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For immediate release: NPS and USGS Falsified Finding of Harbor Seal Disturbances at Drakes Estero

New Information Shows False Science Misinformed Interior Secretary Salazar for His Decision

Inverness, California, May 13, 2013 — A scientific misconduct complaint was filed today with Interior Secretary Jewell. This complaint was based in part on new information only made available this past week via both the Freedom of Information Act (FOIA) and from the independent scientist who did the harbor seal behavioral analysis for the National Park Service (NPS) and U.S. Geological Survey (USGS). The complaint, filed by Dr. Corey Goodman, concerns the NPS and USGS claim – shown to be false – that the independent scientist – Dr. Brent Stewart – found the oyster farm disturbed harbor seals at Drakes Estero, which he did not. The complaint alleges the public was deceived.

The new information shows that evidence of disturbances was falsified. This revelation has profound implications for Secretary Salazar’s decision to not renew the oyster farm permit, showing that USGS and NPS apparently misinformed Secretary Salazar using scientific claims they knew were incorrect, and that the Department of Justice continues to use the same false science to misinform the federal court.

The data in question are included in the NPS Final Environmental Impact Statement (FEIS) released in late November 2012. The FEIS alleges that oyster boats have a “moderate adverse impact” on the harbor seals at Drakes Estero, a claim the new information shows is not true. Around the beginning of 2012, NPS asked USGS to independently analyze the 300,000 photographs from secret cameras placed along the shore of Drakes Estero from 2007 to 2010. The USGS scientists picked 165,000 photographs from 2008 for their analysis. They sent all of the series of photographs that showed possible harbor seal disturbances to an independent harbor seal behavior expert, Dr. Brent Stewart of Hubbs-SeaWorld Research Institute.

Last May, Dr. Stewart filed his report that found “no evidence of disturbance” by the oyster farm, but USGS misquoted him and claimed he found two correlated disturbances, and the NPS FEIS further misrepresented both USGS and Dr. Stewart and claimed he found cause and effect, and with it, NPS found a moderate adverse impact. Two serial misrepresentations led a finding of “no evidence of

disturbance” by the independent expert to be transformed to a finding of causation of disturbances by NPS in its FEIS.

This past week, USGS released a series of emails in response to a FOIA request submitted in December 2012. Those emails show that USGS and NPS personnel believed that the analysis of the NPS photos had very high priority and was fast tracked to inform Secretary Salazar’s decision on the oyster farm permit. The emails also reveal that USGS personnel apparently briefed two Assistant Secretaries of Interior on July 3 to inform the Secretary’s decision. It appears the Secretary was briefed with false science.

In early December 2012, questions were raised concerning the USGS and NPS claims vs. the independent scientist’s findings. As a result, USGS personnel went back to the independent expert and asked him to re-review the NPS photographs. Dr. Stewart’s supplemental analysis, filed with USGS on December 10, 2012, shows that he confirmed his initial analysis, namely, the finding of no evidence of disturbances by the oyster farm. Up until this past week, Dr. Stewart’s supplemental analysis has not been made public.

Upon request from the office of Congressman Jared Huffman, Dr. Stewart provided this report to the Congressman’s staff nearly two weeks ago, and released those same documents upon request from Dr. Goodman this past week. This supplemental report, and the request and submittal emails, were not included in the USGS response to the FOIA request, raising questions as to whether USGS withheld the material in violation of FOIA, or alternatively, whether USGS personnel used private email addresses to circumvent FOIA. Regardless, this key document was not provided in response to the FOIA request.

“After receiving the supplemental report, the USGS should have retracted its own report, informed NPS that its FEIS contained major mistakes, and informed the Secretary that he was misinformed for his decision,” said Dr. Goodman. “But it appears as if none of this happened. Dr. Stewart’s supplemental report was suppressed, and with it, the evidence showing misconduct was covered up.”

Although Interior stated that the science was not important to the Secretary’s decision, the new documents paint a very different picture, one in which NPS was “chomping at the bit” for the USGS scientific analysis of the photographs because of the Secretary’s “deadlines for deciding on the permit.”

“NPS and their supporters keep saying that the science isn’t important in the federal court case, but that just isn’t true,” said Kevin Lunny, owner of Drakes Bay Oyster Company. “The Department of Justice lawyers have used these false science claims to argue that the public good favors removal of our oyster farm, and with it, the loss of 40 percent of the State’s oysters and 30 jobs.” The next hearing for the lawsuit in the Ninth Circuit Court of Appeals is scheduled for May 14, 2013.

Dr. Goodman requested that Interior Secretary Jewell convene a blue-ribbon panel of independent scientists to investigate the allegations that USGS and NPS personnel intentionally misrepresented the findings of the independent scientist concerning the oyster farm at Point Reyes National Seashore.

Contacts:
Barbara Garfien Barbara.garfien@gmail.com 415-717-0970

Dr. Corey Goodman

corey.goodman@me.com

415-663-9495
mobile 650-922-1431

04/25/2013 Dr. Jeff Creque on Red Herrings in Drakes Estero

Red Herrings in Drakes Estero

Jeff Creque, Ph.D. Land Stewardship Consultation, responded on April 25 to a letter in Marin Voice written by Dr. Marty Griffin. Below is his response as it appeared in the West Marin Citizen, the Marin IJ, as well as the Press Democrat.

Dr. Marty Griffin’s years of service to the cause of conservation in Marin are appreciated, but his opinion piece (MV, 5/2/13) reminds me of Michael Moore’s comment at the Oscars some years ago; we do indeed live in fictitious times.

Dr. Griffin reviews the many charges brought against the Drakes Bay Oyster Farm (DBOF) by the California Coastal Commission (CCC) in its ongoing collaboration with the National Park Service (NPS) to eliminate aquaculture on over 55% of the State of California’s water bottom shellfish leases, but he fails to explain the CCC’s ham-handed attempts to regulate an activity over which it has no statutory authority.

If DBOF is, technically, out of compliance with CCC regulations, it is due entirely to the success of the bureaucratic pincer move deployed jointly by the CCC and NPS. There have been no “expanded operations” by the oyster farm. Johnson’s Oyster Company (JOC) harvested some 800,000 pounds annually prior to the company’s collapse in 2004. DBOF has gradually rebuilt the farm’s annual harvest to about 400,000 pounds, half that of JOC.

Oysters may be an irrelevant luxury food item for Dr. Griffin, but they remain one of the few sustainable sources of marine protein on the planet. While global fisheries collapse, sea levels rise and oceans acidify, estuary restoration efforts throughout the world attempt to restore oyster beds as rapidly as possible. Only in Drakes Estero are reputed environmentalists working overtime to destroy our capacity to produce what the Monterey Bay Aquarium calls a “super green” sea food.

Dr. Griffin might read the National Academy of Sciences report he misquotes to learn more about Didemnum vexillum, which is ubiquitous in estuaries globally. If he did, he would know oyster culture did not cause its presence in Drakes Estero, and it is not possible to eradicate, even if all cultured oysters were removed. He would learn that the NAS found no evidence of environmental harm from shellfish aquaculture in the Estero and recommended development of a Collaborative Management Plan to enable aquaculture to continue, and to address the concerns raised in this overheated debate with legitimate scientific inquiry, in an adaptive management framework.

Most importantly, I want to assure Dr. Griffin that there is nothing frivolous about our lawsuit, undertaken only after much deliberation and careful legal analysis by our pro bono legal team. The anguish expressed during our pre-filing deliberations by Ms. Faber, whose own lifetime of laudable service to the cause of conservation in Marin rivals even Dr. Griffin’s, including her tireless efforts to bring about the Coastal Act and her service on the original CCC, was, for me, particularly sobering.

As made clear in our legal brief, the CCC has greatly exceeded its authority in this matter, working against its own statutory requirement to support coastal dependent activities, particularly aquaculture, and both replicating and exceeding authorities of the Fish and Game Commission, in direct violation of the Coastal Act.

With 14.5 million residents to feed in the SF Bay Area today, and 21 million projected by mid-century, the importance of this critical, sustainable, nearly perfect marine protein resource is increasingly obvious to all who care about the future of sustainable food production in our region. DBOF is an archetypical example of exactly the type of food production we need more, not less of. It is part of the solution to our growing dilemma; it is most certainly not part of the problem.

I urge those in our community who share our concerns to become involved in this issue while there is still time.

Jeffrey Creque, Ph.D.

Alliance for Local Sustainable Agriculture

908 Western Ave

Petaluma 94952

707/765-1059

1 Comment

by Jane Gyorgy on May 13, 2013 • Permalink

Posted in Articles & Letters, Scientists Weigh In

Posted by Jane Gyorgy on May 13, 2013

http://oysterzone.wordpress.com/2013/05/13/04252013-dr-jeff-creque-on-red-herrings-in-drakes-estero/

05-02-2013 New Data Disprove NPS Noise Claims about Oyster Farm

In science, numbers often speak louder than words. Such is the case with data Jake de Grazia, a University of Southern California journalism student, and I collected concerning noise generated by the Drakes Bay Oyster Company (DBOC) skiff and oyster tumbler. (Jake is looking into the oyster controversy for his thesis.) In the Environmental Impact Statement (EIS) on the oyster farm, the National Park Service claimed that the skiff and tumbler are so noisy that they have a “major adverse impact,” disturbing harbor seals and visitor experience.

The (sound) data we gathered reveal that science has taken a backseat to ideology at Drakes Estero. They also have implications for the federal court case. While Interior declares to the public that the science doesn’t matter, that is not what federal lawyers are saying. In court, they are arguing that removing the oyster farm would be in the public interest because it could eliminate the major soundscape impact. As Jake and I confirmed, there are no data to support that claim.

Point Reyes Station, CA, May 2, 2013 — Simple numbers with profound implications for the ongoing Drakes Bay Oyster Company (DBOC) federal court case were reported today in the Point Reyes Light, the Pulitzer Prize-winning newspaper in West Marin, CA.

Dr. Corey Goodman, an elected member of the National Academy of Sciences and local resident, presented new data that he and Jake de Grazia, a journalism student at University of Southern California who is studying the controversy surrounding DBOC, collected on April 20.

The new experiments confirm the data reported in December 2011 by Environ, a scientific consulting firm hired by DBOC, and show that the data used by the National Park Service (NPS) in its Final Environmental Impact Statement (EIS) in November 2012 were exaggerated and misrepresented the environmental reality at Drakes Estero.

“The new data have serious implications for the ongoing federal court case,” said Dr. Goodman. “Federal lawyers are using the faulty EIS to argue that eliminating the oyster farm is in the public interest because of the impact of noise on wildlife and visitors. The new data disprove that government claim.”

In the Final EIS, the Park Service asserted that the “soundscape” of the oyster farm has a “major adverse impact” on the environment. NPS argued that farm equipment – most notably the skiff used to take oyster bags into and out of the estero, and the oyster tumbler used to sort oysters at the onshore facility – are so noisy that they disturb harbor seals and visitor experience. The new data show otherwise. Recorded sound levels showed huge disparities between what NPS claimed and reality. Where NPS claims the oyster skiff can be heard at 1.7 miles (8,987 feet), the new data show it can only be heard for about 400 feet. Where NPS claims the oyster tumbler can be heard for 1.8 miles 9,786 feet), the new data show it can be heard for less than 150 feet.

“We are grateful that a scientist and a journalist collaborated to conduct these experiments,” said Kevin Lunny, owner of Drakes Bay Oyster Company. “It is obvious to all of us who work at the oyster farm that the skiff and tumbler can only be heard for a few hundred feet and not for several miles as NPS claims, so it came as no surprise that the new data confirm what we – and tens of thousands of visitors to the farm – all know from first-hand experience.”

