[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Notices]
[Pages 24598-24602]
[FR Doc No: 2016-09734]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2016-0150; FRL-9945-67-OW]

General Permit for Ocean Disposal of Marine Mammal Carcasses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of proposed general permit.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to issue a
general permit to authorize any officer, employee, agent, department,
agency, or instrumentality of federal, state, tribal, or local unit of
government, as well as any Marine Mammal Health and Stranding Response
Program (MMHSRP) Stranding Agreement Holder, and any Alaska Native
subsistence user to transport from the United States and dispose of
marine mammal carcasses in ocean waters. EPA's purpose in proposing a
general permit is to expedite required authorizations that otherwise
currently require the issuance of an emergency permit for the ocean
disposal of marine mammal carcasses. EPA also proposes permit terms
that would apply for at sea disposal of marine mammal carcasses
generally by governmental entities (and MMHSRP Agreement Holders), as
well as by Alaska Native subsistence users based on circumstances
specific to the remote locations of such disposals. The EPA invites
public comment on all aspects of this proposed general permit.

DATES: Comments must be received on or before June 27, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2016-0150, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) 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). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Brian Rappoli, Ocean and Coastal
Protection Division, Office of Water, 4504T, Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The proposed general permit would apply to any officer, employee,
agent, department, agency, or instrumentality of federal, state,
tribal, or local unit of government, as well as any MMHSRP Stranding
Agreement Holder, and any Alaska Native subsistence user that
transports from the United States and disposes of marine mammal
carcasses in ocean waters.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Federal Law and International Conventions

    The EPA proposes general terms of authorization under Title I of
the Marine Protection, Research, and Sanctuaries Act (MPRSA), sometimes
referred to as the Ocean Dumping Act, for the ocean disposal of the
marine mammal carcasses. The term ``marine mammal'' would mean 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). Other than Alaska Native subsistence users, EPA does not
anticipate that ocean disposal would be necessary for marine mammal
carcasses except in unusual circumstances, such as (1) beached whale
carcasses and (2) after mass strandings of other marine mammals.
    Transportation for the purpose of disposal of any material in the
ocean requires authorization under the

MPRSA. In the past, the EPA has 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
terms of this proposed general permit are based on the EPA's past
emergency permitting and will enable more timely authorization of such
ocean disposals. The general permit will apply to the transport of
marine mammal carcasses from the United States for the purpose of ocean
disposal.
    Living marine mammals are protected by federal law, including the
Marine Mammal Protection Act (MMPA), the Endangered Species Act, and
the Whaling Convention Act (WCA), and international conventions,
including 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 the proposed general permit would apply only to
animal carcasses, certain IWC regulations are nevertheless relevant.
Specifically, IWC regulations recognize that indigenous or aboriginal
subsistence whaling is not the same as the commercial whaling that is
subject to the IWC's whaling moratorium. 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 Native hunters
in Alaskan 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.
    The MMHSRP of the NMFS and MMHSRP Stranding Agreement Holders are
provided authority under this general permit because Stranding
Agreement Holders are authorized to take marine mammals subject to the
provisions of the MMPA (16 U.S.C. 136 1 et seq.), the Regulations
Governing the Taking and Importing of Marine Mammals (50 CFR part 216),
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et
seq.), the Regulations Governing the Taking, Importing, and Exporting
of Endangered and Threatened Fish and Wildlife (50 CFR parts 222
through 226), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151
et seq.). As such, MMHSRP Stranding Agreement Holders may have a need
for ocean disposal should stranded marine mammals die.

III. Strandings and Beachings

    Marine mammals that have died or have become sick or injured reach
the ocean shoreline by a variety of mechanisms. One such mechanism is
beaching, which involves a marine mammal carcass being driven ashore by
currents or winds. Alternatively, single or multiple strandings of live
marine mammal(s) may occur with the subsequent death of the animal(s).
In most stranding cases, the causes of marine mammal strandings are
unknown, but some identified causes include: 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 cetaceans and
pinnipeds die every year, most carcasses never reach the coast; rather,
the carcasses are consumed by other organisms or decompose sufficiently
to sink to the ocean bottom where, depending upon the size of the
carcass, they may form the basis of an ``organic fall'' (e.g., kelp,
wood, and whale falls) ecosystem.
    Stranding or beaching events may pose a risk to public health due
to the potential for transfer to the public of communicable diseases
(e.g., brucellosis, poxvirus and Mycobacteriosis) from cetacean or
pinniped carcasses. Cetacean or pinniped carcasses present a
significant disposal concern due not only to the size of some carcasses
but also due to the frequency with which carcasses reach the shoreline.
For example, between February 2010 and February 2014, over 1000
cetacean carcasses were found along the coast of the northern Gulf of
Mexico.

