[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87928-87933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29250]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2016-0150; FRL-9956-09-OW]
General Permit for Ocean Disposal of Marine Mammal 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 issuing a general
permit to authorize the transport of marine mammal carcasses from the
United States and disposal of marine mammal carcasses in ocean waters.
Permit authorization is available for 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
Alaskan Native, who already may take a marine mammal under the Marine
Mammal Protection Act (MMPA) and Endangered Species Act (ESA). The
EPA's purpose in issuing a general permit is to expedite required
authorizations for the ocean disposal of marine mammal carcasses that
otherwise currently require the issuance of an emergency permit.
[[Page 87929]]
DATES: This general permit is effective January 5, 2017.
ADDRESSES: This permit is identified as Docket No. EPA-HQ-OW-2016-0150.
The record is closed but available for inspection from 9 a.m. to 4
p.m., Monday through Friday, excluding legal holidays, at the Water
Docket, 1301 Constitution Avenue NW., Room B-135, Washington, DC 20460.
For access to docket materials, call 202-566-2426, to schedule an
appointment.
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: 202-566-1548; fax number: 202-566-1546; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
The general permit authorization is available for 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 Alaskan Native, who already may
take a marine mammal under the MMPA and ESA, to transport from the
United States and dispose of a marine mammal carcass in ocean waters.
B. Does this action require the disposal of marine mammal carcasses in
ocean waters?
The general permit does not require ocean disposal; it merely
authorizes ocean disposal when there is a need for such disposals.
II. Federal Law and International Conventions
The EPA establishes 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. As defined under the MMPA, which is relevant
for the purposes of this permit as explained later, the term ``marine
mammal'' means 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 for Alaskan Natives who would engage in
subsistence uses, EPA does not anticipate that ocean disposal will be
necessary for marine mammal carcasses except in unusual circumstances,
such as but not limited to (1) beached and floating whale or large
pinniped carcasses and (2) 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 general permit are
based on the EPA's past emergency permitting and will enable more
timely authorization of such ocean disposals. The general permit
applies 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
MMPA, the ESA, the Whaling Convention Act (WCA), the Fur Seal Act, 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 general permit
applies only to marine mammal 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 Stranding Response Program 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. 1361 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 222-226), and/or 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. Possible mechanisms
include: Beaching, which involves a marine mammal carcass being driven
ashore by currents or winds; stranding (single or multiple) of live
marine mammal(s) that subsequently die; and transport on the bow of
vessels. In most stranding cases, the causes of marine mammal
strandings are unknown, but some causes may 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 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 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 Public Safety and Navigation
A floating carcass near shore may pose a risk to public safety
before making land fall to the extent it might attract predators (e.g.,
sharks) to a recreation use area in nearby waters. 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 section 245.25, which may
include removal of the carcass(es). Permit authorization to transport
for the purpose of ocean
[[Page 87930]]
disposal will be available if the removal operation requires ocean
disposal of such carcasses.
V. Disposal and Management Options
For a dead marine mammal found along the shore, generally available
options for marine mammal carcass disposal and management include:
Allowing the carcass 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, will depend on the availability of appropriate
facilities. Selection of an option will depend upon factors such as
carcass size, number of carcasses, availability of local resources,
and/or location. This 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 may be 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
are not expected to return the carcass to shore, and the carcass is not
expected to 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 necessary if
the carcass must be sunk, rather than released, 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 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 adverse effects.
VII. Regulatory Background
MPRSA Section 102(a)(1), 33 U.S.C. 1412(a)(1), requires a permit
for any person to transport any material from the United States for the
purpose of dumping into ocean waters; Section 102(a)(2) requires that
agencies or instrumentalities of the United States
[[Page 87931]]
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 will consist of the carcass or carcasses, there
will be no materials present that are prohibited by 40 CFR 227.5.
VIII. Consideration of Alaskan Natives Engaged in Subsistence Uses
The general permit includes specific considerations that apply to
Alaskan Native persons engaged in subsistence uses. For purposes of
this general permit, EPA intends the term ``Alaskan 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.
The general permit authorizes ocean disposal of marine mammal
carcasses by an Alaskan Native engaged in subsistence uses for two
reasons. First, marine mammals are comparatively abundant and widely
distributed throughout coastal Alaska, and Alaskan 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.'' Alaskan Native
subsistence uses of marine mammals have been ongoing for thousands of
years. More recently, the United States has recognized the importance
of subsistence uses of marine mammals by Alaskan Natives through
enactment of the MMPA, which expressly exempts Alaskan 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 Alaskan Natives when marine mammal
carcasses (or parts thereof) have no further use for subsistence
purposes. The general permit accommodates the absence of a similar
exemption by facilitating authorization of ocean disposal of marine
mammals by Alaskan Natives.