The data presented in the NPS EIS in support of the “soundscape” finding were not gathered at the oyster farm, as mandated by federal policy. Instead, NPS used so-called “proxy” data. Noise data from a loud Jet Ski recorded in 1995 on the New Jersey shore was used to represent the oyster skiff, and noise data from a U.S. Army cement mixer was used to represent the oyster tumbler with its tiny electric engine. NPS published this data in its 2012 EIS despite the existence of actual data recorded by Environ in 2011.

The new data raise serious questions about declarations with the federal court by NPS supporters. Under penalty of perjury, Gordon Bennett (Save Our Seashore), Amy Trainer (Environmental Action Committee of West Marin), Neal Desai (National Parks Conservation Association), and Johanna Wald (Natural Resources Defense Council) testified to the federal court that when they hiked out the Estero Trail, they were disturbed by the sound of the oyster skiff. The new data raise doubts about the validity of these declarations.

Mr. Bennett claimed he was also disturbed on his hike by music from a boom box on the skiff. The oyster farm foreman and other employees say they have never taken a boom box out on the estero.

The new data support the importance of the recent request for documents by Doc Hastings, Chairman of the House Committee on Natural Resources, to the Department of the Interior concerning the integrity of science at Drakes Estero. Congressman Jared Huffman, whose district includes West Marin and who is a member of the committee, has not yet endorsed a bipartisan investigation of the science.

“Congressman Jared Huffman’s district has been ground zero for NPS scientific misconduct,” said Dr. Goodman. “In light of these new data, I urge Congressman Huffman to reach across the aisle – as he has done so successfully in the past – to make sure that the integrity of science does not fall victim to a predetermined agenda at Drakes Estero.”

Contacts:

Barbara Garfien 415-717-0970 barbara.garfien@gmail.com

Dr. Corey Goodman 415-663-9495 corey.goodman@me.com

Sarah Rolph 978-287-4640 sarah@sarahrolph.com

• 17171 Sir Francis Drake Boulevard Inverness, CA 94937 ph. 415.669.1149

July August 2009, RRT: Environmental Petition Spreads Discredited Information | russianrivertimes

A river of environmental misinformation flows all the way from a card table in Sebastopol, across the country, down C Street in Washington, past the Department of Interior, and eventually discharges into the halls of Congress. The Russian River Times tracked it to its source.

A few days ago, at a table outside the Sebastopol Whole Foods store, a representative of a local environmental coalition was asking patrons to sign a petition. It asked Rep. Lynn Woolsey to reverse her support of Senator Feinstein’s proposed legislation to extend the lease of a historic oyster farm, located on Drake’s Estero within Point Reyes National Seashore. According to the petition handout, it was being presented by Save Drakes Bay (SDB), a coalition of environmental groups, including amongst others, the Sierra Club, the National Parks Conservation Association and the Environmental Action Committee of West Marin.

The person at the table, who identified himself as ‘Brian’ showed an aerial photo of eel grass beds, pointing out that eelgrass, an important part of the ecosystem, was “nearly all gone” and that the shaded areas showed where it was “dying because of the oysters”. He claimed that the “seals were dying” as the result of the “oyster factory operation”. He claimed that if Feinstein’s amendment to the Park Service appropriations bill were approved, it would “destroy the Wilderness Act” for the commercial benefit of a local business owner.

None of these charges are true.

A recent report by the National Academy of Sciences, commissioned by the National Park Service at the request of Senator Feinstein, shows that there is no scientific indication that Drakes Bay Oyster Company (DBOC) is having any meaningful negative effects on the Estero

The report states that the Park Service deliberately distorted and misrepresented claims of damage. It states that “…coverage of eelgrass has expanded from 361 acres in 1991 to about 740 acres in 2007”. Likewise, the seal population which local Park scientists had previously stated may be approaching its maximum size based on the available food resources, varies little from site to site around Point Reyes. This would not be the case if the oyster company were harming seals. The Park Services own seal database shows that the oyster company accounts for less than one percent of the total number of seals disturbed since Drake’s Bay Oyster Company took over operations in 2005. The one percent attributed to the oyster farm are based on three events, each of which as been discredited. The other 99 percent of disturbances were mostly park visitors, followed by natural or unknown causes.

John Hulls points out similar tactics spreading discredited information by Jeff Rusch of PEER (Public Employees for Environmental Responsibility), the Sierra Club, the National Park Service itself. Hulls summarizes lawsuits and 9th Circuit Court of Appeals rulings that overturned the NPS and environmental elitists goals of re-territorialization.

The Times next spoke on this issue with Gary Nabhan, who has published an article on the Estero situation in the well-respected High Country News, entitled “What we got here is a failure to collaborate”. Dr. Nabhan has served on the National Park System Advisory Board under two presidents and contributed to the study, Rethinking National Parks for the Twenty First Century. He is also granted a MacArthur Foundation “genius” award for his conservation work. His article points out the need to nurture the collaborative conservation movement and his concerned that the current nominee to head the Park Service, Jon Jarvis, may be the wrong person to foster this approach. Nabhan notes that it is a complex task to balance the inevitable conflicts that arise from the many diverse stakeholders in the National Park system. He is of the opinion that in many cases, the Park Service has failed to follow its own procedures in resolving the many inevitable conflicts that arise between diverse stakeholders within the National Parks and with surrounding communities.

In the High Country News article he states, “Jarvis knows how to preach to the wilderness choir, but national parks are about more than wild landscapes. A third of the nation’s 400-some parks, monuments, seashores and heritage areas contain culturally significant “working landscapes.” Park staff interacts with Navajo shepherds in Canyon de Chelly, Mormon orchard-keepers in Capitol Reef, bison ranchers in Great Sand Dunes and commercial fisherman around the Channel Islands. If his appointment goes through, Jarvis will be charged with the complex task of resolving the inevitable conflicts between such diverse stakeholders and protectionists.

All Park visitors rely on the correct application of laws and policy to prevent the greater public interest being drowned in a sea of misinformation and spin. Under Western Region Director Jon Jarvis, NPS management of Drake’s Estero, Fort Baker and the Merced River show a pattern of ignoring laws and science when it suits them, such as the Wild and Scenic Rivers Act, the Coastal Zone Management Act and the Wilderness Act, and the provisions of NPS policy that require cooperation with all stakeholders and surrounding communities and use of ‘best available science’ as the basis for decision making. It is the responsibility of the Department of Interior under the Obama administration to reverse the influence of narrow interest groups, be they environmental or commercial, and insure that NPS follows laws, policy and procedures fairly for the benefit of everyone who enjoys the use of our National Parks.

For the full article click on the link below:

Environmental Petition Spreads Discredited Information | russianrivertimes.

03-11-13 Dr. Goodman’s Response to EAC’s complaint to White House Science Advisor

The Environmental Action Committee of West Marin (EAC), on March 6, 2013, submitted a letter to the White House Science Advisor, Dr. John Holdren (OSTP), objecting to Dr. Goodman’s recently submitted Scientific Misconduct Complaint.

Earlier today, Dr. Goodman submitted a comprehensive rebuttal to the EAC’s letter (submitted to OSTP by NPCA’s Neal Desai).

From the introduction to Dr. Goodman’s letter:

On March 4, 2013, I asked OSTP to establish and oversee a high-level investigation of scientific misconduct involving three federal agencies (NPS, USGS, and MMC), all linked to misconduct by NPS. I wrote that scientific misconduct emanating from NPS threatens to undermine one of the hallmarks of your tenure as OSTP Director: the establishment and implementation of President Obama’s Policy on Scientific Integrity.

My submission has come under attack by the Environmental Action Committee of West Marin (EAC) and others who do not share our view that the scientific method is core to the strength of our nation. Rather, they have an ideology and pre-determined agenda for which the ends justify the means. What we as scientists rely on as facts and data, they see as simply fungible inconveniences. If the real data get in the way, they can be changed as they wish. To them, data are a means to an end.

For NPS and their supporters, this is ideology, not science. Their goal is to get rid of the oyster farm from Drakes Estero by any means necessary. They are oblivious or are unconcerned that their false science also threatens the shellfish industry nationally and internationally, in contrast to a large body of good science showing that shellfish aquaculture is environmentally beneficial. Their agenda is to turn Drakes Estero into ‘wilderness’ – whatever the cost or collateral damage.

From the conclusion of Dr. Goodman’s letter:

This issue before OSTP is not about an oyster farm, and it is not about oysters or harbor seals. It is also, in contrast to what EAC wrote to you, neither about the Secretary’s decision, nor the Federal Court rulings. Rather, it is about whether we as a nation are truly committed to returning science to its rightful place in the federal government.

For the complete text of Dr. Goodman’s letter click the link below.

CSG letter to Holdren 03_11_13

3 Comments

by Jane Gyorgy on March 11, 2013 • Permalink

Posted in Scientists Weigh In

Tagged Administrative Misconduct, California, California Oysters, concealment, Congressional Hearings, conspiracy, controversy, corruption, deceit, deception, Dianne Feinstein, Director’s Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, Hunger Strike, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, Point Reyes, Point Reyes National Seashore, PORE 004, PRAYER VIGIL, PRNS, Racketeer Influenced and Corrupt Organizations Act [of 1970], RICO, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, violation, VOLPE, West Marin; Vigil

Posted by Jane Gyorgy on March 11, 2013

http://oysterzone.wordpress.com/2013/03/11/03-11-13-dr-goodmans-response-to-eacs-complaint-to-white-house-science-advisor/

03-04-13 Scientific Misconduct Submittal to White House OSTP

From: Corey Goodman <corey.goodman@me.com>

Subject: scientific misconduct submittal to OSTP

Date: March 4, 2013 8:05:48 AM PST

To: John Holdren <John_P._Holdren@ostp.eop.gov>

Dear Dr. Holdren,

I write to ask the White House Office of Science and Technology Policy (OSTP) to establish and oversee a high-level investigation of scientific misconduct involving three federal agencies (NPS, USGS, and MMC), all linked to misconduct by NPS.

Over the past seven years, the NPS, under the direction of Jon Jarvis as Regional Director and as Director, has engaged in serial scientific misconduct concerning the oyster farm at Drakes Estero, Point Reyes National Seashore. This issue, first brought to your attention in spring 2009, has lingered too long. It is no longer a local issue in West Marin, California. It involves three federal agencies, two Inspector Generals, and three Scientific Integrity Officers.

The misrepresentation of NPS data influenced a Cabinet member’s decisions, and recently was quoted in a Department of Justice filing in the U.S. Court of Appeals for the Ninth Circuit. Moreover, the false science claiming environmental harm threatens the shellfish industry nationally and internationally, in contrast to a large body of good science showing that shellfish aquaculture is environmentally beneficial.

This misconduct threatens to undermine one of the hallmarks of your tenure as Director of OSTP: the establishment and implementation of the President’s 2009 Policy on Scientific Integrity. It requires your immediate attention.

Why OSTP? There are two separate answers to this question. First, in response to a scientific misconduct complaint concerning the MMC Executive Director, the MMC General Counsel recommended that the complaint should be submitted to OSTP. The Department of Commerce OIG later made the same recommendation after they claimed that their office lacked jurisdiction to investigate MMC misconduct.

Second, as described in the enclosed letter, no other federal agency is empowered, capable, or willing to address scientific misconduct at NPS. In his speech to the National Academy of Sciences on April 27, 2009, President Obama stated “… the days of science taking a back seat to ideology are over.” But that is exactly what has happened. Science has taken a back seat to a pre-determined agenda. You created a Policy, and both Interior and MMC endorsed it, but that Policy has been violated – and has no proper oversight – at both Interior and MMC. Serious allegations of scientific misconduct need to be properly adjudicated.

