Good morning. My name is Ted Danson. I am the President and cofounder of American Oceans Campaign. American Oceans Campaign (AOC) is a national, nonprofit organization based in Santa Monica, California and is dedicated to protecting and enhancing our nation's oceans and coastal resources.
On behalf of AOC and the many other organizations that endorse the B.E.A.C.H. bills, I wish to express my thanks to Senators Chafee and Baucus, and the other members of the Senate Environment and Public Works Committee, for inviting me to testify today on the B.E.A.C.H. bills.
Since the early 1990's, American Oceans Campaign has focused a significant amount of attention to the health of recreational beach waters. Working with many, dedicated advocates from different regions of the nation, we have long-supported reducing coastal water pollution, improving beach water testing programs, and consistently informing the public about contaminated beach waters. We have worked with Los Angeles County to improve its beach water testing protocol and advocated for a California beach water monitoring and public notification bill, which was enacted into law. Additionally, AOC produces and distributes many television, radio, and print public service announcements about beach water quality. Over the last two years, these PSAs have reached hundreds of millions of people.
This year, AOC, the Surfrider Foundation, the Center for Marine Conservation, the Clean Water Network and many other organizations were strong advocates for the passage of H.R. 999, the Beaches Environmental Assessment, Cleanup and Health Act of 1999 -- the B.E.A.C.H. bill. On Earth Day, we were delighted that the House of Representatives unanimously passed this bill. We are now diligently working to promote swift passage of a B.E.A.C.H. bill in the Senate. I commend Senator Frank Lautenberg and the other cosponsors of the S. 522 for their determined leadership in the Senate to address the problems of inconsistent testing and public notification of unhealthy beach waters.
Introduction
Beaches are leading tourist destinations in the United States. In 1997, California's beaches alone attracted almost 116 million visitors. As a child growing up in Arizona, I used to visit cousins in California and spend time at the beach. Like most Americans, I have always had a huge desire to be near the ocean. Years later, I took my daughters to the beach and saw a sign that read, "Water polluted, no swimming." Trying to explain that to my children was difficult. I left that day grateful for the warning but concerned about the health of our coastal waters. This summer, thousands of adults and children will swim, snorkel, surf or wade in beach waters that, unbeknownst to them, are contaminated by pathogens. These pathogens may cause a variety of illnesses, ranging from gastroenteritis, dysentery, hepatitis, and various ear, nose, and throat infections. Bouts with these ailments can quickly ruin a family vacation or a weekend getaway, and can cause a person to miss work or school. Mr. Chairman, a day at the beach should not end with a trip to the doctor's office.
To protect themselves from harmful pathogens, swimmers must rely on beach water quality tests conducted by local public health agencies and proper, timely notification about unhealthy beach waters. Unfortunately, the testing standards and monitoring practices used by coastal states and localities vary significantly, and often vary within a state. Several states do not regularly monitor their beach waters for pathogen contamination and only a distinct minority of states and local communities consistently notify the public about poor beach water conditions.
I believe the public has a right to know about the quality of recreational beach waters that are open for swimming and other water sports. To improve the flow of information about polluted recreational waters and to provide uniform protections for beach-goers, American Oceans Campaign, along with other conservation organizations, strongly support both B.E.A.C.H. bills -- as common sense solutions. The B.E.A.C.H. bills will ensure that states have adequate beach testing programs to protect citizens from health risks, while allowing states flexibility in determining beach closures or in implementing stricter standards.
Pathogens in Beach Waters
Pathogens are disease-causing microorganisms that are found in animal and human wastes.
There are a number of potential sources of pathogens in coastal waters. After heavy rainfalls, animal wastes can run off lawns and agricultural fields, be carried by storm sewers and eventually dumped into coastal waters at storm drain outfalls. In many older coastal communities, storm sewer lines are combined with sewage conveyance lines. During rain storms, these combined pipes overflow and the wastewater is sent to be discharged in rivers, coastal waters, and other receiving waters, rather than proceeding to the wastewater treatment plant. These events (called combined sewer overflows) discharge raw sewage into the nation's waters. Another common source of pathogens is overburdened sewage treatment plants that will occasionally release raw or partially treated sewage into waterways. Malfunctioning individual septic systems, runoff from agricultural lands, and improper disposal of wastes from boats are other sources of pathogens in coastal waters.
When raw or inadequately treated sewage is discharged into coastal waters, pathogen contamination can result. In many coastal areas, pathogen-contaminated waters lead to beach closures, restrictions on shellfish harvesting, and other water sport limitations. According to a recent report published by the Natural Resources Defense Council (NRDC), Testing the Waters 1999: A Guide to Water Quality at Vacation Beaches, there were at least 7,236 individual beach closures and public health advisories at U.S. ocean, bay, Great Lakes, and a few other freshwater beaches during 1998. Since 1988, there have been at least 29,996 closings and advisories.