IV. Hazard to Navigation

    Floating carcasses near shore (e.g., in a harbor) also may pose a
hazard to navigation. Per regulations promulgated by the Army Corps of
Engineers, at 33 CFR 245.20, the determination of a navigation hazard
is made jointly by the Army Corps of Engineers and the U.S. Coast Guard
(USCG). If such a determination is made, the Army Corps of Engineers
determines appropriate remedial action as described in Sec.  245.25,
which may include removal of the carcass(es). Permit authorization to
transport for the purpose of ocean disposal proposed today would be
available if the removal operation requires ocean disposal of such
carcasses.

V. Disposal and Management Options

    Generally available options for marine mammal carcass disposal and
management include: allowing the carcass(es) to decompose in place;
burial in place; transportation to a landfill; incineration; and towing
to sea for ocean disposal. Additional disposal options, such as
rendering, composting, and alkaline hydrolysis, would depend on the
availability of appropriate facilities. Selection of an option will
depend upon factors such as carcass size, number of carcasses, and/or
location. This proposed general permit concerns only the towing to sea
for ocean disposal option.

A. In-Place Decomposition

    Allowing a carcass to decompose in place may be an acceptable
option if the location of the carcass is on a remote portion of the
shoreline that is sufficiently distant from population centers so that
the carcass does not pose a risk for public health and animal health,
or result in unacceptable olfactory or visual aesthetic impacts. This
option may be the most practical when the carcass is located in an area
that is inaccessible to heavy equipment, thereby making other options,
such as burying in place or moving to a landfill, infeasible.

B. In-Place and Landfill Burial

    Burial of a carcass has been used as a disposal option, especially
when the carcass is located near population centers or near areas used
for recreational activities. A carcass may be buried near where the
animal strands or beaches, usually above the high water mark, or
transported inland for disposal, for example, at a municipal landfill.
Disposal by trench burial involves excavating a trough, placing the
carcass in the trench, and covering the carcass with the excavated
material. The burial disposal option depends on the availability of
appropriate excavation equipment but may be limited by potential
environmental damage (e.g., destruction of dunes, beach grass, or
nesting sites) caused by the transportation and operation of excavation
equipment. While burial may be a cost-effective option for carcass
disposal, it may not necessarily eliminate disease agents and disease
transmission vectors that may be present, consequently posing a
potential risk to human health and animal health.

C. Incineration

    The incineration option for carcass disposal, which includes both
open-air burning and fixed-facility incineration, offers an advantage
in terms of pathogen destruction. However, due to the high water
content of marine mammal carcasses, incineration costs may limit this
option to small carcasses. While open-air burning of carcasses may
yield a relatively benign ash, the amount of particulate matter and
pyrogenic

compounds released to the atmosphere by open-air burning may be
significant and may require authorization (or may be prohibited) under
state or local air pollution control laws. Additionally, the EPA
presumes that open-air burning may require the use of hydrocarbon
fuels, which could result in contamination of the underlying soil.
Fixed-facility incinerators, which include small and large incineration
facilities, crematoria, and power plant incinerators, offer the
advantage of being regulated facilities that meet local and/or federal
emission standards; however, the use of the fixed-facility option
depends upon the transportability of the carcass.

D. Ocean Disposal

    Sometimes, the only available carcass disposal option is towing to
sea for ocean disposal. Ocean disposal may be appropriate after
consideration and exhaustion of land-based alternatives provided that
an acceptable ocean dumping site can be identified, for example, where
the release point is sufficiently far offshore that currents and winds
will not return the carcass to shore, and the carcass will not pose a
hazard to navigation. Positive buoyancy of the carcass may occur,
depending on the time elapsed, due to the natural progression of the
decomposition process. Consequently, appropriate carcass preparation
(e.g., attachment of weights) may be required if a determination is
made that the carcass must be sunk, rather than released, at the
identified ocean disposal site.