Please note: some of the supporting documents are too large to send by email, and will instead be sent by TransferBigFiles.

I look forward to discussing these issues with you as soon as possible.

Sincerely yours,

Dr. Corey S. Goodman

Fwd__scientific_misconduct_submittal_to_OSTP

CSG letter to Holdren.03_04_13

CSG to Holdren.appendix 1.03_04_13

CSG to Holdren.appendix 2.03_04_13

CSG to Holdren.appendix 3.03_04_13

CSG to Holdren.appendix 4.03_04_13

1 Comment

by Jane Gyorgy on March 4, 2013 • Permalink

Posted in Scientists Weigh In

Posted by Jane Gyorgy on March 4, 2013

http://oysterzone.wordpress.com/2013/03/04/03-04-13-scientific-misconduct-submittal-to-white-house-ostp/

03-02-13 RRT: DRAKES ESTERO IG REPORT: Either incompetent or omits info damaging to NPS & DOI

03-02-2013 Russian River Times

“…the [Russian River] Times is left with two options to explain the IG’s failure to uncover any of the damning evidence found by the Times. Either (1) the IG investigation is incompetent, and they merely took the NPS responses on their face with no proper investigation, or (2) the final IG report simply omits information that would be damaging to the NPS and the Department of the Interior, and that Interim IG Mary Kendall, as the committee implies, has essentially abandoned her watchdog responsibility.”

“…the IG report will stand as just another in a long line of NPS and DOI investigations of themselves, costing the taxpayers literally millions of dollars, that are nothing more than whitewash and cover-up.”

Permalink to Drake’s Estero IG Report: Investigating the Investigators” href=”https://russianrivertimes.wordpress.com/2013/03/02/drakes-estero-ig-report-investigating-the-investigators/”>Drake’s Estero IG Report: Investigating the Investigators

Posted on https://russianrivertimes.wordpress.com/2013/03/02/drakes-estero-ig-report-investigating-the-investigators/”>March 2, 2013 by https://russianrivertimes.wordpress.com/author/russianrivertimes/”>russianrivertimes

The Interim Director of the Interior Inspector General, Mary Kendall, recently issued a report seemingly exonerating the National Park Service of scientific misconduct during their recently abandoned Environmental Impact Survey (EIS) on Drakes Estero. The original complaint to the IG centered around the NPS’ ‘importation’ of data. NPS used data from a 75 hp. 2 stroke Kawasaki Jet Ski measured in 1995 rather than actually measuring the Drakes Bay Oyster Company’s (DBOC) late model 20 HP 4 stroke outboards, as required by NPS policy. The reports finding of no misconduct, validating NPS and its consultant’s ‘science’, has played a key role in NPS court actions regarding DBOC, who were seeking injunctive relief against the closure of the oyster farm, which was granted on appeal to the Federal 9^th Circuit Court of Appeals on 25 February. The court found that “there are serious legal questions and the balance of hardships tips sharply” in the farm’s favor.

This earlier Russian River Times graphic shows the effect of the use of the imported data vs. measured data, which the IG failed to investigate. It expands the sound footprint to cover virtually all of the seal haul out sites in the entire Estero. The values in this graphic are corroborated by the recordings from the FAA/NPS Volpe microphone, cited in the NPS DEIS, which did not pick up the sounds which would have been produced had the imported data been correct, but did pick up the actual sounds when the DBOC boat passed by in the channel immediately to the left of the microphone, substantiating the data analysis in Dr. Goodman’s complaint. [NOTE: The red circle is the alleged sound effect of the DBOC boat. The tiny green circle in the center is the actual effect.]

The Russian River Times examined this most recent investigation by looking at a key claim of the source of the data, which can be found on page 10 of the IG report. The IG Report states:  “VHB’s acoustics representative and director of Air Quality and Noise Services spoke with us regarding the sound-level data used in the DEIS. He informed us that he possessed more than 40 years of sound and acoustics experience and that he was the project technical advisor for the DEIS and reviewed its soundscape sections for accuracy. He stated that during his research for this project, he personally located the NU 1995 report on the Internet and subsequently selected the watercraft measurements from the NU report to represent Company boats, which was based on information collected by VHB staff members during Company site tours.”

It would seem that, given the claims about the Internet being the source of the data, the IG would have at least done its own confirmatory web search and published the web link for the data. However, there is no such website accessible to a public search, though this does not preclude that the data may have been blocked against public search engines, a tactic the NPS has used in the past in reports on Drake’s Estero. In fact, DBOC itself found the data after requesting the information from both Noise Unlimited and the New Jersey State Police, who no longer had the report. It was eventually provided by the Personal Watercraft Association, who played a key role in NPS activities on boat and jet ski or Personal Water Craft (PWC) noises, dating back to as early as 1994.

One of the key factors in most investigations would be to determine the chain of command in the matter, something on which the IG report is silent. However, the Russian River Times had no problem in locating the appropriate document, the Department of the Interior Department Manual, Chapter 12 , which clearly identifies the NPS Environmental Compliance Division as the source of and focal point for all matters relating to National Environmental Policy Act, and provides guidelines on EIS and Environmental Assessment (EA) actions. This point is significant, as Jake Hoogland, formerly in charge of the NPS Environmental Compliance Division, and now in charge of NPS matters for VHB, was part of the team that visited Drakes Estero, and was therefore aware of all matters relating to NEPA.

It appears from the report that the IG made no attempt to investigate the sources or rational case for selection of the PWC data, as protested by Dr. Goodman (the source of the complaint in the IG report) which would have lead them to the Personal Watercraft Association, whose director was interviewed by the Russian River Times for an earlier column in which the director stated that his organization had worked extensively on sound issues with the NPS and “there is no controversy over the methods used to test for boat sound, which are well known to state and federal regulators,” and went on to state that they are used for law enforcement and follow established sound standards. Once again, the IG report makes no reference to the actual standards of measurement, but unquestioningly accepts the NPS claims at face value.

If the IG had done meaningful investigation, it would then have lead them to the Bluewater v. Kempthorne (now v. Salazar) case, leading back to the original April 2000 NPS rulemaking on PWCs. Equally significant, if the IG had then examined NPS involvement, they would have found that Hoogland, both in his role as chief of NPS ECD and as a representative of VHB, had written extensively on the matters of such lawsuits and their impact on policy, including a presentation to the George Wright Society in 2011, clearly demonstrating NPS and Hoogland’s long involvement with boat sound matters. (Abstract attached at end of article.)

The court action lead the Russian River Times investigation to the 2004 Gulf Islands EA, Personal Watercraft Use Environmental Assessmentreport examined by the Court in Bluewater v. Salazar and, on p253, located the reference to the Noise Unlimited report, but with no web link. (The bibliography also lists numerous data sources for boat and PWC noise including links to the Personal Watercraft Association) However, the Court dealt with the NPS EA document harshly, stating in its 2010 ruling that NPS’ EA was: “conclusory, internally inconsistent and failed to adequately explain the connection between objective facts and the conclusion reached” and the determination of the level of impacts considered in the various options are “profoundly flawed” and that “While the Court will defer to an agency’s exercise of expertise, the `Court will not defer to the agency’s conclusory or unsupported assertions.’

What is particularly interesting is to compare the 2004 Gulf Islands EA with the Drakes Estero EIS. In the Gulf case, NPS argues that the modern advances in PWC sound and pollution justified allowing them to operate in areas of pristine beaches which is also the home to many threatened, endangered and special interest species, (see US Fish and Wildlife comments p230,) whereas in the Drake’s Estero case, NPS argues the exact opposite, make conclusory statements that the low horsepower DBOC boats are causing harm.

More importantly, the Gulf EA clearly shows that NPS knew it had no credible scientific basis for importing the 1995 PWC data (two stroke 75 h.p. at full throttle) and presenting it in the Drakes Estero EA as if it were representative of the current much quieter current DBOC boat data (four stroke at 20 h.p.). The IG utterly failed to address the dramatically misleading effects caused by this exaggeration even after they cited a report where the previous IG found, in an almost identical level of exaggeration, that a Point Reyes National Seashore scientist had deliberately misquoting a USGS report on sediment from oysters in Drakes Estero and importing old data from a Japanese oyster farm and presenting it as if the data had been collected in Drake’s Estero.

The nature of the Court’s conclusions in Bluewater, that it failed “to explain the connection between objective facts and the conclusion reached”, generally mirror the nature of the complaints made by Dr. Goodman to the IG. In light of the recent 21 February 2013 House Resource Committee report ‘Holding Interior Watchdog Accountable’, which claims failure to properly investigate complaints and to fulfill it’s watchdog role, the Times is left with two options to explain the IG’s failure to uncover any of the damning evidence found by the Times. Either (1) the IG investigation is incompetent, and they merely took the NPS responses on their face with no proper investigation, or (2) the final IG report simply omits information that would be damaging to the NPS and the Department of the Interior, and that Interim IG Mary Kendall, as the committee implies, has essentially abandoned her watchdog responsibility.

The recent Public Employees for Environmental Responsibility (PEER) survey, ‘Rising Doubts on Independence of Interior Inspector General’, which indicated that 40% of IG employees do not believe the IG to be fulfilling its investigative role, would indicate the latter. As one respondent to the survey put so clearly, “Wake up and quit trying to ‘get approval’ from DOI [Interior]…we have a job to do.“ Otherwise, the IG report will stand as just another in a long line of NPS and DOI investigations of themselves, costing the taxpayers literally millions of dollars, that are nothing more than whitewash and cover-up.

Footnote: Jeff Hoogland/VHB 2011 George Wright presentation abstract

Potato Chips or Pornography: Defining Impairment for the National Parks

Jacob J. Hoogland, NPS Market Leader, Vanasse Hangen Brustlin, Inc (VHB), Williamsburg, VA

     While the “no impairment” mandate of the National Park Service Organic Act has been in effect since its enactment in 1916, it is only recently that Federal Courts have turned their attention to the interpretation of what that phrase means. Recent cases dealing with both snowmobile operation and personal watercraft use within units of the National Park System have added to the case law on this topic. This paper examines the relationship between the roles of law, policy and science in determining when impairment occurs. The roles of science and regulation in interpretation and applying the standard are compared and evaluated.” (emphasis added)

John Hulls can be reached at:  john.hulls@me.com

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by Jane Gyorgy on March 3, 2013 • Permalink

Posted in Scientists Weigh In

Tagged Administrative Misconduct, California, California Oysters, concealment, Congressional Hearings, conspiracy, controversy, corruption, deceit, deception, Dianne Feinstein, Director’s Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, Hunger Strike, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, Point Reyes, Point Reyes National Seashore, PORE 004, PRAYER VIGIL, PRNS, Racketeer Influenced and Corrupt Organizations Act [of 1970], RICO, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, violation, VOLPE, West Marin; Vigil

Posted by Jane Gyorgy on March 3, 2013

http://oysterzone.wordpress.com/2013/03/03/03-02-13-rrt-drakes-estero-ig-report-either-incompetent-or-omits-info-damaging-to-nps-doi/

01-23-13 Peter Gleick on Sustainable Agriculture, Wilderness & DBOC: The Role of Science in Policy

Sustainable Agriculture, Wilderness and DrakesBay Oysters: The Role of Science in Policy

Posted: 01/23/2013 6:47 pm, by Peter Gleick

In the past couple of years, a debate in Northern California over wilderness protection, sustainable agriculture, and the integrity of science has spiraled into the dirt. The fight is over whether to continue to permit a small privately managed oyster farm, the Drakes Bay Oyster Company, to continue to operate inside what is now the Point Reyes National Seashore in Marin County, California. The oyster operation predates the Park, having been in Drakes Estero for nearly a century, but the Estero is now eligible for wilderness status. Supporters of wilderness believe the oyster farm is an incompatible use and should be closed. Supporters of local sustainable agriculture believe the farm should remain because of its history, benign environmental impacts, and role in the local economy. In late 2012, after an extensive debate marked by disturbing scientific misconduct and abuse, local acrimony among long-time friends, and controversy among federal and state agencies, Interior Secretary Salazar ruled that the farm should be closed, giving the owners a mere 90 days to remove their operations, fire their employees, and abandon the farm.