Health Risks Associated with Pathogens
Various pathogens can be found in water: (1) viruses that can cause hepatitis and gastroenteritis -- a complex of flu-like symptoms including vomiting, diarrhea, nausea, stomach cramps, headache, and fever; (2) bacteria that can also cause gastroenteritis as well as cholera, typhoid fever, eye and ear infections; and (3) amoeba and other protozoa that can cause giardiasis, skin rashes, dysentery and other diseases. These illnesses rarely threaten human life, however they can lead to significant physical discomfort, cause a person to miss work, and be spread to others. Also, the physical consequences of these diseases can be more significant for select members of the general population, such as children, the elderly, and people with weakened immune systems.
Santa Monica Bay Epidemiological Study
During the summer of 1995, the Santa Monica Bay Restoration Project (SMBRP) sponsored an epidemiological study, conducted by researchers at the University of Southern California. The purpose of the study was to assess the health risks associated with swimming in Santa Monica Bay.
In the study, water samples were analyzed for the presence of total and fecal coliforms, enterococci, E. Coli, and enteric viruses (all indicators of pathogens). On the days the water samples were made, more than 15,000 swimmers were approached and asked to participate in a telephone survey. Within ten to fourteen days after being questioned at the beach, more than 13,000 swimmers were telephoned and asked to describe any symptoms they experienced after swimming in the Bay. Researchers eliminated from the study those who visited the beach more than once during the study period in order to show a clear relationship between a single day's exposure and pathogen levels. The study compared swimmers near storm drains to those 100 and 400 yards away. The study determined that people who swim within 100 yards of storm drains emptying into Santa Monica Bay are 50 percent more likely to get colds, flu, sore throats, and diarrhea than those who swim farther away. This study, one of the strongest documentations yet of the link between beach water pollution and illness, concluded that as many as one in ten of those individuals swimming near storm drains will experience symptoms related to pathogen exposure.
From this study, it is reasonable to extrapolate that more frequent swimming -- as is common among surfers, windsailers, snorkelers, vacationers, or youth living in beach communities -- is likely to cause more frequent or more serious symptoms of illness. Second, because the SMBRP study was conducted during dry weather, it is likely that symptoms would be greater for those entering the water during the wet season or after heavy rainfalls when more contaminants flow into coastal waters.
Surfers, in particular, have long reported symptoms after spending time in recreational waters. Skeptics have dismissed these symptoms as being merely anecdotal reports, or resulting from exposure to the cold rather than to pathogens in the water. The scientific evidence, especially that presented in the SMBRP epidemiological study, validates surfer's claims: immersion in coastal waters can and does cause illness, if those waters contain unhealthy levels of pathogens.
EPA Epidemiological Studies
Prior to the SMBRP study, EPA conducted a series of epidemiological studies that showed:
-- swimmers who bathe in water contaminated with sewage are at greater risk of contracting gastroenteritis;
-- as the quality of bathing water degrades, the swimming-associated illness rate increases; and
-- at equivalent indicator densities in marine and fresh waters, the illness rate in swimmers was greater in marine swimmers than in freshwater swimmers.
These studies, comparing the symptomatic ailments between swimmers and non-swimmers at beaches, demonstrated the relationship between water quality and human illness. Other studies conducted around the world established the link between contracting illnesses and swimming in feces contaminated waters. Some of the studies conducted abroad displayed an inverse relationship between water quality and rate of disease contraction -- as water quality deteriorated, the risk of infection increased.
Inconsistent Monitoring Practices
There are currently no federal requirements for monitoring recreational beach waters for pathogen contamination. In 1986, the United States Environmental Protection Agency (EPA) issued recommendations for state health officials to use in setting statewide standards for bacterial pollution in coastal recreational waters. Thirteen years after EPA issued its recommendations, only a handful of coastal states have accepted the Agency's recommendation, enterococcus, as the bacterial indicator in their marine water quality standards. Some of these states have set the enterococcus standard at levels less protective than EPA recommendations. It is interesting to note that recreational saltwater just meeting EPA's recommended standards will cause an estimated 19 swimmers out of 1000 to become ill.
Instead of enterococcus, several states use either fecal coliform or total coliform as the bacterial indicator forming the basis of their state standards. Because of the use of various indicator organisms and different concentrations of these indicator organisms to determine whether swimming should be allowed, beach-goers are subject to vastly different levels of protection. Beach waters with the same concentration of pathogens may be closed or subject to health advisories in one state, but be open to the public in another state. In many states, these discrepancies can be noted among counties or other local jurisdictions.
Not only is there significant variation among the states with regard to accepted bacterial standards for recreational waters, but there is also significant inconsistency in beach water monitoring practices among coastal states, and often within states. Last week, the Natural Resources Defense Council published its ninth annual survey of state beach water testing programs and beach closures. In producing this report, NRDC surveyed coastal areas and used data from an EPA survey of coastal and Great Lakes communities and counties about their monitoring programs and beach water quality conditions. According to the most recent report, four coastal states do not regularly monitor their public beach waters to determine if they are contaminated by pathogens and thus, pose health risks for swimmers. Thirteen states only monitor a portion of their recreational beach waters. Only nine states regularly monitor all or a significant portion of their coastline. Two states and one territory test their beach waters, but do not share the results with the public. In order to better protect the beach-going public from possible illness associated with pathogen-contaminated waters, there needs to be more consistent beach water monitoring activities.
