1. The canary in the coal mine: How do sea otter health issues shape a regulatory response?
During this session you will hear in detail about a number of health issues confronting sea otters. I’ll be discussing several of the major issues, particularly those that appear to have major anthropogenic drivers, relative to regulatory activities and obstacles. What can be done to reduce the risk from these various threats? Are sea otters an indicator of a larger water quality problem that we need to confront? Is the existing toolkit sufficient to tackle these complex problems?
Karen Worcester
Staff Environmental Scientist
Central Coast Regional Water Quality Control Board

2. Central Coast Water Board Range of the Southern Sea Otter
and
Range of the Southern Sea Otter
Sea otter health is uniquely the responsibiiliy of the Central Coast Region from a water quality standpoint - we regulate the quality of discharges to the ocean, whether point or nonpoint.

3. Known and potential health issues associated with water quality
Protozoal diseases
Bacterial diseases
Domoic acid poisoning
Bioaccumulation of chemicals
Viruses?
What

4. Primary Causes of Death (1998 – 2005)
N=373
Domoic Acid Poisoning
Bacterial Infection
Protozoal Encephalitis
Trauma
Cardiovascular
Disease
Almost a quarter of primary causes of death
Other
Acanthocephalan Peritonitis

5. Protozoal diseases Oocysts are resistant to chlorination
Oocysts can be concentrated in mussels or other shellfish
Domestic and introduced species are sources
Toxoplasma, Cryptosporidium, and Giardia have been associated with areas of high freshwater inflow

6. Bacterial Diseases
Salmonella, Vibrio, Campylobacter, and others isolated in sea otters
Several species have been associated with physical symptoms and death
Some strains are identical to human
Risk factors for uptake by mussels include precipitation and sewage sources
Risk factors for otters include fresh water flow and increasing population density

7. Domoic Acid Poisoning
Pseudo-nitschia has complex nutrient dynamics involving silica, iron, nitrate and other nutrients
Current research indicates anthropogenic nitrate and urea inputs exacerbate blooms and toxicity (R. Kudela and others)
Annual nitrate loadings can exceed a 650,000 kg; urea can exceed 20,000 kg (CCLEAN)
CCLEAN estimates are conservative because they aren’t derived using storm data.
Pseudonitzschia has been shown to be increasing in abundance over the past 50 years in areas like the Gulf of Mexico, paralleling increases in nitrate concentrations from fertilizers

8. Bioaccumulation of Chemicals
Associations with disease have been found for perfluorinated chemicals (Kannon, et al, 2006)
Current Prop 13 grant project is investigating wide range of bioaccumulating chemicals (CDFG, U.C. Davis and CCLEAN)
Final report for prop 13 will be out in the next six months.
PFOAs and PFOSs – broadly toxic, persistent bioaccumulants present in food packaging, teflon, stain resistant products, floor waxes, Gore-tex and other products. Levels in sea otter tissues have increased since early 90’s and are among the highest reported in marine mammals. Companies such as 3M have begun phasing them out under pressure from U.S. EPA since the early 2000s.

9. What can be done about all of these problems?

10. Storm Water Management
How we manage water moving off the land will vastly affect water quality of discharges

11. Storm Water Management
New Monterey Regional Storm Water Management Program includes new language (adopted on 9/8/06):
“will implement a pollution reduction component that identifies geographic areas that are sources of pollution, including T. gondii and other pathogens impacting California sea otters. Once identified…will implement a program to reduce and eliminate pollutant sources identified as impacting sea otters”
Storm Water Management
There are 17 references to sea otters in the newly adopted Monterey Regional Stormwater Management Plan, adopted September 8th.
Sea otter disease issues included in bilingual educational programs
Stormwater management plan includes requirements for infiltration, retention and settling, filtration through vegetation

12. Storm Water Management
Sea otter disease issues are included in educational programs (bilingual)
Storm and dry season discharge monitoring through Citizen’s Monitoring Network
Low impact development and other source and treatment control measures are being adopted above and beyond Phase II requirements
Storm Water Management

13. Low Impact Development Design
Maintain the “sponge”
Retain and infiltrate water on-site
Minimize impervious surfaces
Mimic natural systems
Storm Water Management

14. Low Impact Development
Makes
this…
Function more like this…

15. Storm Water Management
We have funded development of new City of Salinas ordinances and design standards that incorporate LID; will serve as model for Phase II permits
We are defining LID as the “maximum extent practicable” for the City
We are hosting LID workshops and are working with local cities and counties to encourage adoption of new LID ordinances
We have made funds available to design or redesign a development using LID
We have funded almost $4 million towards LID and related projects this year
Storm Water Management
Funding represents 18.5% of funds available for State
Salinas is the only City larger than 100,000 people that has a Phase I stormwater permit. New LID ordinances should be in place be the end of the year.