Parts of Drakes Estero have long been recognized as potential wilderness. At the same time, the oyster farm has long been recognized as a key player in the historic local sustainable agriculture of the region, along with several ranches that remain open and operating. The farm provides as much as 40 percent of the state’s supply of fresh oysters and provides important local jobs. Even the sponsors of the original Point Reyes Wilderness Act wrote to Secretary Salazar supporting retention of the oyster farm as part of the pastoral zone in the Estero.

Wilderness versus local sustainable agricultural? These kinds of debates hinge on choosing among conflicting and subjective societal preferences as well as scientific evidence and analysis — precisely the things that make public discourse, discussion and debate important. But this fight has pitted environmentalist versus environmentalist, and in this fairly liberal community, neighbor versus neighbor.

In truth, the environmental “community” has never had much of a unified, ideological voice. Rather, it consists of millions of people who in one way or another support some forms of environmental protection and regulation, albeit with widely divergent political views and even differences of opinion around specific issues. As far back as the late 1800s and early 1900s there were recognized distinctions between the “conservation” and “preservation” movements, reflected in part in the ideologies of Gifford Pinchot and John Muir. Pinchot, a Republican who served the nation in many positions, including most prominently as head of federal forestry programs under President Theodore Roosevelt, believed in the public protection and ownership of forestry, but also in the economically efficient use of natural resources. Early preservationists such as John Muir believed in saving, and setting aside untouched and protected, the best of the unspoiled lands of the nation for future generations.

Deep down, I’m a preservationist: John Muir’s voice and vision featured prominently in my wedding vows and my world view, and I’m dismayed at the ongoing relentless destruction of our critical planetary ecosystems. But I’m also a pragmatist: I understand and recognize the complexities of modern society and meeting the basic needs of society in a sustainable way. I find myself arguing both sides of many of these issues, when faced with dogmatic, ideological positions.

These internal environmental disputes are legion: there are pro- and anti-nuclear environmentalists; a vigorous debate over the role of genetically modified organisms (GMOs) in agriculture; differences of opinion over the role of natural gas in reducing greenhouse gas emissions that cause climate change; disputes over the advantages and disadvantages of hydropower and dams; and more. These disputes are among the most interesting and challenging in the world of environmental science and policy: they involve values, priorities, culture and economics, but they also involve issues of science.

Too often in the past few years bad science, or indeed a philosophy antithetical to science, has been pushed by special interests and some policymakers. This isn’t new — there is a long history of pseudoscientific or downright anti-scientific thinking and political culture — ironic, given how much founding fathers like Benjamin Franklin valued science. Examples include creationism, moon-landing denialism, claims linking vaccines to autism, denials that tobacco causes cancer, and most recently the denial of the realities of climate change. This anti-science mentality is especially discouraging given how vital America’s scientific and technological strengths are to our economic and political strengths. In the area of climate change, for example, the respectedscientific journal Nature recently called Congressional inactions on climate “fundamentally anti-science” and an example of “willful ignorance,” saying:

It is hard to escape the conclusion that the US Congress has entered the intellectual wilderness, a sad state of affairs in a country that has led the world in many scientific arenas for so long.

Good science should have played a key role in the DrakesBay debacle, and open community discussion should have as well. But we didn’t get good science. Instead, the National Park Service, the Department of the Interior (DoI), and some local environmental supporters (with whom I often have strong common cause) manipulated, misreported and misrepresented science in their desire to support expanded wilderness. In an effort to produce a rationale to close the farm, false arguments were made that the farm damaged or disturbed local seagrasses, water quality, marine mammals and ecosystem diversity. These arguments have, one after another, been shown to be based on bad science and contradicted by evidence hidden or suppressed or ignored by federal agencies. The efforts of local scientists, especially Dr. Corey Goodman, professor emeritus from both Stanford and Berkeley and a member of the U.S. National Academy of Science, were central to revealing the extent of scientific misconduct. Reviews by independent scientists and now confirmed by investigations at the Department of Interior and the U.S. National Academy of Sciences show that arguments of environmental harm from the oyster farm were misleading and wrong. One of those reviews criticized the “willingness to allow subjective beliefs and values to guide scientific conclusions,” the use of “subjective conclusions, vague temporal and geographic references, and questionable mathematic calculations,” and “misconduct [that] arose from incomplete and biased evaluation and from blurring the line between exploration and advocacy through research.” The review by the National Academy of Sciences concluded that the Park Service:

selectively presented, over-interpreted, or misrepresented the available science on the potential impacts of the oyster mariculture operation.

In this case, I believe the decision to close the farm was the wrong one, done for the wrong reason, and it should be overturned. Supporters of the farm are still fighting, and it is possible that there will be a change of heart at either the federal level, or in the courts. But these kinds of disputes will continue throughout the country as we continue to seek to balance conservationist and preservationist ethics and objectives. No matter where this balance falls, however, scientific integrity, logic, reason, and the scientific method are core to the strength of our nation. We may disagree among ourselves about matters of opinion and policy, but we (and our elected representatives) must not misuse, hide or misrepresent science and fact in service of our preferences and ideology.

[Dr. Peter Gleick doesn't eat oysters and he likes wilderness. But he also likes science and sustainable local agriculture.]

Peter H. Gleick

Dr. Peter H. Gleick is co-founder and president of the Pacific Institute in Oakland, California. He is a hydroclimatologist by training, with a B.S. from Yale University and an M.S. and Ph.D. from the University of California, Berkeley from the Energy and Resources Group. His research and writing address the critical connections between water and human health, the hydrological impacts of climate change, sustainable water use, privatization and globalization, and international conflicts over water resources.

Dr. Gleick is an internationally recognized water expert and was named a MacArthur Fellow in October 2003 for his work. In 2001, Gleick was dubbed a “visionary on the environment” by the British Broadcasting Corporation. In 2006 he was elected to the National Academy of Sciences, Washington, D.C. In 2011, he and his Pacific Institute were awarded The U.S. Water Prize.

Gleick serves on the boards of numerous journals and organizations, and is the author of many scientific papers and nine books, including the biennial water report, “The World’s Water,” “Bottled and Sold: The Story Behind Our Obsession with Bottled Water,” published by Island Press (Washington, D.C.), and his latest, “A 21st Century U.S. Water Policy” (Oxford University Press, NY).

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by Jane Gyorgy on January 24, 2013 • Permalink

Posted in Articles & Letters, Scientists Weigh In

Tagged Administrative Misconduct, California, California Oysters, concealment, Congressional Hearings, conspiracy, controversy, corruption, deceit, deception, Dianne Feinstein, Director’s Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, Point Reyes, Point Reyes National Seashore, PORE 004, PRNS, Racketeer Influenced and Corrupt Organizations Act [of 1970], RICO, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, violation, VOLPE, West Marin

Posted by Jane Gyorgy on January 24, 2013

http://oysterzone.wordpress.com/2013/01/24/01-23-13-peter-gleick-on-sustainable-agriculture-wilderness-dboc-the-role-of-science-in-policy/

12-05-2012 Russian River Times: Salazar Brings NO CLOSURE to the COMMUNITY

“Secretary Salazar must have told his staffers to get him in and out of Point Reyes as quickly as possible in his visit, one supposedly meant to decide the fate of the Lunny family’s operation. Contrast that with Prince Charles, who came to see W. Marin’s thriving sustainable agriculture, sat down to a lunch with many of the farmers and ranchers, with Kevin Lunny seated next to him”.

“One person I spoke to commented that this type of dishonest behavior and Salazar’s visit were rapidly becoming the poster child for why people have such a low opinion of government, and if local communities can’t trust that NPS will follow its own policies and previous decisions regarding West Marin, local governance becomes impossible.”

“West Marin Rancher: “…As far as I’m concerned, NPS and its environmental henchmen are nothing more than a bunch of green collar criminals.”

Salazar Brings Closure to the Oyster Farm, but not to the Community.

Posted on December 5, 2012

A walk down the main street in Point Reyes reveals a community shocked and deeply angered over the closure of the historic oyster farm in Drakes Estero. During the seven-year conflict, and despite repeated promises to do so long before now, last week Interior Secretary Ken Salazar finally visited the oyster farm.

Secretary Salazar must have told his staffers to get him in and out of Point Reyes as quickly as possible in his visit, one supposedly meant to decide the fate of the Lunny family’s operation. Contrast that with Prince Charles, who came to see W. Marin’s thriving sustainable agriculture, sat down to a lunch with many of the farmers and ranchers, with Kevin Lunny seated next to him. Prince Charles even went and had a pint with the locals at the Western Saloon. Salazar never walked down Main Street, but if he were to do so today, he would hear a radically different story than he heard during last week’s carefully choreographed visit.

According to surveys conducted by the Marin Independent Journal, about 84-87% of local and area residents consistently favor continuation of the oyster farm. However, during Secretary Salazar’s eleventh-hour visit to West Marin, he allocated only a half an hour to meet with three specific groups: the Drakes Bay Oyster Company, the National Park Service, and “Stakeholders.” Curiously, the “Stakeholder” meeting was invite-only, and largely represented anti-oyster farm environmental groups. (In fact, MALT Founder and environmental icon Phyllis Faber was barred from entering the Stakeholders meeting to discuss the oyster farm. Local political representatives were also not invited. Surely, Secretary Salazar has a curious interpretation as to the Department of the Interior definition of a Stakeholder. There is a suspicion that NPS arranged for Salazar to hear from only the 13-16% of the public represented by the oyster farm opponents, mostly a coalition of environmental groups.

The overwhelmingly pro-oyster figures mirror the substantive public comments vs. cut-and-paste one-click comments received on the Draft Environmental Impact Statement (EIS). When the ‘one-click’ web responses are separated out, as required by the National Environmental Policy Act (NEPA) and the EIS contractor, 90% of the EIS comments favored the oyster farm. Despite the actual data, NPS claims 90% support for evicting the oyster farm, based solely on a ‘click-through’ web survey by the Sierra Club, NPCA and others under a combined contract with Convio. As a company that serves non profit causes, Convio set up a program that allowed its clients (including NPCA and Sierra Club) to send a mass email to their membership lists. That special email imploring readers to click on a link to “Take Action” – that allowed them to immediately submit a copy-and-paste anti-oyster message to the EIS process. Giving such one-click, copy-and-paste submission the same weight as substantive, issue-based comments violates NEPA regulations. It is even more telling given the fact that Jake Hoogland, who visited the oyster farm and headed up the project for VHB, the contractor on the $2 million dollar EIS, had previously headed the NPS program for NEPA compliance and developed the public comment program.

None of the national organizations who commissioned the massive anti-oyster comment program have disclosed the nature of the program, how the lists were compiled or how many of the people had actually visited the oyster farm or if they even knew they were responding to a Draft EIS.

