Burial at Sea of Human Remains
According to federal regulations:
Sec. 229.1 Burial at sea.
(a) All persons subject to title I of the Act are hereby granted a general permit to transport human remains from the United States and all persons owning or operating a vessel or aircraft registered in the United States or flying the United States flag and all departments, agencies, or instrumentalities of the United States are hereby granted a general permit to transport human remains from any location for the purpose of burial at sea and to bury such remains at sea subject to the following conditions:
(1) Except as herein otherwise provided, human remains shall be prepared for burial at sea and shall be buried in accordance with accepted practices and requirements as may be deemed appropriate and desirable by the United States Navy, United States Coast Guard, or civil authority charged with the responsibility for making such arrangements;
(2) Burial at sea of human remains which are not cremated shall take place no closer than 3 nautical miles from land and in water no less than one hundred fathoms (six hundred feet) deep and in no less than three hundred fathoms (eighteen hundred feet) from
(i) 27º 30′ 00” to 31º 00′ 00” North Latitude off St. Augustine and Cape Canaveral, Florida;
(ii) 82º 20′ 00” to 84º 00′ 00” West Longitude off Dry Tortugas, Florida; and
(iii) 87º 15′ 00” to 89º 50′ 00” West Longitude off the Mississippi River Delta, Louisiana, to Pensacola, Florida.All necessary measures shall be taken to ensure that the remains sink to the bottom rapidly and permanently; and
(3) Cremated remains shall be buried in or on ocean waters without regard to the depth limitations specified in paragraph
(a)(2) of this section provided that such burial shall take place no closer than 3 nautical miles from land.
(b) For purposes of this section and Secs. 229.2 and 229.3, “land” means that portion of the baseline from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone, which is in closest proximity to the proposed disposal site.
(c) Flowers and wreaths consisting of materials which are readily decomposable in the marine environment may be disposed of under the general permit set forth in this section at the site at which disposal of human remains is authorized.
(d) All burials conducted under this general permit shall be reported within 30 days to the Regional Administrator of the Region from which the vessel carrying the remains departed.
… based on the Marine Protection, Research and Sanctuary Act of 1972, human remains transported from United States ports or on United States vessels or aircraft may be buried at sea under specified conditions. These include cremated as well as non-cremated remains.
Requirements for burying remains at sea are listed below. Burials in inland waters are regulated according to the Clean Water Act. For inland waters burial, a permit is required from the appropriate state agency.
Please note the requirement that the United States Environmental Protection Agency (EPA) be notified within 30 days after burial.
Requirements for Preparation for Burial
Human remains shall be prepared for burial at sea and buried in accordance with accepted practices and requirements as may be deemed appropriate and desirable by the United States Navy, United States Coast Guard, or civil authority charged with the responsibility for making such arrangements. For example, local health departments may require burial or cremation permits.
The United States Navy Burial at Sea Program provides additional information.
Disposal Location and Measures - Non-cremated Remains
Burial at sea of human remains that are not cremated shall take place at least 3 nautical miles from land and in water at least 600 feet deep. Certain areas, including east central Florida, the Dry Tortugas, Florida and west of Pensacola, Florida to the Mississippi River Delta, require water at least 1800 feet deep. Refer to the Code of Federal Regulations at 40 CFR 229.1 (PDF) (1 p, 149K, About PDF) for details. All necessary measures shall be taken to ensure that the remains sink to the bottom rapidly and permanently.
Disposal Location and Measures - Cremated Remains
Cremated remains shall be buried in or on ocean waters without regard to the depth limitations specified for non-cremated remains in paragraph 2 above provided that such burial takes place at least three nautical miles from land.
Decomposable Flowers and Wreaths
Flowers and wreaths consisting of materials that are readily decomposable in the marine environment may be placed at the burial site.
Notice to EPA within 30 days
All burials conducted shall be reported within 30 days to the EPA Region in writing. The following information should be included and mailed or faxed to the Region 4 contact at the bottom of this page. You can copy the information below or complete and print the Region 4 burial at sea form.