16. Wastewater treatment Maintenance of sewage infrastructure
Maintenance and monitoring of septic systems – AB 885
Upgrade of treatment to full secondary or better
Reuse of water; reduction of discharge quantity
Disinfection
Reevaluation of standards
Wastewater treatment
Because of the Beaches program almost 80 million dollars have gone into upgrade of sewage infrastructure in the past several years. New legislation (AB 885) on septic systems will be requiring much more rigorous siting, design, maintenance and testing through an MOU with Counties. Draft regulations are still in review by the Regions, but in our region we are already in discussion ordinance revision with the Counties.
Plants with very long outfall pipes typically do not chlorinate because it is assumed that impacts to the shoreline are not significant. Monitoring is is set up to detect coliform moving towards the shoreline, to protect water body contact for swimmers. Researchers can be helping us determine whether this conventional wisdom is correct. After all, marine mammals do not live at the shoreline only, and may be impacted by discharge quality in the open ocean.
The primary difference between primary and secondary treatment is the level of solids removal. This is probably key in reduction of cysts in wastewater, if they are present. The two facilities which have had a waiver of full secondary requirements have in the past year committed to upgrades to full secondary in the next permit term.
Water supply issues are driving reclamation efforts, and several of our larger plants on the central Coast plan to reclaim the majority of their discharge in the next decade. Also as treatment requirements increase, the incentive the recycle grows.

17. Agricultural Sources New State Nonpoint Source Policy
Makes all discharges subject to regulation
Conditional Waiver for Irrigated Agriculture
15 hours of water quality education
Farm Plan
Implementation of Practices
Monitoring for water quality improvements
Agricultural Sources
For some bacterial diseases and for Cryptosporidium in particular, improved management of cattle around waterways is needed.

18. E. coli 0157 Agricultural Sources
High publicity recalls of bagged spinach and lettuce from watersheds of the Central Coast have increased public concern
Food safety issues raise problematic conflicts related to agricultural practices
Agricultural Sources
Problems and research needs related to food safety

19. Grant Funding Priorities:
Over $100 million since 2001 from Props 13, 40 and 50 for Clean Beaches Initiative projects; over $12 million in this Region
Priorities:
Rapid indicators
Epidemiology studies
New tools for detecting human pathogens
Source tracking tools
Evaluation of management practices
Improving water circulation
Bacterial transportation and regrowth
Demonstrated contamination problems
Grant Funding
11.8% of the first two batches of money or $8.9 million of $54 million has been spent within the sea otter range – sewer system improvements, diverting or treating urban runoff, pump station retrofit, and planning
$3.85 million in new projects (mostly LID) funded through Prop 40
BMPs include treatment wetlands, circulation enhancements, end of pipe treatment

20. Prop 50 Ocean Protection Act grant will explore relationship of pathogens to traditional indicators
CCLEAN 5-year evaluation will consider addition of specific pathogens to mussel monitoring network
We need better detection limits for some methods and technologies that are applicable for routine monitoring
Monitoring

21. NRDC lawsuit Litigation
Filed August 3rd against EPA for failing to comply with the 2000 “Beaches Act”
Would compel EPA to evaluate full range of coastal pathogens threatening human health, and develop appropriate test methods and water quality criteria
Litigation
NRDC lawsuit will come in handy
Concern for the health of the nations beaches prompted a recent EPA lawsuit by NRDC. Beach closures have increased for three years in a row. In part, this may be because monitoring has increased in the last several years on public beaches. But the law suit also contends that standards are outdated and leave the public at risk for serious diseases. Also, the beach testing program is entirely focused on protection of human health and does not address health of aquatic species.
Current testing relies on “indicators” like total and fecal coliform, and enterococcus, that are associated with fecal waste from warm blooded species and but do not necessarily cause disease themselves. The indicators are considered effective as a measure of whether treatment (most typically chlorination) is adequately removing pathogenic organisms. However, some of the diseases impacting sea otters have life stages that are virtually resistant to standard treatment approaches like chlorination. In this sense, our numeric water quality objectives, that form the traditional basis of our regulatory mechanisms are incapable of addressing this problem. There are other tools that I will discuss momentarily, that we can apply however.

22. AB 2485 Sea Otter Bill Legislation Creates a “Sea Otter Fund”
Establishes new sea otter research program
Requires labeling of cat litter regarding proper disposal
Creates a new Fish and Game Code crime
Legislation
Research Program will to reduce sea otter mortality from non-point source pollutants and develop new water and wastewater treatment technologies
50% of funds go to research program, inlcuding wastewater treatement technologies, managed by Coastal Commission, 50% go to CDFG for investigation, prevention, and enforcement actions, also research and education
Is waiting for Governor’s signature – here?

23. What is the outcome of all of this??
Agency action through new stormwater and ag regulations, and WWTP and infrastructural improvements
Better ability to enforce
Better standards and test methods
Better understanding of treatment needs
More complete understanding of disease sources and pathways
Enforcement – Regional Boards may have new criteria directly related to pathogens of concern, instead of only indicator bacteria. Ammendments to Fish and Game Code 5650 make it unlawful to discharge substances that are deleterious to mammals

24. Questions?
(805)

27. California Ocean Council 5-year Strategic Plan
Coastal Water Quality is a priority goal
Support pollution control regulation
Develop new technologies and efforts to reduce nonpoint source pollution
Improve water quality testing programs

28. City of Morro Bay upgrade
High incidence of Toxoplasma in the area made the City of Morro Bay 301(h) waiver upgrade particularly controversial
City is now proceeding with upgrade though timeline has not been adopted by Board
City has collaborated with researchers testing Toxoplasma in the vicinity of the discharge
EPA is currently completing a biological assessment of impacts
Wastewater treatment