What is clear from NPS records is that the majority of the one click responses came immediately after Neil Desai of NPCA sent out a national bulletin stating that the oyster operation was threatening four endangered species, an assertion disproved by federal and state agencies in their substantive comments to the draft EIS. NPCA, Sierra Club and other groups found a clever way around the EIS rule, which disallowed bulk comments. Because they had access to this specialized Convio software/service, they were able to collect bulk comments this way and be counted as individual comments to the EIS process. In contrast, the Lunnys collected a petition signed by over 7700 people who had actually visited the oyster farm and attempted to submit it to the EIS process. The NPS rejected the oyster farm’s petition from actual physical farm visitors, but allowed the anti-oyster crowd to submit what amounts to a fancy electronic petition of people who may never have even heard of the farm, or who may not have known what an EIS was.

On his visit to the oyster farm, Salazar and Kevin and Nancy Lunny hold a perfectly normal conversation in front of the oyster tumbler. Nancy is holding a sound meter, which was used to measure the levels to compare with the values in the Draft EIS and Final EIS, which were based on ‘imported’ data rather than the actual measurement required by NPS policy. At the NPS reported sound levels, which would have been clearly audible over a mile away, this conversation would have been impossible. (Photo courtesy of Linda Petersen, West Marin Citizen)

The photograph captures the feeling of many in West Marin; that the realities of our community simply don’t exist as far as NPS and Salazar are concerned, and that the Secretary’s visit was just a pro-forma sham before giving in to the NPS and the anti-oyster faction. Salazar never met with the majority of the stakeholders, nor did he discuss the matter with local government. Despite having requested to meet, Marin Supervisor Steve Kinsey would not have had a chance to speak to Salazar if Kevin Lunny had not given up some of the half-hour allocated to the oyster farm visit. This continues the pattern of NPS’ failure to consult with all the stakeholders and government of gateway communities, despite clear requirements in DOI policy. Notwithstanding, Point Reyes National Seashore officials arranged a ‘community’ meeting comprised solely of members of the anti-oyster farm environmental coalition.

For many in West Marin, the question of who is a stakeholder and who represents the community was underscored by Salazar’s meeting at NPS headquarters. The coalition brought in a ‘celebrity’ scientist, Sylvia Earle. Neil Desai, of NPCA, announced that she would be available to the press after her presentation. She was allowed to speak to Salazar at length, but apparently has done no research in the Estero, had not met with the Lunnys, and from her statements was clearly unaware of key facts (such as the Seashore denial of permits to a federal Sea Grant funded program working with the Lunnys on re-establishing native oysters in the estero). However, Phyllis Faber, a well-known local scientist who has conducted substantial research in the area, co-founded Marin Agricultural Land Trust (MALT) and was instrumental in the creation of the California Coastal Commission, was physically barred from the meeting by four park rangers. This most unfortunate NPS behavior was actually recorded in a photograph in the Nov 29^th West Marin Citizen. (It only shows two of the rangers) Faber’s contributions to MALT alone, which has preserved thousands of acres of pastoral land adjacent to the Seashore, should have given her a seat at the table.

And the stakeholder issue gets worse. In the Drakes Estero EIS, NPS claimed significant harm from sound impairment due to the oyster farm. The draft EIS stated that the noise levels from the oyster operation was ruining the wilderness experience for the customers of the commercial kayakers who provide trips in the estero. (One would think these kayakers would certainly be defined as stakeholders.) Not only did the NPS fail to consult the kayak companies to ask about sound impairment on their tours, but NPS actively ignored the contrary information provided directly to them by the kayak companies. The kayak companies wrote a comment letter to NPS regarding the draft EIS stating that the Park (a) had failed to consult the kayakers themselves regarding the claims about kayaker experiences, and (b) was deliberately misrepresenting the fact that the oyster sounds and operations had no impact on their kayaking experience. Not only did NPS fail to ground-truth their accusation, they failed to reexamine their position after being provided with clearly contradictory evidence.

One person I spoke commented that this type of dishonest behavior and Salazar’s visit were rapidly becoming the poster child for why people have such a low opinion of government, and if local communities can’t trust that NPS will follow its own policies and previous decisions regarding West Marin, local governance becomes impossible.

Salazar’s expressed concern over the fate of the oyster workers was greeted with derision by many in the community. As one ranch owner stated, “Salazar claims that he has the power to extend the ranch leases by a decade, yet can’t lift a finger to grant the time to make an orderly transition for Kevin and the oyster workers, throwing them all out right before Christmas, at the worst time of year to find jobs and forcing Kevin to rip out the farm during the winter storms. Bull….. As far as I’m concerned, NPS and its environmental henchmen are nothing more than a bunch of green collar criminals.” Hopefully, Salazar will be forced to reconsider his decision. In that case, he should read his own policies on gateway communities and stakeholders (there’s even a DOI site on how to find them) and come out and meet the same people that Prince Charles visited. We’ll even buy him a beer at the Western.

See also:

https://russianrivertimes.wordpress.com/2011/11/16/the-gang-that-couldnt-map-straight/

https://russianrivertimes.wordpress.com/2012/05/08/national-park-service-vs-sound-scientific-data/

Senator Salazar vs. Secretary Salazar” href=”http://russianrivertimes.wordpress.com/2012/11/22/senator-salazar-vs-secretary-salazar/”>Senator Salazar vs. Secretary Salazar

Unsound Advice: NPS and its Drakes Estero DEIS Consultant” href=”http://russianrivertimes.wordpress.com/2012/05/16/unsound-advice-nps-and-its-draft-environmental-impact-statement-consultantnt/”>Unsound Advice: NPS and its Drakes Estero DEIS Consultant

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by Jane Gyorgy on December 10, 2012 • Permalink

Posted in Articles & Letters, Scientists Weigh In

Tagged Administrative Misconduct, California, California Oysters, concealment, Congressional Hearings, conspiracy, controversy, corruption, deceit, deception, Dianne Feinstein, Director’s Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, Point Reyes, Point Reyes National Seashore, PORE 004, PRNS, Racketeer Influenced and Corrupt Organizations Act [of 1970], RICO, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, violation, VOLPE, West Marin

Posted by Jane Gyorgy on December 10, 2012

http://oysterzone.wordpress.com/2012/12/10/12-05-2012-russian-river-times-salazar-brings-no-closure-to-the-community/

11-09-2012 WITHOUT HAVING READ THE COMPLAINT, Genl Counsel for Marine Mammal Commission quoted in press “…ALLEGATIONS ARE ‘PROBABLY NOT TRUE’”

November 9, 2012

From: Dr. Corey S. Goodman

To: Todd J. Zinser, Inspector General, Department of Commerce

“….In an article in the November 8, 2012 issue of the The West Marin Citizen (a local weekly newspaper in the West Marin community), entitled ”Misconduct charged in Marine Mammal Commission report” and written by Lynn Axelrod, Mike Gosliner, General Counsel, MMC, is quoted from an exchange on November 7 as follows:

He (Gosliner) said ‘…. The allegations are probably not true or have a good alternative explanation.”’….

….Mr. Gosliner quoted from the 1990 Memorandum of Understanding between the MMC and the DOC OIG.

…. I quoted from the March 29, 2011 MMC Scientific Integrity Policy sent by Dr. Ragen to Dr. Holdren, Director, Office of Science and Technology Policy (OSTP), White House, in response to Dr. Holdren’s directive to all federal departments and agencies for such a policy. Dr. Ragen’s 2011 letter to Dr. Holdren stated:

…., Mr. Gosliner should not be involved in this investigation. He admitted that he had little time to read the complaint, but nevertheless told the press that the allegations are “probably not true.” He also said that the complaint concerned scientific misconduct, when the complaint was filed primarily concerning “misconduct” and “deception.” Much of the complaint involves the violation of laws, policies, guidelines, and regulations, and deceptive statements to the public and elected officials, and does not involve science per se (that is largely relegated to the appendix).

In conclusion, I stand by my complaint filed with you on November 7, and remain convinced that neither Executive Director Dr. Ragen, Chair Dr. Boness, or General Counsel Mr. Gosliner should be involved in any way in investigating these allegations.”

For the original letter, click the link below:

CSG to Zinser 11_09_12 response to MMC

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by Jane Gyorgy on November 9, 2012 • Permalink

Posted in Scientists Weigh In

Tagged Acting Assistant Inspector General, Becker Report, Bill Bagley, Boness, California Oysters, Cause of Action Complaint, Cicely Muldoon, concealment, controversy, corruption, David Press, deceit, deception, Department of Commerce, Department of Commerce Office of Inspector General, Dianne Feinstein, Director’s Order #47, DOC OIG, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr Tim Ragen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, General Counsel, Goodman, Gosliner, Inspector General, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Marine Mammal Commission, Mary Kendall, Mike Gosliner, MMC, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, PEER, Point Reyes, Point Reyes National Seashore, PRNS, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, Superintendent Muldoon, Tim Ragen, Todd Zinser, violation, West Marin, Zinser

Posted by Jane Gyorgy on November 9, 2012

http://oysterzone.wordpress.com/2012/11/09/11-09-2012-goodman-to-zinzer-gosliner-genl-counsel-mmc-should-recuse-himself/

11-07-2012 Marine Mammal Commission Report on Drakes Estero Tainted By NPS-MMC Misconduct

Marine Mammal Commission Report on Drakes Estero Tainted By NPS-MMC Misconduct  – NPS Effectively “Investigated Itself” with MMC Assistance — EIS Compromised — Complaint Filed with Commerce Department OIG

“In summary, Dr. Ragen’s conduct was inappropriate and unethical. NPS employees were equally inappropriate, complicit, and active participants throughout a MMC review process that was anything but transparent, inclusive, and independent. Dr. Ragen established a public process with a veneer of fairness, balance, and independence, while his private activities subordinated that independence to the very entity being investigated and reviewed – the National Park Service.”

From: Corey Goodman <corey.goodman@me.com>

Subject: filing of misconduct complaint with DOC OIG

Date: November 7, 2012 10:29:26 AM PST

To: sbrown@oig.doc.gov

Cc: Tim Ragen <tragen@mmc.gov>, rick.beitel@oig.doc.gov

November 7, 2012

From: Dr. Corey S. Goodman

To: Todd J. Zinser, Inspector General, Department of Commerce

Re: Request that DOC OIG investigate allegations that Marine Mammal Commission Exec. Director Dr. Timothy Ragen, in the review and release, and later private reversal of the key conclusion, of his MMC Report on “Mariculture and Harbor Seals in Drakes Estero, California,” violated MMC policies, FOIA, and the MMC Scientific Integrity Policy

Dear Inspector General Zinser,

I request that the Department of Commerce Office of the Inspector General (DOC OIG), initiate an investigation into allegations of misconduct by Dr. Timothy Ragen, Executive Director, Marine Mammal Commission (MMC). The complaint presented below alleges that Dr. Ragen violated MMC policies, rules, and guidelines, the Federal Freedom of Information Act (FOIA), and the MMC Scientific Integrity Policy. This complaint alleges:

Publicly Dr. Ragen claimed to be transparent, inclusive, and to provide equal access, and to be independent, unbiased, and without conflict, but

Privately Dr. Ragen was secretive, exclusive, dependent upon NPS, biased, and conflicted, and gave NPS inappropriate access, and veto power including

Access to documents not provided to other parties,

Ability to critique work of other parties without disclosure or comment, and

Power to not respond to questions and not participate in open discussions.

As a result of Dr. Ragen’s inappropriate actions, the MMC Report was:

Not an independent review of NPS science as claimed by MMC, and

Not a legitimate independent peer review of the draft EIS as claimed by NPS.

Dr. Ragen deceived the public, the press, elected officials, and all parties involved by privately allowing NPS to review itself, while publicly claiming that the MMC Report represented an independent review of the NPS science.

