EPA's Vessel General Permit and Small Vessel General

Based upon our analyses, we concluded that many of the endangered or threatened species listed
in Table 2 are either not likely to be exposed to vessel discharges or are not likely to respond
upon being exposed to those discharges. Specifically, we would not expect the following
threatened or endangered species to respond physically, physiologically, behaviorally, or
ecologically given exposure to discharges associated with the proposed VGPs:
Blue whales, bowhead whales, fin whales, North Pacific right whales, sei whales, sperm whales,
false killer whales (insular Hawaiian), Guadalupe fur seals, Hawaiian monk seals, Steller sea
lions, bearded seals (Beringia), and ringed seals (Arctic) all occur or have been reported to occur
within the Action Area of the proposed VGPs. Nevertheless, these species are either not likely to
be exposed to the direct or indirect effects of the discharges that would be authorized by the
proposed VGPs, or they are not likely to respond given exposure.
Marine mammals would be primarily exposed to the aquatic nuisance species (ANS) and/or
pollutants associated with discharges authorized by the VGPs through their diets or because of
changes in the distribution or abundance of their prey (trophic exposure). Blue whales, bowhead
whales, fin whales, North Pacific right whales, sei whales, sperm whales, false killer whales
(insular Hawaiian), Guadalupe fur seals, Hawaiian monk seals, Steller sea lions, bearded seals
(Beringia), and ringed seals (Arctic) are trophic generalists. The diet of baleen whales consists
of zooplankton (e.g., krill, copepods, and other invertebrates), small schooling fish, and squid.
Insular Hawaiian false killer whales eat fish and cephalopods. Sperm whales and Guadalupe fur
seals forage on squid and other deep-water organisms. Steller sea lions, monk seals, Arctic
ringed seals, and Beringia bearded seals feed on a variety of fish and invertebrates (including
cephalopods and crustaceans). The abundance, variety, and location of the prey items identified
above provide trophic resilience to these ESA-listed marine mammal.
Based upon review of available literature, we discount the possibility that pollutants of ANS
from vessel discharges into waters of the U.S. would spread to offshore habitats. Inshore,
estuarine, and freshwater habitats are fundamentally different in ecological terms and we
discount the ability of an invasive species to establish in offshore regions. Therefore, pollutants
and ANS are unlikely to result in the decline of prey species individually or in aggregate, and the
above listed marine mammals are unlikely to be exposed to the indirect effects of the action.
Based upon this, we discount the exposure of blue, fin, sei, sperm, North Pacific right, and
Hawaiian insular false killer whales. For the same reasons, we also discount exposure to North
Pacific right whale critical habitat.
Several listed or proposed resources also occur exclusively (except for extralimital occurrences)
in areas where ballast water discharge is so limited that the probability of establishment of nonnative
species and subsequent exposure of listed resource is discountable. For some species, the
isolated and/or offshore nature of the species was also a consideration. These include bowhead
whales, Beringia bearded seals, and Arctic ringed seals. As a result, these species are not likely
to be adversely affected by the proposed action, and we will not discuss them further in this
Opinion.
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