Can You Bury a Pet at Sea? What the Federal Rules Actually Say

A family loses a dog they had for years, or wants a cat's ashes to go into the water alongside a parent's, and someone asks whether that is even allowed. It is a fair question, and unlike a lot of end-of-life questions it has a documented answer.

The short answer

No. The federal permit that authorizes burial at sea covers human remains only.

The EPA has issued a general permit under the Marine Protection, Research and Sanctuaries Act (MPRSA) that authorizes transporting and burying human remains at sea, both cremated and non-cremated. It is published in the federal regulations at 40 CFR 229.1. The EPA lists placement of non-human remains, including pets, as an activity that is not allowed under that permit.

So if you are planning an ocean ceremony three or more nautical miles offshore and you want to place a pet's ashes in the water, the general permit does not authorize it.

Can a pet's ashes go into the water with a person's?

No, not under this permit. The EPA is specific here: pet ashes, or the ashes of any other animal, cannot be mixed with cremated human remains for authorized burial under the general permit.

This is the version families ask most. Say a parent and the family dog died within the same year and you want one ceremony rather than two. Under the general permit the human ashes are covered and the dog's are not, and combining them puts the whole placement outside the permit.

That does not stop a family from honoring both in one gathering. Reading a pet's name aloud, bringing a photograph, keeping a collar aboard: none of that is placing remains in ocean waters. What the permit governs is what goes into the water. Ask the vessel operator what they will and will not carry, since operators set their own policies on top of the federal rule.

What else the general permit rules out

Worth knowing before you plan any ocean ceremony. The EPA lists these as not allowed under the general permit:

• Placement of human remains in ocean waters within three nautical miles from shore, measured from the ordinary low water mark or a closing line drawn on nautical charts across the openings of bays and rivers
• Placement of non-human remains, including pets
• Placement of materials that are not readily decomposable in the marine environment, such as plastic or metal flowers and wreaths, tombs, tombstones, gravestones, monuments, mausoleums and artificial reefs

The EPA also states that cremated remains incorporated into an artificial reef structure or into a monument are not eligible under the general permit, and that transporting remains by an expendable device such as a balloon, rocket or similar pyrotechnics is not authorized. Flowers and wreaths made of materials that decompose readily in the marine environment may be placed at the burial site.

Where the federal rule stops: inland waters

The MPRSA general permit applies to ocean waters. Scattering cremated remains in lakes, rivers, bays and other inland waters, including the Great Lakes, is not subject to federal regulation under the MPRSA. State law governs instead.

This matters for pet questions, because a family that gets a no on the federal side often asks next about a harbor, a bay or a lake. The answer depends entirely on the state. The EPA notes that burial of cremated remains in inland waters is prohibited in some states, and recommends contacting the state environmental agency, health agency or mortuary board to find out what applies where you are.

States cannot loosen the federal rule where it does apply. Per the EPA, states may not authorize burials in ocean waters and may not relax the requirement that ocean burials happen at least three nautical miles from shore.

What the rules do allow, for human remains

If the ceremony is for a person, the requirements are specific and the paperwork is light:

• Cremated remains may be buried in or on ocean waters of any depth, provided the burial takes place at least three nautical miles from land
• Non-cremated remains require a location at least three nautical miles from land in ocean waters at least 600 feet deep. In east central Florida, the Dry Tortugas, and from west of Pensacola to the Mississippi River Delta, at-sea burials are authorized only in waters at least 1,800 feet deep. See 40 CFR 229.1(a)(2) for details
• No application or other paperwork is required before the burial, and no advance notice to the EPA
• No fees are payable to the EPA, either for using the general permit or for filing the notification
• You must notify the EPA within 30 days following the burial, reported to the EPA Region the vessel departed from. The EPA's Burial at Sea Reporting Tool handles this online
• You do not need to submit documentation such as a death certificate to the EPA when reporting

Questions to ask before you book a vessel

• Will the ceremony take place at least three nautical miles from shore, and how does the operator confirm the position?
• For a full-body burial, does the site meet the depth requirement for that stretch of coast?
• Who files the 30 day report with the EPA, you or the operator?
• Are the urn, flowers and any items going into the water made of materials that decompose in seawater, with no plastic?
• What is the operator's own policy on pet remains aboard the vessel?

Getting a straight answer for your situation

The federal side of this question has a published answer, which is more than you get with most end-of-life logistics. Read the EPA's burial at sea page for what the general permit covers in ocean waters. Contact your state environmental agency, health agency or mortuary board for anything involving lakes, rivers or bays. Then ask the vessel operator directly about anything you intend to bring aboard, because their policy sits on top of the federal rule, not underneath it.

If you are arranging a burial at sea or an ash scattering ceremony for a family member, Maritime Burials works with vessels along the U.S. coast and can walk you through what the ceremony involves.

Source: U.S. Environmental Protection Agency, Burial at Sea, and the MPRSA general permit at 40 CFR 229.1.