any mammal that is morphologically adapted to the 
marine environment (including sea otters and members of the orders 
Sirenia, Pinnipedia, 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 family Cheloniidae or Dermochelyidae. Other than for 
Alaska Natives with disposal needs when engaged in subsistence uses 
recognized by the MMPA, the EPA does not anticipate that ocean disposal 
will be necessary for marine mammal or sea turtle carcasses except in 
unusual circumstances, such as but not limited to, beached and floating 
marine mammal or sea turtle carcasses and mass strandings of marine 
mammals or sea turtles resulting in mortalities. In those unusual 
circumstances, ocean disposal 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 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 issuing the proposed 
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 
issued for another seven-year period. Since January 5, 2017, when the 
first general permit for the ocean disposal of marine mammal carcasses 
became effective, the EPA has authorized 32 marine mammal carcass 
disposals in ocean waters under the general permit and an additional 43 
marine mammal carcass disposals using emergency permits. The proposed 
permit would avoid the need for future emergency permitting for marine 
mammal or sea turtle carcasses.
    Federal laws providing protection and conservation of marine 
mammals and sea turtles include the MMPA, the 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 proposed 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. 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 based upon the needs of subsistence fishing in Alaska 
villages. The hunt is managed cooperatively by the National Marine 
Fisheries Service (NMFS) and the Alaska Eskimo Whaling Commission under 
the WCA and the MMPA. As such, any Alaska Native, who already may take 
a marine mammal under the MMPA and the ESA, are provided authority 
under this proposed general permit should marine mammal carcasses need 
to be transported and disposed at sea.
    The other relevant Federal program under the MMPA and the ESA is 
implemented by NMFS. MLHSRP Stranding Agreement Holders are provided 
authority under this proposed 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.). MLHSRP Stranding Agreement 
Holders are provided authority under this proposed general permit 
because Stranding Agreement Holders also are authorized to take sea 
turtles subject to the provisions of the ESA (16 U.S.C. 1531 et seq.) 
and 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, MLHSRP 
Stranding Agreement Holders 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 (e.g., in a harbor) may pose a risk 
to public

[[Page 81521]]

safety before making land fall to the extent it might attract predators 
(e.g., sharks) to a recreation area in nearby waters or 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 removal of the carcass(es). MPRSA authorization to transport 
the carcass for the purpose of ocean disposal would be available 
through this proposed general permit if the navigation hazard removal 
operation requires ocean disposal of such carcasses.

IV. Strandings and Beachings

    Marine mammals or 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'' (e.g., 
kelp, wood, and whale falls) ecosystem.
    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 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 are either dead or die shortly after stranding (NMFS, 
2022).

V. Disposal and Management Options

    Generally, MLHSRP Stranding Agreement Holders are authorized to 
respond to marine mammals and sea turtles that are found floating near 
shore or beached, stranded along the shore. While Stranding Agreement 
Holders 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 MLHSRP has prepared a 
programmatic Environmental Impact Statement that describes, among other 
things, disposal and management options for carcasses of deceased 
marine mammals and sea turtles.
    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, and 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 one method is recommended for every carcass, 
and several factors are necessarily considered to determine the best 
disposal method for each carcass. Selection of a disposal method 
depends on factors such as number and size of the animal(s), carcass 
condition, the location, if chemicals were administered (including as 
antibiotics, sedatives and/or chemical euthanasia agents), availability 
of local resources, and 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 other disposal methods are briefly discussed in background 
materials associated with this general permit, the proposed general 
permit only concerns the disposal method to tow or otherwise transport 
marine mammal or sea turtle carcass(es) to sea for ocean disposal.

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 
(e.g., 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 impact of releasing any toxic substances contained in 
the carcass, including euthanasia drugs (e.g., pentobarbital), 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 broken 
down by burning. Incineration 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 consultation with the 
local facility to fully understand the biological load that the 
incineration facility can handle. 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

[[Page 81522]]

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 consultation with the rendering facility to 
fully understand its policies for disposal of animals that were 
chemically euthanized (e.g., pentobarbital). 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 impact of releasing 
any pathogens or toxic substances contained in the carcass, including 
euthanasia drugs (pentobarbital), 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 
consultation 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 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 the 
marine mammal or sea turtle carcass to naturally break down in the 
same, or similar, area in which it was found. Natural decomposition (or 
burial) may be used for both small and large marine mammals or sea 
turtles and is often the most preferred method if the carcass size or 
remoteness of the carcass location avoids logistical issues. Remain-in-
the-environment disposal methods should not be used for animals that 
were chemically euthanized with drugs known to cause secondary 
poisoning, such as pentobarbital.
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 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 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 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 proposed 
general permit would apply and impose requirements. If a carcass cannot 
be moved to a land-based disposal location, left above ground to decay, 
or be buried in-place, it may be towed or moved offshore via another 
transportation method and disposed 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, becoming a 
hazard to navigation, and/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 (e.g., in-place decomposition or burial, ocean disposal) 
provides many benefits to terrestrial, pelagic and benthic ecosystems 
(NMFS, 2022). Marine mammal and sea turtle carcasses which become 
stranded on shores 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 utilized 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

[[Page 81523]]