In recent years, several coastal states have taken steps to upgrade their beach water monitoring programs. In 1997, the state of California passed a state "right to know" bill that amended the State Health and Safety Code. Weekly monitoring between April and October will be required at all public beaches with more than 50,000 annual visitors. Regular monitoring will also be conducted at beaches located near storm drains. California beach waters that fail to meet health-based standards as a result of tests will be posted with public health advisories, and a toll-free number providing daily reports of polluted beaches will be established.
Inconsistent Public Notification
Among the states that do monitor their waters, procedures for notifying the public when waters are too contaminated for safe swimming differ considerably. In too many states, even when there is a monitoring report showing polluted water conditions, health authorities fail to properly warn the public or close the beach. As a result of these inconsistent public notification practices, many of the millions of Americans and international tourists visiting our beaches will be swimming in unhealthy waters, totally unaware of the health risks. For example, the Miami Herald recently reported that the waters off Fort Zachary Taylor beach on Key West had three times the acceptable amount of disease causing pollution -- yet the county health department decided not to post a warning.
American Oceans Campaign believes that the public deserves better protection. We believe people have a right to know about the water quality of public, recreational beaches -- especially, if tests indicate that swimming in contaminated waters could lead to physical illness. The information provided to the public should be timely and conspicuous. Notice of health-based violations of water quality should be provided at public access points, such as lifeguard stations. Armed with accurate, timely information, individuals can take appropriate steps to protect their health and the health of their families.
B.E.A.C.H. Bills
On March 3, 19 99, Senator Frank Lautenberg (D-NJ) introduced S. 522, the Beaches Environmental Assessment, Closure, and Health Act (the "B.E.A.C.H. bill"). The next day, Representative Brian Bilbray (R-CA) introduced H.R. 999, the Beaches Environmental Assessment, Cleanup and Health bill. Both B.E.A.C.H. bills will ensure that coastal states have adequate beach water quality testing programs to protect public health and safety. American Oceans Campaign energetically supports both bills and we commend Senator Lautenberg and Representative Frank Pallone for their leadership on this issue over the last decade. We also thank Representative Brian Bilbray and Representative Sherwood Boehlert for their strong leadership on this critical issue.
American Oceans Campaign believes both B.E.A.C.H. bills establish a common sense, national approach to the problems of inconsistent beach water quality testing and public notification. The bills:
-- protect beach goers from health risks associated with pathogen-contaminated waters by requiring states to adopt minimum water quality standards for recreational beach waters.
-- direct nationwide public beach water monitoring so that states and localities will know when and where beach water contamination occurs.
-- provide timely, important information about violations of health-based standards to the public. American Oceans Campaign believes this notice should be provided at public access points to recreational beaches.
-- call for the U.S. EPA to conduct further research to develop better indicators for detecting harmful contaminants and more expedient testing practices. The bill also requires the EPA to develop a more complete list of potential health risks from swimming in pathogen-contaminated waters.
-- authorize the EPA Administrator to make grants to assist states in their efforts to make beach water testing consistent nationwide.
It is time for a comprehensive national program to protect the public from potential health risks associated with swimming and surfing in polluted waters. Beach visitors have a right to know that the waters they choose to play in are safe for recreation. The B.E.A.C.H. bills promote a nationwide commitment to ensure beach-goers receive the basic information needed to protect themselves and their families from harmful pathogens.
S. 522
The language of Senator Lautenberg's bill, S. 522, is based on prior B.E.A.C.H. bills introduced by the New Jersey delegation over the past decade. It requires states to adopt beach water quality standards that are consistent with current EPA criteria. Under S. 522, should a state not adopt the current standards, EPA criteria will be deemed promulgated and becomes the state's water quality standard.
The bill also calls for EPA to promulgate regulations addressing beach water monitoring and public notification. States will have three and one half years from the date of enactment to implement a monitoring and notification program. S. 522 authorizes nine million dollars (per year for five years) for grants to states to implement these programs. The federal share of such programs cannot exceed fifty percent. Fortunately, the successful implementation of beach water programs is not contingent on funding. Once EPA promulgates the regulations, states will be required to monitor coastal beach waters and notify the public when swimming in polluted waters could cause illness.
H.R. 999
H.R. 999, Representative Bilbray's B.E.A.C.H. bill, requires states to adopt standards that are as protective of human health as the 1986 EPA beach water quality criteria. If a state fails to adopt such standards within three and one half years of enactment, EPA must promulgate regulations establishing the beach water quality standards for that state. H.R. 999 also differs from S.522 in that it requires EPA to promulgate "performance criteria" for beach water monitoring and notification. Though performance criteria have no force or effect of law, states, tribes, or localities must satisfy the criteria and demonstrate where and how it will monitor and notify the public in the event pathogens contaminate the water. This state requirement is a prerequisite to receiving EPA grants for implementation of a beach water program.