VI. Potential Consequences of Marine Mammal Carcass Disposal in the
Ocean

    Most deep-sea benthic ecosystems are organic-carbon limited and, in
many cases, are dependent upon organic matter from surface waters. A
sunken carcass provides a large load of organic carbon to the sea
floor. These local enrichments of the sea floor result in the
establishment of specialized assemblages. Large organic falls occur
naturally on the sea floor. Over 20 macro faunal species are known to
exclusively inhabit the microenvironment formed by large organic falls
and over 30 other macro faunal species are known to inhabit these
sites.
    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. The duration of these stages varies
greatly with carcass size. 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 is the third stage of succession.
These chemoautotrophic assemblages consist of organisms such as
heterotrophic bacteria, mussels, snails, worms, limpets, and amphipods.
    Considering the available scientific information on organic falls,
the EPA finds that the potential effects of carcass disposal are
minimal for the following reasons: (1) Except for happenstance,
cetacean and pinniped carcasses would sink to 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; and
(3) towing or other transportation of a carcass to sea for ocean
disposal, when other disposal options 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: the general
permit requires consideration of land-based alternatives; carcass
disposal will not significantly affect human health, fisheries
resources, or marine ecosystems; and carcass disposal will not result
in permanent effects.

VII. Regulatory Background

    MPRSA Section 102(a)(1), 33 U.S.C. 1412(a)(1), requires that any
person obtain a permit to transport any material from the United States
for the purpose of dumping into ocean waters; section 102(a)(2)
requires agencies or instrumentalities of the United States to obtain a
permit in order to transport any material from any location for the
purpose of ocean dumping. MPRSA Section 104(c), 33 U.S.C. 1414(c), and
the EPA regulations at 40 CFR 220.3(a) authorize the issuance of a
general permit under the MPRSA for the dumping of materials which have
a minimal adverse environmental impact and are generally disposed of in
small quantities. The towing (or other transportation) of a marine
mammal carcass 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
would consist of the carcass or carcasses, there would be no materials
present that are prohibited by 40 CFR 227.5.

VIII. Consideration of Alaska Native Subsistence Users

    The proposed general permit includes specific considerations that
would apply to Alaska Native subsistence users. For purposes of this
proposed general permit, EPA intends the term ``Alaska Native
subsistence user'' 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.
    The proposed general permit considers ocean disposal of marine
mammal carcasses by an Alaska Native subsistence user for two reasons.
First, marine mammals are generally abundant and widely distributed
throughout coastal Alaska and Alaska Natives depend upon these natural
resources for many customary and traditional uses. Collectively, these
customary and traditional uses (e.g., food, clothing) are referred to
as ``subsistence uses.'' Alaska Native subsistence use of marine
mammals has been ongoing for thousands of years. More recently, 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 Native subsistence users from the general
prohibition on ``taking'' marine mammals under certain circumstances
(16 U.S.C. 1371(b)). Nonetheless, a potential by-product of such
subsistence uses may be a need to transport and dispose, in ocean
waters, marine mammal carcasses (or parts thereof) that have no further
use for subsistence purposes.
    Second, many coastal communities of Alaska Native subsistence users
are in remote locations and thus face a time-critical public safety
issue, for example, whenever 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, it would be prudent

to expedite the removal and, if necessary, ocean disposal of such
carcasses as soon as practical.
    With these considerations in mind, the intent of the Alaska Native
subsistence users-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 faced by Alaska Native subsistence
users. In proposing this general permit, the EPA does not intend to
change, alter or otherwise affect subsistence uses of marine mammals by
Alaska Natives. Section B thus sets forth requirements designed to
address these considerations while also complying with the MPRSA and
the EPA's accompanying regulations at 40 CFR subchapter H. The primary
differences between Sections A and B relate to federal agency
concurrences, distance from land requirements for disposal, and
reporting requirements.
    To further clarify, the proposed general permit is not intended to
and would not regulate: Any subsistence activities in Alaska, 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
dumping. The purpose of this proposed general permit would be to
expedite required authorizations that otherwise currently require the
issuance of an emergency permit for the ocean disposal of marine mammal
carcasses.