Dr. Ragen espoused the principles of transparency, inclusiveness, and equal access. He wrote of open discussion, open dialogue, and open exchange. Dr. Ragen failed on every one of those principles. He failed the MMC. He failed our community.

Dr. Ragen failed to disclose the inappropriate access relationship granted to NPS. Dr. Ragen was not transparent. Dr. Ragen was exclusive, not inclusive. Dr. Ragen granted special access, not equal access. Dr. Ragen went to great lengths not to disclose his private bias – apparently breaking FOIA regulations by withholding key communications.

Dr. Ragen allowed the NPS to assert that the MMC Report served as an independent peer review of the NPS harbor seal section of the DEIS when it was anything but independent. That assertion allowed NPS to omit the harbor seal section of the DEIS from the Atkins Peer Review Report, thereby eliminating the possibility that Atkins scientists would find fault with that section. By his actions, Dr. Ragen empowered the NPS to secretly review itself, and to deceive the public.

In summary, Dr. Ragen’s conduct was inappropriate and unethical. NPS employees were equally inappropriate, complicit, and active participants throughout a MMC review process that was anything but transparent, inclusive, and independent. Dr. Ragen established a public process with a veneer of fairness, balance, and independence, while his private activities subordinated that independence to the very entity being investigated and reviewed – the National Park Service.

Five specific allegations are presented here concerning Dr. Ragen’s misconduct and deception involving his oversight of the MMC Report on “Mariculture and Harbor Seals in Drakes Estero, California” on November 22, 2011, and his private (concealed) reversal of the key conclusion from his MMC Report in a letter on June 17, 2012. It is alleged that:

1)    Dr. Ragen Violated MMC Policies Established for Scientific Review

a.     Did Not Treat All Parties Equally But Had Biased Interactions with NPS

b.    Did Not Conduct an Independent Review of NPS Data and Analysis

2)    Dr. Ragen Changed MMC Terms of Reference Without Disclosure or Discussion

a.     Changed Scope, Title, and Purpose of MMC Report

b.    Accepted Lack of Disclosure of Key Data and Paper by NPS

3)    Dr. Ragen Violated the Federal Freedom of Information Act (FOIA)

a.     Failed to Disclose and Release Key Communications

b.    Failed to Provide Basis for Failing to Disclose & Release Key Communications

4)    Dr. Ragen Violated MMC Scientific Integrity Policy

a.     Did Not Follow Open Discussion, Open Dialogue, Open Exchange

b.    Undermined and Avoided Meetings to Discuss Data and Analysis

5)    Dr. Ragen Failed to Properly Disclose Reversal of Key Conclusion of MMC Report

a.     Reversed MMC Support of Key NPS Paper In a ‘Private’ Letter

b.    Concealed Reversal While Claiming Key MMC Conclusion Was Unchanged

According to the MMC Scientific Integrity Policy filed on March 29, 2011 with Dr. John Holdren [Director, Office of Science and Technology Policy (OSTP), White House], the MMC has a cooperative agreement with the DOC OIG regarding investigations of the MMC. According to that 2011 policy, the DOC OIG agreed to conduct independent investigations of the Executive Director when appropriate given the circumstances. The serious allegations of misconduct and deception set forth in this complaint against the MMC Executive Director mandate that the DOC OIG undertake this investigation.

The above-cited MMC Report is being relied upon by NPS to help justify a pending Department of the Interior policy decision. The NPS has announced that in its final Environmental Impact Statement (EIS) for the oyster farm lease renewal at Drakes Estero, it plans to consider Dr. Ragen’s MMC Report as an independent review of NPS science, and as a ‘peer review’ of the EIS section on harbor seal impacts.

As an elected member of the National Academy of Sciences (NAS), I listened the morning of April 27, 2009, as President Obama spoke to my fellow NAS members at our annual meeting. It was an historic speech – the first President to address the NAS since President John Kennedy. President Obama sent a powerful message about the integrity of science. The President spoke movingly of “restoring science to its rightful place” and the need “to be sure that facts are driving scientific decisions.” Toward that end, he established scientific integrity policies under the jurisdiction of the White House OSTP.

The 2011 MMC Scientific Integrity Policy states that MMC policies are intended to “ensure a culture of scientific integrity” and provide “independent expert analysis of scientific, policy, and regulatory issues consistent with the provisions of the Marine Mammal Protection Act.”

Dr. Ragen abandoned the MMC policy filed with the White House at the very time he should have been guided by it. The Scientific Integrity Policy’s directive of “honest investigation, open discussion, refined understanding, and a firm commitment to evidence” was not followed, nor did Dr. Ragen adhere to the directive that “the Commission actively seeks input from and open dialogue among all parties engaged in all issues …”

Dr. Ragen was disingenuous to a U.S. Senator, the Marin County Board of Supervisors, independent scientists who became involved at the request of the County Supervisors, a community torn apart by NPS misconduct at Point Reyes, the press seeking the truth, the oyster farmer, and the farm’s 30 workers whose livelihoods rest in the balance.

This case, with all of its details, boils down to the following three questions:

1.    Did Dr. Ragen ignore his principles of transparency, inclusiveness, equal access, fairness, and independence, and sacrifice the impartiality of his MMC Report?

2.    Did Dr. Ragen allow NPS to review NPS – effectively allowing a self-review – while publicly claiming the MMC Report was independent and without bias?

3.    Did Dr. Ragen deceive the public in his MMC Report and his communications?

I end with a note concerning my affiliation. I have many professional affiliations as scientist, professor, educator, entrepreneur, executive, and venture capitalist. Those professional affiliations have shaped my life and provide the scientific experience and wisdom – as well as the scientific credentials and reputation (e.g., elected member of the National Academy of Sciences, professor at UCSF) – that I bring to this issue.

In coming forward with this complaint, I do so as independent citizen scientist, and I do so on behalf of truth, scientific integrity, and my commitment to public service at the interface of science and policy. That commitment is reflected by my service to the National Research Council (I chaired the NRC Board on Life Sciences for six years) and the California Council on Science and Technology (I serve as an elected member).

It is now clear that there were two faces to Dr. Ragen, one public and the other private. Dr. Ragen deceived the public to believe he was independent, and in so doing, violated his own MMC policies and misled elected officials in an ongoing public policy decision. There are profound implications in the misconduct described here, not just for the MMC and NPS, but for all Federal agencies that rely upon impartial and scholarly science for policy decisions. I pledge my full cooperation with your investigation.

Sincerely yours,

Corey S. Goodman, Ph.D.

corey.goodman@me.com

415 663-9495

PO Box 803, Marshall, CA 94940

For the supporting Documents Click on the links below:

CSG to Zinser 11_07_12 complaint

CSG to Zinser 11_07_12 appendix

CSG to Muldoon 11_07_12 cover letter

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by Jane Gyorgy on November 7, 2012 • Permalink

Posted in Scientists Weigh In

Tagged Acting Assistant Inspector General, Becker Report, Bill Bagley, California Oysters, Cause of Action Complaint, Cicely Muldoon, concealment, controversy, corruption, David Press, deceit, deception, Department of Commerce Office of Inspector General, Dianne Feinstein, Director’s Order #47, DOC OIG, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr Tim Ragen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Marine Mammal Commission, Mary Kendall, MMC, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, PEER, Point Reyes, Point Reyes National Seashore, PRNS, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, Superintendent Muldoon, Tim Ragen, violation, West Marin

Posted by Jane Gyorgy on November 7, 2012

http://oysterzone.wordpress.com/2012/11/07/11-07-2012-marine-mammal-commission-report-on-drakes-estero-tainted-by-nps-mmc-misconduct/

10-04-2012 Professor Laura Watt, Legislative and Administrative History Does Not Support NPS & Others Who Contend Oyster Farm to Close in 2012

10-04-2012: West Marin Citizen, Citizen’s Forum by Dr. Laura Watt: “ The nature of wilderness – past intentions for oyster farm’s future”

In my own research, reading through everything I’ve been able to find about the designation of wilderness at Point Reyes – the planning documents, comment letters from environmental organizations and members of the public, and testimony from Congressional hearings, as well as the formal bills and reports, and subsequent management plans – I have not come across any statements anticipating closure of the oyster farm in 2012.

In contrast, quite a number of statements suggest the opposite: that the oyster farm was intended to continue under potential wilderness designation, with no clear end point or expiration date. For instance, in the 1974 Final EIS for Proposed Wilderness (page 56), the NPS wrote, “This is the only oyster farm in the seashore. Control of the lease from the California Department of Fish and Game, with presumed renewal indefinitely, is within the rights reserved by the State on these submerged lands … and there is no foreseeable termination of this condition.”

By Laura Watt

Professor Laura Watt, Legislative and Administrative History Does Not Support NPS and Others Who Contend Oyster Farm to Close in 2012

In her letter to the editor last week, Amy Meyer described her role on the Citizens Advisory Commission (CAC) back in 1975, making recommendations for the designation of lands within Point Reyes National Seashore as wilderness. She asserted that, by including Drakes Estero in the “potential wilderness” category, it was always the intention of Congress and the public that the oyster farm cease operation in 2012, once its reservation of use expired. She described this as a “promise,” the breaking of which could threaten the entire national wilderness preservation system.

What she did not include is any documentation of this promise. As an academic historian, I am always interested in finding more documents – so if any exist that confirm these assertions, I would love to see them!

In my own research, reading through everything I’ve been able to find about the designation of wilderness at Point Reyes – the planning documents, comment letters from environmental organizations and members of the public, and testimony from Congressional hearings, as well as the formal bills and reports, and subsequent management plans – I have not come across any statements anticipating closure of the oyster farm in 2012.

In contrast, quite a number of statements suggest the opposite: that the oyster farm was intended to continue under potential wilderness designation, with no clear end point or expiration date. For instance, in the 1974 Final EIS for Proposed Wilderness (page 56), the NPS wrote, “This is the only oyster farm in the seashore. Control of the lease from the California Department of Fish and Game, with presumed renewal indefinitely, is within the rights reserved by the State on these submerged lands … and there is no foreseeable termination of this condition.”

In response, the Sierra Club wrote a letter of comment, including (page A-51): “The draft Environmental Impact Statement implies that none of the Drakes Estero can be classified as wilderness because of Johnson Oyster Farm. This is misleading. The company’s buildings and the access road must be excluded but the estero need not be. The water area can be put under the Wilderness Act even while the oyster culture is continued — it will be a prior existing, nonconforming use.” No suggestion of eventual termination was included.

Ms. Meyer’s own CAC subcommittee suggested the following at their meeting on August 5, 1975: “Specific provision should be made in the legislation to allow the following uses to continue unrestrained by wilderness designation: a. Operation of that portion of the Murphy ranch that falls within the proposed wilderness … b. Operation of Johnson’s Oyster Farm including the use of motorboats and the repair and construction of oyster racks and other activities in conformance with the terms of the existing 1,000 acre lease from the State of California.” (They also recommended, “the preamble of the wilderness legislation should clearly state the atypical nature of wilderness at Point Reyes.”)

These recommendations were expressly endorsed in Congressional testimony by legislative co-sponsors Senator Cranston, Senator Tunney and Representative John Burton. In addition, letters from the Environmental Action Committee of West Marin, the Marin Environmental Forum, the Inverness Association, and from Jerry Friedman as Chair of the Marin County Planning Commission all specifically endorse the recommendations of the CAC. Nowhere in the 1976 hearings does anyone make a specific objection to the oyster farm, nor give any indication that they expected wilderness designation would be hindered by its continued presence, nor discuss an end to its operation in the future.