H.R. 999 authorizes thirty million dollars (per year for five years) to be distributed to states for their programs. The federal share is fifty to one hundred percent of the cost of such program. Under this bill, EPA must maintain a list of areas that do and do not meet the performance criteria for monitoring and notification. If a state or locality fails to implement an approved program three years after EPA formulates the above list, EPA must conduct the monitoring and notification activities for that area. EPA will be entitled to use dollars not distributed to such state or locality to conduct its beach program in that area.
Coastal Tourism
Coastal communities and states derive great benefits from the revenue generated and the jobs created by coastal recreation activities. Visitors to the beach spend millions of dollars to participate in water related recreation, such as swimming, sport fishing, boating, birdwatching or other activity. In 1997, the California Trade and Commerce Agency estimated the value of California's coastal tourism derived from nine coastal counties to exceed $37 billion and the number of tourism related jobs to be more than 387,000. In 1990, it was calculated that the annual economic value of boating, sport fishing, and swimming in the Long Island Sound was more than $5.2 billion. Also, the Florida Department of Revenue estimated that tourist expenditures totaled $23 billion in its coastal counties in 1995 and the South Carolina Department of Parks, Recreation and Tourism estimated that $4 billion and more than 73,000 jobs were generated from coastal tourism in 1997. Similar impressive figures are reported by other states that track tourism in their coastal areas.
Coastal water pollution puts these benefits at risk. For those that become ill from swimming in pathogen-contaminated waters, medical expenses and lost workdays can result in personal economic losses. Of course, closing beaches adjacent to polluted waters will result in short-term economic losses for a community. However, if the community's public health agency uses such incidents as an opportunity to educate beach-goers about the steps it is taking to protect public health as it also works to reduce the sources of beach water pollution, the community stands to gain the public's confidence and a beach-goer's return visit.
Investing in clean water improvements will help maintain the health of swimmers, the productivity of fisheries that attract recreational anglers to the coast, and the jobs of local citizens who work in water sport businesses and related enterprises (hotels, restaurants).
The coastal states and counties that have established regular beach water testing programs are able to protect the public at reasonable costs. The state of New Jersey regularly monitors its 127 miles of public beaches, provides notice to the public, and closes beaches when beach waters are found to violate health-based standards. Its annual cost for beach water testing activities was $250,000 in 1998. New Jersey's annual cost per beach mile monitored is $1,969. The state of Delaware also regularly monitors 50 miles of bay and ocean beaches, and spends $31,250 annually for its monitoring and notification activities. This represents an annual cost per beach mile of $625.
A comparison of the revenue generated by coastal tourism with the costs of beach water monitoring and notification programs suggests that the relative costs are modest. For example, New Jersey received $5.8 billion from coastal tourism expenditures in 1998 and spent $250,000 on beach water testing. Utilizing funds for a beach program is a sound investment that not only helps to protect the public but also pinpoints pollution problems that need to be addressed in order to maintain the quality of beaches and fisheries that attract people to the Jersey shore.
Reducing and Preventing Beach Water Pollution
The B.E.A.C.H. bills will improve beach water standards, monitoring and public health. However, they do not include any requirements to reduce or prevent the sources of beach water pollution. It is my hope that the raised awareness about beach water quality will identify where large challenges remain and will lead to even greater public support for controlling pollution.
More than a quarter century after the passage of the Clean Water Act, there are several remarkable success stories concerning coastal water quality. For example, in many estuaries, the acreage of sea grasses and other aquatic vegetation is increasing from levels observed just a decade ago. Many coastal areas that were "permanently" closed to shell fishing or swimming are now open. Much of the progress is attributed to advancements in sewage treatment technologies and in pretreatment of industrial wastewater. In addition, the public is becoming more involved in hands-on, community-wide projects to protect their waters and citizens are letting their elected officials know that they expect clean, healthy waters for their families and communities. These efforts are helping to improve the quality of many water bodies.
We still have much work to do before America meets one of the goals of the Clean Water Act -- to make all waters swimmable and fishable. A recent national water quality report disclosed that about 38 percent of the nation's surveyed estuaries are not clean enough to meet basic uses such as fishing or swimming. Many beach waters and shellfish harvesting areas are closed due to pathogen and toxic contamination. In 1995, almost one-third of our nation's shellfish harvesting areas were closed or harvest-limited; polluted urban stormwater was identified as the leading source of pollution contributing to harvest restrictions. Other coastal waters are subject to an increasing number of fish consumption advisories.
American Oceans Campaign believes that significant steps still need to be made in reducing and preventing coastal pollution. The U.S. needs to develop a comprehensive strategy to reduce and prevent nonpoint source pollution -- often called "polluted runoff." We believe the Coastal Nonpoint Pollution Control Program, led by the National Oceanic and Atmospheric Administration (NOAA) is the most effective national program designed to reduce and prevent pollution from diffuse sources -- such as marinas, urban sites, agricultural lands, forested lands, and septic systems. We encourage members of this Committee to continue supporting the NOAA program through the appropriations process.