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 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 formed typically consist of 
organisms such as heterotrophic bacteria, mussels, snails, worms, 
limpets, and amphipods.
    Water and sediment quality may be negatively affected by at-sea 
disposals of marine mammal carcasses because a carcass could release 
contaminants into 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 this survey was to determine the impact 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 to sink carcasses through required consultation 
by the permittee with the applicable EPA MPRSA Coordinator. Materials 
that have been used for sinking marine mammal carcasses under the MPRSA 
include jute rope, sandbags, concrete and steel cables that do not 
cause adverse impact on water or sediment quality (NMFS, 2022). 
Materials used effectively to do so include: (1) small volumes of sand 
that do not cause an adverse effect on the seafloor substrate type; (2) 
burlap sandbags and jute rope (used to sink smaller carcasses) because 
they are non-plastic, especially biodegradable materials that would not 
persist 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); (3) jute rope used to tie the bags to the animal 
that is the shortest length needed so to minimize the risk of 
entanglement; and (4)) concrete keel blocks and steel cable used to 
sink larger carcasses 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 as scientific 
studies have estimated 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 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 land-based alternatives; (2) marine 
mammal and sea turtle carcass disposals will not cause a significant 
adverse effect on human health, fisheries resources, or marine 
ecosystems; and (3) marine mammal and sea turtle carcass disposals will 
not result in permanent adverse effects.

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 ocean 
dumping permits. 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 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, there will be no materials present that 
are prohibited by 40 CFR 227.5.

[[Page 81524]]

VIII. 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. 
However, Section B of the proposed general permit includes specific 
considerations that are available to Alaska Native persons engaged in 
subsistence uses. For purposes of this proposed general permit, the EPA 
intends the term ``Alaska Native'' to be based on the statutory term 
defined at 16 U.S.C. 1371(b) that refers to ``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. Section B of the proposed general permit 
authorizes 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 Native subsistence uses of marine mammals 
have been ongoing for thousands of years. The United States has 
recognized the importance of subsistence uses of marine mammals by 
Alaska Natives through enactment of 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 proposed 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.
    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 proposed 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 intent in reissuing 
the Alaska Native-specific permit conditions (see Section B) is, 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 proposing 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.
    To further clarify, the proposed general permit does not in any way 
require ocean disposal of marine mammal carcasses; it merely authorizes 
ocean disposal of marine mammal carcasses when there is a need for such 
disposals. Additionally, the proposed general permit is not intended to 
and does not regulate: any subsistence activities of Alaska Natives, 
including hunting, harvesting, salvaging, hauling, dressing, 
butchering, distribution, and consumption of marine mammals (or any 
other species used for subsistence purposes); the transportation and 
dumping of marine mammal carcasses on land, 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 on 
sea ice (or in a hole or lead in the sea ice), where there is no 
transportation by vessel or other vehicle for the purpose of ocean 
disposal. The purpose of this proposed general permit is to expedite 
required authorizations the EPA manages for the ocean disposal of 
marine mammal carcasses.

IX. Discussion

    Considering the information presented in the previous section, the 
EPA determines that the potential adverse environmental impacts of 
marine mammal or sea turtle carcass disposal at sea 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 proposed general permit is 
available to Tribal, Federal, state, and local government officials and 
employees acting in the course of official duties and to MLHSRP 
Stranding Agreement Holders. 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 
MLHSRP of NMFS--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 has requested Clean Water Act Section 401 
certification 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 distance from shore restriction. 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

[[Page 81525]]

the proposed 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 has requested Clean 
Water Act Section 401 certification from the state of Alaska for the 
Section B authorization.

X. 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 
submitted for approval to 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 221.1-221.2, 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 MLHSRP Stranding Agreement 
Holder, who disposes of a marine mammal or sea turtle carcass in ocean 
waters and any Alaska Native engaged in subsistence uses who disposes 
of a marine mammal carcass in ocean waters will be affected by this 
proposed general permit. Under this proposed 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 
221.1-221.2, the EPA requires all ocean dumping permittees to supply 
specified reporting information.

B. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has Tribal implications. However, the proposed general 
permit will neither impose substantial direct compliance costs on 
federally recognized Tribal governments, nor preempt Tribal law. The 
proposed 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 current general permit and preparing to re-issue this 
proposed 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 would 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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Stacey M. Jensen,
Director, Oceans, Wetlands, and Communities Division.

    For the reasons stated above, the EPA proposes to issue the general 
permit for the transportation and ocean disposal of marine mammal or 
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 Section B below, any officer, employee, 
agent, department, agency, or instrumentality of Tribal, Federal, 
state, or local unit of government, and any MLHSRP Stranding Agreement 
Holder, 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 
NMFS prior to initiating any disposal activities. Points of contact for 
Stranding Agreement Holders are available at https://www.epa.gov/ocean-dumping/ocean-disposal-marine-mammal-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/ocean-dumping/ocean-disposal-marine-mammal-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);
    d. A statement of need and rationale for selecting ocean disposal 
rather than other disposal options; and

[[Page 81527]]

    5. The permittee shall immediately notify the EPA of any violation 
of any condition of 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/ocean-dumping/ocean-disposal-marine-mammal-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 
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.

[FR Doc. 2024-23035 Filed 10-7-24; 8:45 am]
BILLING CODE 6560-50-P