IX. Discussion

    Considering the information presented in the previous section, EPA
proposes to determine that the potential adverse environmental impacts
of marine mammal carcass disposal at sea are minimal and that marine
mammal carcasses often must be disposed of in emergency situations. As
such, issuance of a general permit would be appropriate under the
MPRSA.
    Section A of the general permit that EPA proposes to issue today
would be available to government entities and MMHSRP Stranding
Agreement Holders. Section A would authorize any officer, employee,
agent, department, agency, or instrumentality of federal, state,
tribal, or local unit of government, as well as any MMHSRP Stranding
Agreement Holder, to transport and dispose of marine mammal carcasses
in ocean waters. EPA proposes to require each such general permittee to
consult with the MMHSRP of NMFS prior to initiating any ocean disposal
activities; to consult with and to obtain concurrence from the
applicable USCG District Office, NMFS Regional Office, and EPA Regional
Office on selection of a disposal site, which must be at least three
miles seaward of the baseline of the territorial sea; and to submit a
report to the EPA on the ocean disposal activities.
    Section B of the proposed general permit would authorize any Alaska
Native subsistence user to transport and dispose of marine mammal
carcasses in ocean waters. EPA proposes to require each general
permittee authorized under Section B to select an ocean disposal site
sufficiently far offshore so that currents and winds will not return
the carcass to shore and the carcass will not pose a hazard to
navigation; and to submit a report to the EPA on the ocean disposal
activities. The proposed general permit would not require a statement
of need and rationale for selecting ocean disposal rather than other
disposal options under Section B based on a presumption that other
disposal options are not likely available in remote Native Alaskan
subsistence communities. Additionally, the proposed general permit
would not specify a distance requirement under Section B based on a
presumption that large tow vessels are not likely available in remote
Native Alaskan subsistence communities. These presumptions are
consistent with EPA's intention to avoid altering Alaska Native
subsistence user practices in Alaska. The EPA invites comments on the
appropriateness of such presumptions for ocean dumping of marine
mammals under Section B.

X. Statutory and Executive Order Reviews

A. Paperwork Reduction Act

    The information collection activities that would be required under
this proposed general permit would be 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
of MPRSA activities has been assigned EPA ICR number 0824.06. You can
find a copy of the ICR in the docket for this general permit, and it is
briefly summarized here. The MPRSA ICR includes generalized estimates
for respondent costs associated with possible future general permits
including this one, but not specifically for this proposed general
permit. Therefore, the estimated number of respondents and costs
associated with this general permit are a subset of the total costs
estimated in the ICR, and are significantly lower than the totals
presented in the ICR due to the very simple reporting associated with
this general permit.
    Section 104(e) of the MPRSA authorizes EPA to collect information
to ensure that ocean dumping is appropriately regulated and will not
harm human health or the marine environment, based on applying the
Ocean Dumping Criteria. To meet United States' reporting obligation
under the London Convention, EPA also reports some of this information
in the annual United States Ocean Dumping Report, which is sent to the
International Maritime Organization.
    Respondents/affected entities: any officer, employee, agent,
department, agency, or instrumentality of federal, state, tribal, or
local unit of government, as well as any MMHSRP Stranding Agreement
Holder, and any Alaska Native subsistence user who disposes of a marine
mammal carcass at sea would be affected by the general permit. Under
this proposed general permit, respondents would not need to request a
permit as they would already be covered under the general permit.
    Respondent's obligation to respond: pursuant to 40 CFR 221.1 and
221.2, EPA requires all ocean dumping permit holders to supply the
specified reporting information.
    The number of respondents covered under the proposed general permit
and associated costs can only be estimated at this time. Based on
existing data of marine mammal ocean disposal requests, EPA would
expect one to four responses per year under the provisions of Section
A. Based upon the available data, EPA estimates that there will be 40
to 60 responses per year under the provisions of Section B.
    Frequency of response: one or more disposal events could be
included in a response.
    Total estimated burden ranges from 3.75 to 15.00 hours per year and
30.00 to 45.00 hours per year under the requirements of Section A and
Section B, respectively. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost ranges from $263.63 to $1,054.50 per year and

$2,109.00 to $3,163.50 per year under the requirements of Section A and
Section B, respectively.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this general permit. You may also send your ICR-
related comments to OMB's Office of Information and Regulatory Affairs
via email to<EMAIL_ADDRESS>Attention: Desk Officer for
the EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after receipt, OMB must receive comments no
later than May 26, 2016. The EPA will respond to any ICR-related
comments in the final general permit.