Second, many coastal communities of Alaskan Natives engaged in
subsistence uses are 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, 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, EPA's intent in developing the
Alaskan 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 faced by Alaskan Natives engaged in
subsistence uses. In issuing this general permit, the EPA does not
intend to change, alter or otherwise affect subsistence uses of marine
mammals by Alaskan Natives engaged in subsistence uses. Section B 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 concurrence, distance from land requirements
for ocean disposal, and reporting requirements.
To further clarify, the 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 general permit is not intended to and does
not regulate: Any subsistence activities of Alaskan 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 general permit is to expedite required
authorizations that EPA otherwise currently manages through the
issuance of an emergency permit 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 carcass disposal at sea are minimal and that marine
mammal carcasses often must be disposed of in emergency situations 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 is appropriate under the MPRSA.
Authorization under Section A of the general permit is available to
federal, state, and local government officials and employees acting in
the course of official duties and to MMHSRP Stranding Agreement
Holders. Section A authorizes such persons to transport and dispose of
marine mammal carcasses in ocean waters. Section A requires that each
such general permittee consult with the MMHSRP 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 carcass. General permittees authorized under
Section A must consult with and obtain concurrence from the applicable
EPA Regional Office on selection of a disposal site, which must be
seaward of the three mile territorial sea lines demarcated on nautical
charts, and submit a report to the applicable EPA Regional Office on
the ocean disposal activities.
Alaskan 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 Alaskan Native
engaged in subsistence uses to transport and dispose of a marine mammal
carcass in ocean waters. Under Section B, the Alaskan 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 an annual report to EPA Region 10 on ocean disposal
activities conducted in the prior
[[Page 87932]]
calendar year. Section B does not require a statement of need for
selecting ocean disposal nor does it specify a distance requirement.
The State of Alaska has waived certification under Clean Water Act
Section 401 for the Section B authorization.
X. Response to Comments Received
The EPA received seven comments during the public comment period.
The EPA agrees with several of the recommendations received via the
public comment process. As a consequence, the EPA has made several
changes to the general permit.
In response to comments, the EPA added language to the General
Information section to clarify that the general permit does not require
ocean disposal of marine mammal carcasses. In addition, the EPA revised
the requirements of Section A(2) regarding concurrence on the ocean
disposal site. Because the presence of a marine mammal carcass near
human habitation or recreation areas may pose a time-critical public
safety issue, the requirement to obtain concurrences from multiple
agencies might unnecessarily delay the disposal. In response to
comments and in order to expedite ocean disposals in time-critical
public safety situations, the general permittee authorized under
Section A need only obtain concurrences from the appropriate EPA
Regional Office and such concurrence may initially be provided via
telephone. Finally, the EPA revised the reporting requirements of
Section B applicable to Alaskan Natives engaged in subsistence uses.
Under revisions to Section B, an Alaskan Native permittee may provide
reports to EPA Region 10 on an annual basis. The EPA's intention
regarding annual reporting for Section B permittees is to mitigate any
potential burden on Alaskan Natives engaged in subsistence uses who may
dispose of marine mammal carcasses in the ocean.
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
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.
Section 104(e) of the MPRSA authorizes the 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, the 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 Alaskan Native engaged in subsistence uses who disposes
of a marine mammal carcass in ocean waters will be affected by the
general permit. Under this general permit, respondents do not need to
request permit authorization because the general permit already
authorizes ocean disposal of a marine mammal carcass by an eligible
person.
Respondent's obligation to respond: Pursuant to 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 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.
Dated: November 23, 2016.
Marcus Zobrist,
Acting Director, Oceans and Coastal Protection Division, Office of
Wetlands, Oceans and Watersheds, Office of Water, Environmental
Protection Agency.
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, and 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. A fact sheet containing points of
contact at MMHSRP is available at http://www.epa.gov/ocean-dumping/ocean-disposal-marine-mammal-carcasses.
2. A disposal site must be seaward of the three mile territorial
sea demarcated on nautical charts. The permittee shall consult with and
obtain written concurrence (via email or letter) from the applicable
EPA Regional Office on ocean disposal site selection. Because the
presence of a marine mammal 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). A fact sheet containing points of
contact at 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 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 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;
b. The date and time of the disposal as well as the latitude and
longitude 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 or vehicle that
[[Page 87933]]
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
5. The permittee shall immediately notify EPA of any violation of
any condition of this general permit.
B. Requirements for any Alaskan Native Engaged in Subsistence Uses
Notwithstanding Section A, any Alaskan Native engaged in
subsistence uses 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 (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. A fact sheet containing contact information for EPA Region 10 is
available at http://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. 2016-29250 Filed 12-5-16; 8:45 am]
BILLING CODE 6560-50-P