“In reality, continuation of prior nonconforming uses in wilderness and potential wilderness areas is not infrequent. Continuation of prior nonconforming uses does not in and of itself encourage the spread of new incursions because they are by definition “preexisting.” On the contrary, allowing prior nonconforming uses in wilderness or potential wilderness areas encourages the enlargement of wilderness because it enables creation of wilderness areas without the destruction of beneficial preexisting activities.
The NPS is required to prepare an Environmental Impact Statement in connection with update of the 1980 General Management Plan. Unless NPS forces DBOC out in the meantime, a full and accurate environmental review in connection with update of the 1980 GMP will demonstrate that oyster cultivation in Drakes Estero is an example of a beneficial preexisting activity that should be permitted to continue as a preexisting nonconforming use in a potential wilderness area, an area that is, in all other respects, managed as wilderness.”
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