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

    This action has tribal implications. However, it 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 developing this general permit to allow them to have meaningful and
timely input into its development.
    On June 2, 2015, EPA mailed a Tribal Leader Notification letter
with a consultation plan to all coastal tribes in the Lower 48 States
and Alaska, who could be potentially impacted by the proposed general
permit. EPA held two teleconferences on June 16th and 30th. Via
teleconference and email, the Agency received input from three tribes:
Aleutian Pribilof Island Association, Coquille tribe, and Trinidad
Rancheria tribe. In addition, EPA coordinated with the Alaska Eskimo
Whaling Commission through a briefing and discussion on July 17, 2015.
Tribal concerns during consultation focused on the potential to impact
traditional hunting and whaling practices, and providing coverage under
the general permit to tribes.
    After considering tribal input, EPA made certain changes to address
tribal concerns. The initial scope of the proposed general permit would
have applied to only the at sea disposal of large carcasses (e.g.,
whales, walruses), from land, which have died and subsequently washed
ashore or died after becoming stranded. Through additional outreach
with Alaska Native villages, we learned that the initial scope of the
general permit was inadequate for subsistence users; consequently, we
broadened the scope to include all marine mammal carcasses.
Additionally, coverage under the general permit was initially intended
for state and municipal governments; however, based upon comments from
two tribal representatives, coverage will be extended to all tribal
governments.

    Dated: April 18, 2016.
Bill Long,
Acting Director, Oceans and Coastal Protection Division.

General Permit for Ocean Disposal of Marine Mammal 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 federal, state,
tribal, or local unit of government, as well as any MMHSRP Stranding
Agreement Holder, is hereby granted a general permit to transport and
dispose of marine mammal carcasses in ocean waters subject to the
following conditions:

    1. The Permittee shall consult with the MMHSRP of NMFS prior to
initiating any disposal activities.
    2. A disposal site must be at least three miles seaward of the
baseline from which the territorial sea is measured, as provided for
in the Convention on the Territorial Sea and the Contiguous Zone.
The Permittee shall consult with and obtain written concurrence (via
email or letter) from the applicable USCG District Office, NMFS
Regional Office, and EPA Regional Office on ocean disposal site
selection. A fact sheet containing points of contact at USCG, NMFS,
and EPA is available at http://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
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. If materials
are used to sink the carcass, the Permittee must 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) may not be
used.
    4. The Permittee shall submit a report on the dumping 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;
    b. The date, time, and location (by latitude and longitude) at
the degree of precision available to the person reporting the
information, for example, locational technology available on board
the tow vessel used for ocean disposal;
    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
    e. Copies of correspondence from USCG and NMFS that indicate
their concurrence on the selection of the disposal site.
    5. The Permittee shall immediately notify EPA of any violation
of any condition of this general permit.

B. Requirements for Alaska Native Subsistence Users

    Notwithstanding Section A, any Alaska Native subsistence user is
hereby granted a general permit to transport and dispose of marine
mammal carcasses in ocean waters subject to the following conditions:

    1. The Permittee shall submit a report on the dumping activities
authorized by this general permit to EPA Region 10 within 30 days
after disposal of a carcass. This report shall include:
    a. A description of the carcass(es) disposed;
    b. The date, time, and location (by latitude and longitude) at
the degree of precision available to the person reporting the
information, for example, locational technology available on board
the tow vessel used for ocean disposal; and
    c. The name and contact information of the person in charge of
the disposal and the person in charge of the vessel or vehicle that
transported the carcass (if different from the person in charge of
the disposal).
    2. Marine mammal carcasses must be towed or otherwise
transported to a site offshore where currents and winds will not
return the carcass to shore and the carcass will not pose a hazard
to navigation.

[FR Doc. 2016-09734 Filed 4-25-16; 8:45 am]
 BILLING CODE 6560-50-P