Since passage of the wilderness bill, the 1980 General Management Plan for PRNS included management objectives, under Natural Resources Management, “to manage seashore activities in the pastoral and estuarine areas in a manner compatible with resource carrying capacity,” and specifies “To monitor and improve mariculture operations, in particular the oyster farm operation in Drakes Estero, in cooperation with the California Department of Fish and Game”; and under Cultural Resources Management, “to monitor and support productive land uses and activities which are consistent with historic patterns,” and specifies “to ensure that agricultural and maricultural activities are consistent with the historical evolution of land and water use in Point Reyes.” In the Assessment of the Alternatives, the summary table of development proposals lists Johnson’s Oyster Farm as both the existing and proposed uses at that location; in other words, the EIS did not consider the possibility of the oyster farm shutting down.

These historic documents, plus the renewal clause in DBOC’s lease, suggest that closure of the oyster farm was not widely anticipated as a result of potential wilderness designation. My research findings on this issue are similar to those of John Hart, whose book, An Island in Time: 50 Years of Point Reyes National Seashore, has just been published. Again, if anyone has additional documents to share, I would very much like to read them.

Laura Watt is an associate professor of environmental studies and planning at Sonoma State University, specializing in environmental policy.

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by Jane Gyorgy on October 4, 2012 • Permalink

Posted in Articles & Letters, Scientists Weigh In

Tagged California Oysters, concealment, Congressional Hearings, controversy, corruption, deceit, deception, Dianne Feinstein, Director’s Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, Point Reyes, Point Reyes National Seashore, PORE 004, PRNS, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, violation, VOLPE, West Marin

Posted by Jane Gyorgy on October 4, 2012

http://oysterzone.wordpress.com/2012/10/04/10-04-2012-professor-laura-watt-legislative-and-administrative-history-does-not-support-nps-others-who-contend-oyster-farm-to-close-in-2012/

08-07-12 Information Quality Complaint to National Park Service | Cause of Action

Information Quality Complaint to National Park Service | Cause of Action.

On August 7, 2012, a Data Quality Act Complaint was filed with the National Park Service by Dr. Corey Goodman and Kevin and Nancy Lunny, owners, Drakes Bay Oyster Company to make corrections as required by law and policy in the NPS Draft Environmental Impact Statement (DEIS) and the Atkins Final Peer Review (March 2012).

NPS must acknowledge the report within 10 days and by statute, respond within 60 days.

Summary of Complaint

To comply with applicable minimum information-quality standards, all scientific information that NPS disseminates in publications such as the DEIS and Atkins Peer Review Report must be, among other things, accurate and timely; based on the best available science and supporting studies and the most current information available; highly transparent; supported by reliable data, including on-site data when required by law; consistent with sound and accepted scientific practices and policies; evidence-based; reproducible by qualified third parties; and objective and unbiased in terms of both presentation and substance.

NPS can only claim that Alternative A is the “environmentally preferred alternative” because it flagrantly and repeatedly failed to comply with these minimum information-quality standards. Conclusions in the DEIS that DBOC causes “major” long-term adverse impacts on Drakes Estero’s “soundscape” and “wilderness” are based on inaccurate, nontransparent, false, and misleading data and analysis that violates NPS’s information-quality guidelines, as are claims that DBOC causes “moderate” long-term adverse impacts on Drakes Estero’s “harbor seals,” “birds and bird habitat,” and “visitor and recreation experience.”   If the DEIS is corrected to meet basic minimum information-quality standards, it becomes clear that DBOC’s operations do not have long-term adverse impacts on Drakes Estero’s environment.

Click on the link above or copy and paste this link into your web browser http://causeofaction.org/2012/08/08/information-quality-complaint-to-national-park-service/.

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by Jane Gyorgy on August 9, 2012 • Permalink

Posted in Articles & Letters, Reports & Investigations, Scientists Weigh In

Tagged alphabet ranches, ATKINS, Atkins Final Peer Review, Becker Report, California Oysters, Cause of Action, Cicely Muldoon, Congressional Hearings, controversy, corruption, Data Quality Act Complaint, David Press, Dianne Feinstein, Don Neubacher, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, EAC, Estero, Feinstein, Goodman, investigate, Jon Jarvis, Lunny, Lunnys, Marin County, National Park Service, NPS, NPS DEIS, oyster, oyster farm, oyster farming, oysters, peer review, Point Reyes, Point Reyes National Seashore, PRNS, Senator Feinstein, Steve Kinsey, West Marin

Posted by Jane Gyorgy on August 9, 2012

http://oysterzone.wordpress.com/2012/08/09/08-07-12-information-quality-complaint-to-national-park-service-cause-of-action/

07-26-12 russianrivertimes | Open letter to new NAS panel

russianrivertimes | Just another WordPress.com site.

“We cannot overemphasize how damaging NPS behavior has been to the local public’s perception of federal science and policy, not only regarding the oyster farm, but a host of other issues. NPS and its consultants are asking us to believe that a 300-fold error in sound footprint, as shown in the previous graphic, makes no difference to the conclusions of the EIS. This is clearly stated in a May 7, 2012 letter from peer review consultant ATKINS to Dr. Ralph Morgenweck. DOI Scientific Integrity Officer.   Essentially, having been caught with their hand in the data jar, the NPS consultant abdicates responsibility by saying that the EIS is fine, no one is wrong, it’s too complicated and that tired, over-used scientific excuse, ‘further research is required’. It never addresses the huge errors caused by the bogus NPS data nor its origin. The citizens of West Marin and the general public know when they are being lied to by NPS and its consultants. We look to your panel to protect us from this kind of scientific dishonesty and abuse of policy.”

For the full article, please click on the link above.

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by Jane Gyorgy on July 26, 2012 • Permalink

Posted in Articles & Letters, Scientists Weigh In

Tagged Amy Trainer, Becker Report, California Oysters, Cicely Muldoon, Congressional Hearings, controversy, corruption, David Press, Dianne Feinstein, DOI, Don Neubacher, Dr. Corey Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Estero, Feinstein, investigate, Jon Jarvis, Lunny, Marin County Board Of Supervisors, National Park Service, NPS, oyster, oyster farm, oyster farming, oysters, PEER, Point Reyes, Point Reyes National Seashore, PRNS, Senator Feinstein, Steve Kinsey, West Marin

Posted by Jane Gyorgy on July 26, 2012

http://oysterzone.wordpress.com/2012/07/26/07-26-12-russianrivertimes-open-letter-to-new-nas-panel/

06-07-2012 Dr. Goodman on Photographic Evidence of Sound Deception in dEIS

“Th[e] photo—recently obtained from government sources outside the National Park Service (NPS)—provides key evidence that the NPS deceived the public and concealed key data in their Draft Environmental Impact Statement (DEIS) on DBOC. ”

Every picture tells a story

Opinion

by Dr. Corey Goodman

A government photograph taken during the course of a 2010 Federal Aviation Administration (FAA) acoustic study at Point Reyes shows an unobstructed view from an FAA microphone along theshore ofDrakes Esteroto a Drakes Bay Oyster Company (DBOC) oyster boat. Th[e] photo—recently obtained from government sources outside the National Park Service (NPS)—provides key evidence that the NPS deceived the public and concealed key data in their Draft Environmental Impact Statement (DEIS) on DBOC. Understanding the important of this photo—and how it contradicts the DEIS—requires some context.

Since 2007, NPS officials have repeatedly told the community that oyster boats were disturbing harbor seals in Drakes Estero. Yet the claim fell by the wayside after the discovery of secret NPS cameras in 2010; the 281,000 photos and detailed logs showed no disturbances. From 2007 to 2010, NPS failed to reveal a large body of data that contradicted their public claims.

In 2011, a new claim of impact emerged in the DEIS: Noise from oyster boats and equipment disturbs seals and other wildlife. The NPS did not make noise an issue in the 2007 Drakes Estero Report, the 2009 National Academy of Sciences Report, the 2011 Frost Report, or the 2011 Marine Mammal Commission Report. Suddenly in September 2011, noise was not just an issue—it became the major source of disturbance, and drove the only two “major” impacts listed in the DEIS.

These noise measurements, however, did not come from Drakes Estero, as required by NPS rules and regulations, but rather came from a 1995 study on jet skis and other loud, fast boats off theNew Jerseyshore, and from a federal guide to noisy highway construction equipment.

Not only were the numbers used for the boats and equipment much too high, but the numbers used to represent ambient (background) noise levels were much too low, exaggerating the spread between them—and the distance required for the sound to dissipate—by miles. The NPS used a standard, the “lowest daily ambient level,” which was not found in the FAA study cited in the DEIS and which NPS did not use in other environmental impact reports.

Here are three tests you can do. First, do a Google search with the correct ambient noise standard (called “Leq”) and you will get over 800,000 hits. Now do the same search with “lowest daily ambient level” and (except for my critique of the DEIS) you will get no hits. This standard doesn’t exist. The NPS made it up.

Now conduct the second test. Go out to the oyster farm and ask them to turn on the “oyster tumbler.” It has a one-quarter horse power, 12-volt electric motor. The DEIS says that the oyster tumbler generates 79 decibels of noise at 50 feet, and can be heard for 2.4 miles. If you happen to have a sound meter, measure it for yourself. If you don’t, ask Ginny or Brigid Lunny at the farm if you may borrow their Radio Shack meter, and measure it yourself (you can see the photo of such a recording in John Hulls’s May 16 article in the Russian River Times).

Here is a third test. Start walking away from the oyster tumbler. You won’t need hiking boots. You won’t make it back to your car before you won’t be able to hear the oyster tumbler. Will you get 2.4 miles? Hardly. More like 100 feet.

How did the NPS get it so wrong? Was this intentional? What if we learned—as we did with the photos in the summer of 2010—that NPS had data showing that they were wrong, but concealed those data?

In July 2009, the NPS had FAA scientists place a microphone on theshoreofDrakes Estero, right next to the secret cameras. If the claims in the DEIS are correct, then the microphone should have easily picked up the noise from the oyster boats at the west end of the lateral channel.

Analysis of these audio recordings, however, reveals that the microphone did not record the oyster boats at the west end of the lateral channel. The NPS failed to disclose these data in the DEIS.

How did the NPS explain the microphone in the DEIS? In two sentences, the NPS dismissed the microphone, saying the bluff along the shore obstructed the sound path from boat to microphone.

That is why this government photograph is so important. It shows an unobstructed view—and sound path—from the microphone to an oyster boat. The NPS didn’t tell the truth in the DEIS.

The NPS knew the microphone was appropriately placed to record the oyster boats, but the boats could not be heard above the natural sounds of wind, waves, birds and bees—and kayakers and hikers. The data were clear, but the NPS concealed those data from us. No standards were violated. No harm occurred. No visitor experience was impaired.

So was the deception intentional? It sure looks that way.

The photograph can be viewed along with the column at ptreyeslight.com.

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by Jane Gyorgy on June 8, 2012 • Permalink

Posted in Scientists Weigh In

Tagged alphabet ranches, Amy Trainer, ATKINS, Becker Report, California Oysters, Cicely Muldoon, concealment, Congressional Hearings, Conrad L Wirth, controversy, corruption, David Press, deceit, deception, Dianne Feinstein, Director’s Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, PEER, pneumatic drill, Point Reyes, Point Reyes National Seashore, PORE 004, PRNS, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, Stewart L Udall, violation, VOLPE, West Marin

Posted by Jane Gyorgy on June 8, 2012

http://oysterzone.wordpress.com/2012/06/08/2007/

04-24-2012 Dr. Goodman to Kendall, Machlis, Morgenweck

World renowned scientist Dr. Corey S. Goodman sent this letter (click link for full text)

CSG to Kendall, Machlis, Morgenweck.04_24_12

to DOI Acting IG Kendall, DOI Science Integrity Officer Morgenweck, and NPS Science Integrity Officer Machlis on 04-24-12. The six part Power Point Presentation accompanying those communications can be found under the heading Scientists Weigh In, titled 04-24-12 NPS DEIS Soundscape Deception or click this link: http://wp.me/p1WvJh-mN

The world renowned scientist is asking the Department of the Interior to assure the public that:

NPS will publicly withdraw their DEIS on Drakes Estero

ATKINS will publicly withdraw their peer-review report; and

Interior and NPS will cancel the Vanasse Hangen Brustlin contract.