In addition, we support many of the specific actions identified in the Administration's Clean Water Action Plan (CWAP). AOC would like to thank Congress for increasing funds to this important program last year. The Plan targets additional measures to help reduce polluted runoff into impaired watersheds and improve public health protections. The Plan also establishes a framework to improve coordination among federal agencies and state officials. We expect this Plan to help the U.S. make further advancements in cleaning up our nation's waters -- particularly some of our most impaired waters. American Oceans Campaign urges Congress to provide maximum funding for the various federal agencies that will be working on this coordinated strategy to reduce polluted runoff and protect public health.
American Oceans Campaign also believes that Congress should use revenues from offshore oil drilling to protect critical resources, without providing incentives for new offshore drilling. Funding for specific existing coastal and ocean programs has been left out of many federal funding proposals being considered by Congress, that deal with this revenue source. Funding for ocean and coastal programs is of crucial importance. AOC urges Congress to fund existing high value, underfunded federal ocean programs such as the Coastal Polluted Runoff Program, the Marine Sanctuary Program, estuarine programs and ocean habitat research and protection. Outer continental shelf (OCS) oil revenues are a logical source of funds for these programs since they are derived from non-renewable ocean resources and the adverse impacts of OCS development fall predominantly in the oceans and on the coasts.
At the same time, we support increasing investments for important water infrastructure projects, such as upgrading sewage treatment plants, eliminating combined sewer overflows, and improving urban stormwater management. We believe the authorization for and appropriations to the Clean Water State Revolving Loan Fund should be significantly increased to help continue the progress towards achieving improved water quality.
Clean water is extremely valuable. We cannot live without clean water to drink and grow our food. We cannot fish or swim without clean water. We cannot manufacture many products, ranging from computer chips to soft drinks, without a dependable supply of clean water. In a world where we all live downstream, using public funds to help clean up public waters just makes good sense.
Recent Activities -- Presidential Directive.
In a May 1999 radio address, President Clinton announced a multifaceted directive to federal agencies, requiring them to strengthen water quality protections -- particularly as they relate to beaches. The President required the Federal government to take the lead in beach water safety by having the U.S. Park Service and other agencies monitor coastal waters under their jurisdiction and notify the public if poor water quality threatens human health. The measures also called on EPA to speed up work with states to upgrade beach water quality standards and directed EPA to propose strong national sewage regulations within one year to deal with sanitary sewer overflows (a significant source of beach water pollution).
Recent Activities -- EPA Program.
Over the past two years, the United States Environmental Protection Agency has made numerous advancements in helping to establish a more comprehensive beach water monitoring program and improve the public's access to beach water quality information by creating a website. The "BEACH Watch" website provides information about past beach closures and health advisories and describes the monitoring activities that are used at our nation's public beaches. In the future, EPA hopes to provide real-time advisory and closure information.
As part of their enhanced beach monitoring program, the EPA is "strongly encouraging" states to adopt Agency-recommended criteria for beach waters. It is committing itself to work with states, tribes and municipalities to improve monitoring practices by increasing training activities and providing additional guidance to state agencies. EPA will also work to develop new, improved criteria for microbiological organisms that should be in place by 2003. Finally, the Agency will also sponsor research to accelerate the delivery of accurate laboratory results.
American Oceans Campaign applauds and supports the leadership EPA has shown in improving beach water quality programs and promoting more consistent protections for swimmers and other water sport enthusiasts. The Agency has done much work to involve environmentalists, state officials, public health experts and other federal agencies in putting their program in place.
We believe the Administration's program must go further. In order to provide maximum protections for beach-goers, states should continually upgrade their beach water quality standards to reflect new science. In addition, we believe states need to regularly monitor beach water for pathogen contamination. Finally, we believe posting historical information about beach closures and health advisories should not be a substitute for providing timely, accurate information about current water quality conditions that could pose health risks to swimmers. For these reasons, we promote passage of the B.E.A.C.H. bill to ensure consistent prot ections for beach-goers.
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In addition to health and safety measures at the beach, the nation also needs improved estuary protections. This hearing will address estuary bills before the Senate and therefore, American Oceans Campaign will offer the following comments.
Estuaries are dynamic bodies of water along our nation's coasts that are formed by the mixing of freshwater from rivers and streams with saltwater from the ocean. Typically, these waters are semi-enclosed by surrounding mainland, fringing wetlands, peninsulas, or barrier islands. Many of the renowned water bodies of the United States are estuaries -- Long Island Sound, Chesapeake Bay, Narragansett Bay, San Francisco Bay, and Puget Sound, for example. In addition to bays and sounds, estuaries are commonly known as lagoons, sloughs, bayous, and inlets.
The combination of freshwater and saltwater creates a distinct environment where aquatic plants and wildlife thrive. An abundance of land and ocean nutrients, ample light promoting the growth of aquatic vegetation, and a continuous mixing of the system by winds, tides, and river inflows create conditions that give life to some of the richest and most productive ecosystems in the world.
In addition, estuaries support a variety of coastal businesses and are valued as places to live and visit. In 1990, it was estimated that 45 percent of the nation's population live in estuarine areas -- and the predicted population trends suggest that this percentage will rise in the upcoming years.
The functions and values of estuaries are considerable. For example:
-- Estuaries provide valuable commercial benefits. Approximately 28 million jobs are generated by commercial fishing, tourism, water-dependent recreation, and other industries based near estuaries and other coastal waters. It is estimated that commercial and recreational fishing contributes $152 billion to the nation's economy and generates approximately two million jobs.
-- Estuaries provide important spawning and nursery habitat for commercial and recreational fish species. More than 75 percent of the U.S. commercial fish catch uses estuaries during at least one stage of life -- usually the critical early stages. In the Southeastern United States, 96 percent of the commercial fish catch and more than 50 percent of the recreational catch are comprised of fish and shellfish that are dependent on estuarine and coastal wetlands.
-- Estuarine wetlands improve water quality by filtering pollutants before they reach coastal waters.
-- Estuarine wetlands and barrier islands protect shorelines and inland areas from coastal storms and flooding. In their natural state, these areas are able to temporarily store large quantities of flood waters and help to minimize damaging impacts of storm events.
Major Threats to Productive Estuaries
Estuaries are threatened by rapid population growth along the coasts, habitat loss, and pollution. Some of the major problems affecting our nation's estuaries include:
-- Nutrient pollution. Nitrogen can enter estuaries from a variety of sources, including sewage treatment plants, failing septic systems, combined sewer overflows, polluted runoff from agricultural lands, stormwater, and atmospheric deposition. Excessive loadings of nitrogen disrupt estuarine life by accelerating the growth of algae. When large blooms of algae develop, they block sunlight needed by the estuary's submerged aquatic plants. In addition, as algae decompose, they require such great amounts of oxygen, that other aquatic life are deprived of oxygen. Oxygen-deficient conditions (called hypoxia) can result in massive fish kills.
-- Loss of Habitat. Due to development pressures and increasing pollution, natural estuarine habitats are being destroyed. Coastal wetlands, mangroves, and submerged sea grasses provide important nursery, spawning, and sheltering areas for fish, shellfish, and other wildlife. Ninety-two percent of the original wetlands base of the San Francisco Bay area has been destroyed. In addition, between 1950 and 1982, sea grass coverage in Tampa Bay decreased from 40,627 acres to 21,647 acres -- a 47 percent reduction -- because of increased pollution, development and boating activities. The loss of fish habitat is a frequently-cited, contributing factor in the severe declines of fish populations along our nation's coasts.
-- Pathogens. Disease-causing microorganisms, called pathogens, contaminate productive shellfish beds and recreational beach waters in estuaries across the United States. Pathogens are found in animal and human waste and enter estuaries from overburdened sewage treatment plants, combined sewer overflows, agricultural runoff, and malfunctioning septic systems. Eating shellfish or ingesting water contaminated with pathogens can cause a variety of diseases in humans, including gastroenteritis, hepatitis, and others.
-- Toxics. Often, elevated levels of toxics can be detected in the sediments, the water column, and in the tissues of fish, shellfish, and other organisms that inhabit estuaries. Heavy metals, pesticides, polychlorinated biphenyls (PCBs), and hydrocarbons are the most common toxic contaminants in estuaries. These toxic substances originate from a variety of sources, including agricultural runoff, polluted urban stormwater, automobile emissions, and industrial discharges.
National Estuary Program as a Model for Comprehensive Estuary Protection
Estuaries are highly valued and intensely used waters. However, Congress only recently recognized these areas as a unique and severely depleted resource requiring special attention. During the 1987 Clean Water Act reauthorization, Congress established the National Estuary Program (NEP) to resolve many of the complex issues that contribute to the deterioration of our nation's estuaries.
Governors of coastal states nominate particular estuaries for inclusion in the National Estuary Program. The EPA selects "nationally significant estuaries" to participate in planning activities. After designating a particular estuary, the EPA convenes management conferences to address all uses affecting the restoration and maintenance of the chemical, physical, and biological integrity of each estuary. Conference participants include representatives of the relevant interstate, or regional agencies, federal agencies, the Governor(s), appropriate state agencies, local government agencies, affected industries, educational institutions, and citizens. The mission of these conferences is to develop a Comprehensive Conservation and Management Plan (CCMP) that will protect and restore the water quality and living resources of estuaries. The priority actions identified in the CCMP are to be consistent with other provisions of the Clean Water Act and other federal laws.
The NEP has been, and continues to be a model for outstanding watershed management plans; however, implementation of the plans is more problematic. Over the years, we have discovered as more and more plans are completed, they unfortunately languish on the shelf waiting for the dollars necessary for implementation.
Currently, 28 nationally significant estuaries participate in the National Estuary Program. These estuaries were added in five distinct rounds, or "tiers." Eighteen of the 28 estuaries have completed their plans and are proceeding to implement the identified priority actions. The following table provides a quick summary of the status of the local programs.
| Nationally Significant Estuary | Year Designated | CCMP Status |
| Puget Sound (WA) | 1987 | Approved 1991 |
| Buzzards Bay (MA) | 1987 | Approved 1992 |
| Narragansett Bay (RI) | 1987 | Approved 1993 |
| San Francisco Estuary (CA) | 1987 | Approved 1993 |
| Albemarle-Pamlico Sounds (NC) | 1987 | Approved 1994 |
| Long Island Sound (CT, NY) | 1987 | Approved 1994 |
| Galveston Bay (TX) | 1988 | Approved 1995 |
| Santa Monica Bay (CA) | 1988 | Approved 1995 |
| Delaware Inland Bays (DE) | 1988 | Approved 1995 |
| Sarasota Bay (FL) | 1988 | Approved 1995 |
| Delaware Estuary (DE, NJ, PA) | 1988 | Approved 1996 |
| Massachusetts Bay (MA) | 1990 | Approved 1996 |
| Casco Bay (ME) | 1990 | Approved 1996 |
| Indian River Lagoon (FL) | 1990 | Approved 1996 |
| Barataria-Terrebonne Estuary (LA) | 1990 | Approved 1997 |
| New York/New Jersey Harbor (NY, NJ) | 1988 | Approved 1997 |
| Tampa Bay (FL) | 1990 | Approved 1997 |
| Corpus Christi Bay (TX) | 1992 | Approved 1999 |
| Maryland Coastal Bays (MD) | 1995 | Expected 1999 |
| Tillamook Bay (OR) | 1992 | Expected 1999 |
| Lower Columbia River (OR) | 1995 | Expected 1999 |
| Peconic Estuary (NY) | 1992 | Expected 2000 |
| San Juan Bay (PR) | 1992 | Expected 2000 |
| Barnegat Bay (NJ) | 1995 | Expected 2000 |
| Morro Bay (CA) | 1995 | Expected 2000 |
| Mobile Bay (AL) | 1995 | Expected 2000 |
| New Hampshire Estuaries (NH) | 1995 | Expected 2000 |
| Charlotte Harbor (FL) | 1995 | Expected 2000 |
One of the strengths of the National Estuary Program is its reliance on a watershed approach to address and solve the problems of the estuary. By identifying, examining, and correcting environmental problems that may originate upstream, the estuary restoration plans and actions have a substantially better chance of success. National Estuary Programs are designed to consider a myriad of issues: stormwater pollution, nutrient enrichment, heavy metals, sea grass loss, wetlands destruction, sewage treatment, industrial discharges, agricultural runoff, fishery landing trends, wildlife populations, land-use practices, and others. Past approaches to restoration and protection have typically concentrated on a narrow examination of a particular type of pollution or a particular species of fish. Although many of these efforts are making progress, a more complete understanding of the cumulative effect of all the estuary's stresses should produce more extensive beneficial results.
Another strength of the programs is the range of participation they attract from interested parties. The work of NEP Management Conferences provide great opportunities for collaboration and building consensus among the varied interests of the community. Joint decision-making during the studying and planning phase, although sometimes difficult to achieve, can lead to far fewer hurdles during subsequent implementation.
During today's hearing, two estuary bills will be addressed. One bill focuses federal resources in support of community based habitat restoration, while the other initiative strives to strengthen and expand the existing National Estuary Program (NEP).
The Estuary Habitat Restoration Partnership Act of 1999 (S. 835). On April 20, 1999, Senator Chafee, along with several members of this Committee, introduced S. 835. The objectives of the bill include improving coordination among various federal and non-federal estuary habitat restoration programs and increasing the level of federal funding dedicated to these important restoration efforts. The bill is supported by leading estuary protection organizations across the nation, American Oceans Campaign, and by several other organizations that are part of the Clean Water Network. American Oceans Campaign considers the approach detailed in S. 835 to be an essential component of a national strategy to improve the health of estuaries.
In particular, the bill will improve efforts to restore estuarine habitat in numerous ways:
-- It establishes an ambitious, critical goal of restoring one million acres of estuarine habitat by 2010. Numerous commercial and recreational fish and shellfish species use estuarine habitats for nurseries and shelter. Such an increase in estuarine habitat should significantly aid efforts to restore estuarine and marine fisheries to sustainable levels.
-- It establishes a federal inter-agency council to better organize the various federal programs involved in estuarine habitat restoration. The Collaborative Council is to be comprised of the heads of various federal agencies involved in estuary protection and land-use decisions. The activities of the Collaborative Council will increase awareness about estuarine health among key federal officials and greatly assist coordination and priority-setting. One potential outcome of increased coordination will be the compilation of completed and ongoing restoration plans in the national estuary habitat restoration strategy. A database that gives a brief account of restoration projects; the types of restoration methods used; the various governmental roles included in the project; and the effectiveness of the restoration will prove to be an invaluable resource for coastal communities that are determined to initiate their own restoration campaigns but unsure of how to start and what to include in a plan.
-- It promotes a through national approach for restoring estuary habitat. The bill calls for the Council to develop a comprehensive strategy that addresses fish and shellfish, wildlife, water quality, water quantity, and recreational opportunities. Such a strategy should aid in directing scientific and financial attention to the most pressing estuarine habitat concerns, in balancing national attention between small scale and larger habitat restoration projects, and in evening geographical distribution of estuary restoration projects.
The bill encourages community-based involvement by seeking the active participation of concerned individuals, non-profit organizations, and businesses.
The bill authorizes appropriations to carry out estuary habitat restoration projects. The increased investments will allow states to leverage their own contributions to restoration projects and should accelerate and enhance estuary restoration activities.
The National Estuary Conservation Act (S. 878). Senator Torricelli introduced S. 878 on April 26, 1999. The bill permits grants that are authorized under the National Estuary Program to be used to develop and implement comprehensive conservation management plans. The bill also increases the authorized levels for the NEP to $50 million a year for fiscal years 1999 through 2004.
If enacted, Senator Torricelli's bill would set a meaningful advancement for the National Estuary Program. The bill would open the door to using NEP grants for implementation of approved CCMPs.
American Oceans Campaign believes that the nation should invest an even greater amount. An annual federal allocation of $50 million divided among 28 programs in various stages of their planning and implementation will not fully solve the current problem of inadequate federal funds available to implement CCMP actions. A much more significant federal investment is needed to ensure these plans have a chance for success.
Conclusion
In conclusion, Mr. Chairman, I wish to thank you for holding this hearing about important ocean and coastal issues. It is time for a comprehensive, national strategy for estuary protection and beach water testing and public notification.
American Oceans Campaign urges Congress to support bills that are dedicated to achieve an actual increase in coastal habitat. Congress should also support bills that require the implementation of, and authorize appropriations for approved estuary management plans. Specifically, Congress should support initiatives that strengthen the National Estuary Program.
In addition to estuary protections, the nation needs health and safety measures at the place where most of us get to enjoy the ocean firsthand -- the beach. Health risks associated with the presence of human and animal wastes in coastal waters are persistent due to leaking septic systems, inadequate sewage treatment, stormwater pollution, and agricultural runoff. Unfortunately, families often do not know when it us unsafe to hit the surf. The B.E.A.C.H. bill will allow us to protect ourselves and our children from disease causing pathogens by setting national beach water quality criteria, establishing nationwide monitoring programs, and ensuring prompt public notification of contamination.
The B.E.A.C.H. bill protects the health of families and alerts communities with vital information about c oastal pollution. Although the B.E.A.C.H. bill does not contain provisions to act against polluters, the monitoring and notification process will empower local governments and states to be better stewards of beaches. I therefore urge this Committee to support the B.E.A.C.H. bill.
Thank you. I look forward to your questions.
But the general public may not get the news.
Despite tests that show Fort Taylor's waters have three times the acceptable amount of a feces indicator, the Monroe County Health Department has decided not to post a warning at the popular beach, said Jack Teague, the department's environmental administrator.
Knowing what he does about the results, Teague says he personally wouldn't risk swimming off that beach. But because the specific test the department uses isn't recognized by Florida law, he says his agency isn't required to post a health advisory.
``It's unbelievable,'' said DeeVon Quirolo, of Key West's environmental group Reef Relief. ``It's a short-term effort to try to salvage some beach so the tourists can go for it. We are caught in a very sad situation that could have been avoided years ago.''
Jim Gentilucci, who swam with his wife and two sons off Fort Taylor on Thursday, was surprised he didn't see anything about the tests at the park. He said he wouldn't have gone in the water, had he known.
``If they are telling me there's sewage runoff, I wouldn't go in, like I wouldn't go swimming in my toilet,'' said the visitor from Frederick, Md.
For the past month, the health department has posted warnings against swimming at six popular spots -- including all of Key West's other public beaches -- after routine tests showed elevated levels of fecal coliform bacteria. City engineers believe leaking sewer pipes and oaters who dump their waste overboard are the likely causes. The pollution hasn't spread to the reef, which department officials say is fine for swimming.
The health department recently began testing Key West's beach waters for another sewage indicator called enterococci bacteria, which the federal Environmental Protection Agency has lobbied states to use as their standard.
Enterococci is a better indicator of human waste, especially in marine waters, said Dale Griffin, a researcher with the University of South Florida who has studied Keys waters. While fecal coliform typically dies quickly, enterococci bacteria sticks around, making it easier to detect for a longer period.
Tests at Fort Taylor showed the waters had minimal levels of fecal coliform, yet have more than three times the acceptable level of enterococci. Because the state relies only on the fecal coliform test, the health department has decided not to warn swimmers -- even though a health risk does exist.
``I would say that the readers of this information can make their own decision, knowing what has been written about enterococci,'' Teague said. ``And they can take into account what this level is.
``But that's something that is quite different than what the formal constraints are for our agency.''