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by Jane Gyorgy on April 25, 2012 • Permalink

Posted in Scientists Weigh In

Tagged alphabet ranches, Amy Trainer, ATKINS, Becker Report, California Oysters, Cicely Muldoon, concealment, Congressional Hearings, controversy, corruption, David Press, deceit, deception, Dianne Feinstein, Director’s Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, PEER, pneumatic drill, Point Reyes, Point Reyes National Seashore, PORE 004, PRNS, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, violation, VOLPE, West Marin

Posted by Jane Gyorgy on April 25, 2012

http://oysterzone.wordpress.com/2012/04/25/04-24-2012-dr-goodman-to-kendall-machlis-morgenweck/

04-24-12 NPS DEIS Soundscape Deception

Below you will find all the power point presentations that accompanied Dr. Corey S. Goodman’s letter to DOI Acting IG Kendall, DOI Science Integrity Officer Morgenweck, and NPS Science Integrity Officer Machlis.

The world renowned scientist is asking the Department of the Interior to assure the public that:

NPS will publicly withdraw their DEIS on Drakes Estero

ATKINS will publicly withdraw their peer-review report; and

Interior and NPS will cancel the Vanasse Hangen Brustlin contract.

NPS DEIS soundscape deception EPILOGUE

NPS DEIS soundscape deception executive summary

NPS DEIS soundscape deception overview

NPS DEIS soundscape deception.part 1

NPS DEIS soundscape deception.part 2

NPS DEIS soundscape deception.part 3

NPS DEIS soundscape deception.part 4

NPS DEIS soundscape deception.part 5

NPS DEIS soundscape deception.part 6

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by Jane Gyorgy on April 24, 2012 • Permalink

Posted in Scientists Weigh In

Tagged alphabet ranches, Amy Trainer, ATKINS, Becker Report, California Oysters, Cicely Muldoon, concealment, Congressional Hearings, controversy, corruption, David Press, deceit, deception, Dianne Feinstein, Director’s Order #47, DOI, DOI IG, DOI Inspector General, DOI OIG, DOI Policy, DOI SIO, Don Neubacher, Dr. Ben Becker, Dr. Corey Goodman, Dr. Goodman, Dr. Sarah Allen, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Drakes Estero, EAC, ENVIRON, Environmental Action Committee, environmental impact, Estero, falsification, Feinstein, Fight, fraud, Goodman, investigate, Jon Jarvis, Lunny, Lunnys, Machlis, major impact, Marin County, Marin County Board Of Supervisors, Mary Kendall, moderate impact, Moregenweck, National Park Service, noise, NPS, NPS DEIS, NPS Management policy, NPS SIO, OIG, oyster, oyster boat, oyster boats, oyster farm, oyster farming, oyster tumbler, oysters, PEER, pneumatic drill, Point Reyes, Point Reyes National Seashore, PORE 004, PRNS, Scientific and Scholarly Conduct, Scientific Integrity Officer, Secretary of the Interior Ken Salazar, Senator Feinstein, SOI, soundscape, Steve Kinsey, violation, VOLPE, West Marin

Posted by Jane Gyorgy on April 24, 2012

http://oysterzone.wordpress.com/2012/04/24/04-24-12-nps-deis-soundscape-deception/

12-09-2011 Environ Report on dEIS

Actual study of Drakes Bay Oyster Company Boats and equipment reveals the deception in the dEIS of the NPS.

“ENVIRON International Corporation (ENVIRON) has reviewed the Draft Environmental Impact Statement (DEIS) Drakes Bay Oyster Company Special Use Permit (ID: 43390), and appreciates this opportunity to report our technical comments to the National Park Service (NPS) in print form. ENVIRON regularly participates in NEPA processes such as this, and respects the effort put forth by the NPS in order to develop this draft document. The purpose of these comments is to assist the NPS in developing a more scientifically accurate and complete final document that is consistent with NEPA and NPS policy.

In general, the structure of the DEIS is unusual in that there is no alternative that represents the proposed action. Neither is there an alternative that represents a continuation of current conditions. In the current structure of the DEIS, the public is left to glean unknown conditions without the Drakes Bay Oyster Company (DBOC) as the no action scenario. Consequently, the impacts resulting from conditions under alternatives that depart from this unknown status (Alternative A) are even more difficult to understand. No explanation is provided for this deviation from standard NEPA protocol, and ENVIRON questions the efficacy of this approach. Setting aside the DEIS structure, comments have been developed in several topic areas.
ENVIRON found consistent omissions and mistakes that err in a way that exaggerates potential negative impacts and understates potential positive impacts benefits. NEPA protocol requires the author to apply a net impact analysis – an assessment of both positive and negative impacts. Without this net approach, results could point toward a ‘least negative’ alternative which might in fact be worse for the environment than another option that had more negatives, but more positives that potentially balance out or mitigate for the negative impacts.”

For the full text of the report click the link below:

ENVIRON 2011

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by Jane Gyorgy on March 27, 2012 • Permalink

Posted in Reports & Investigations, Scientists Weigh In

Tagged California Oysters, Christopher Clark, controversy, Department of Interior, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Dr. Christopher Clark, Dr. Corey Goodman, Dr. Goodman, Dr. Grosholz, Dr. Ted Grolsholz, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Estero, eenews, ENVIRON, Goodman, Greenwire, Grosholz, investigate, Ken Salazar, Lunny, Lunnys, Marin County, National Park Service, noise data, NPS, oyster, oyster farm, oyster farming, oysters, PEER, peer review, Point Reyes, Point Reyes National Seashore, PRNS, Secretary of the Interior, Senator Feinstein, Ted Grosholz, West Marin, Wilderness

Posted by Jane Gyorgy on March 27, 2012

http://oysterzone.wordpress.com/2012/03/27/12-09-2011-environ-report-on-deis/

03-01-2012 Atkins Review

The DOI paid for a review of the dEIS by Atkins.

The DOI requested an independent peer review of the DEIS (Chapters 3 and 4) to examine the scientific and technical information and scholarly analysis presented in the document

The peer review was limited to the scientific information used in the DEIS.

Atkins was directed to select at least four well-qualified, independent reviewers.

Marine Estuarine Ecology and Coastal Zone Management: Dr. Ted Grosholz, University of California – Davis, and Dr. Dianna Padilla, Stony Brook University (1)

Water Quality: Dr. Charlie Wisdom, Parametrix (2)

Soundscapes: Dr. Christopher Clark, Cornell University (3)

Socioeconomics: Dr. James Wilen, University of California – Davis (4)

(1) The reviewers (Grosholz & Padilla) noted several exceptions where conclusions were not reasonable and/or scientifically sound, or other conclusions may be drawn. … The reviewers also point out several instances where statements are made or alluded to without sufficient supporting information…. the DEIS assumes that the expansion of aquaculture activity will increase loss of eelgrass in linear fashion, but there are no data supporting that assumption…. the relative impact of the two oyster culture methods (off-bottom racks versus on-bottom bags) was not consistently applied when assessing the impacts of the alternatives, affecting the DEIS conclusions.

(2) He (Dr. Charlie Wisdom) noted that alternate conclusions (direct adverse effect versus no direct adverse effect) could have been drawn with regard to the potential impacts of leachates from CCA-treated lumber on juvenile coho salmon. The flushing rate of Drakes Estero is likely to be high enough to dilute concentrations below fish thresholds

(3) On March 21, Dr. Christopher Clark, of Cornell of Cornell University, was informed of the falsified data and retracted his support of the dEIS data stating he “does not believe that these activities have a biologically significant impact on wildlife…”

(4) Dr. Wilen found that the DEIS derives qualitative impact assessments with minimal comparative data and undefined criteria, leading to conclusions that are ―vague at best, and misleading at worst‖ (Appendix B).

For the full text of the Atkins review, click the link below

Final_DEIS_Drakes_Bay_SUP_Peer_Review_Report_030112

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by Jane Gyorgy on March 27, 2012 • Permalink

Posted in Reports & Investigations, Scientists Weigh In

Tagged California Oysters, Christopher Clark, controversy, Department of Interior, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Dr. Christopher Clark, Dr. Corey Goodman, Dr. Goodman, Dr. Grosholz, Dr. Ted Grolsholz, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Estero, eenews, ENVIRON, Goodman, Greenwire, Grosholz, investigate, Ken Salazar, Lunny, Lunnys, Marin County, National Park Service, noise data, NPS, oyster, oyster farm, oyster farming, oysters, PEER, peer review, Point Reyes, Point Reyes National Seashore, PRNS, Secretary of the Interior, Senator Feinstein, Ted Grosholz, West Marin, Wilderness

Posted by Jane Gyorgy on March 27, 2012

http://oysterzone.wordpress.com/2012/03/27/03-01-2012-atkins-review/

03-26-12 Dr. Goodman letter to Secy of Int. Salazar Falsified Data in dEIS and Peer Review

In his letter to Secretary of the Interior, Ken Salazar, Dr. Corey Goodman makes the following requests:

(1) REQUEST FOR THE DEPARTMENT OF THE INTERIOR TO INVESTIGATE
SCIENTIFIC MISCONDUCT BY EMPLOYEES OF THE NATIONAL PARK SERVICE
(NPS) AND VANASSE HANGEN BRUSTLIN (VHB, EIS CONTRACTOR)

(2) REQUEST FOR THE DEPARTMENT OF THE INTERIOR TO DIRECT ATKINS
(PEER REVIEW CONTRACTOR) TO WITHDRAW THEIR REPORT ON THE DEIS

(3) REQUEST FOR THE DEPARTMENT OF THE INTERIOR TO DIRECT NPS TO
WITHDRAW THE DEIS AND CANCEL THE VHB CONTRACT

Click here for full text:

CSG to Salazar.03_26_12

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by Jane Gyorgy on March 27, 2012 • Permalink

Posted in Articles & Letters, Scientists Weigh In

Tagged California Oysters, Christopher Clark, controversy, Department of Interior, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Dr. Christopher Clark, Dr. Corey Goodman, Dr. Goodman, Dr. Grosholz, Dr. Ted Grolsholz, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Estero, eenews, ENVIRON, Goodman, Greenwire, Grosholz, investigate, Ken Salazar, Lunny, Lunnys, Marin County, National Park Service, noise data, NPS, oyster, oyster farm, oyster farming, oysters, PEER, peer review, Point Reyes, Point Reyes National Seashore, PRNS, Secretary of the Interior, Senator Feinstein, Ted Grosholz, West Marin, Wilderness

Posted by Jane Gyorgy on March 27, 2012

http://oysterzone.wordpress.com/2012/03/27/03-26-12-re-falsified-data-in-deis-and-peer-review/

03-26-12 Summary of NPS Deception & Falsification of Scientific Data

Dr. Corey Goodman, Elected Member of the National Academy of Sciences spells out a “repeated pattern of deception” where “millions of dollars of taxpayer money are being spent to deceive the public”.

Please click the link below to read the full text:

summary of NPS DEIS and ATKINS review soundscape deception

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by Jane Gyorgy on March 27, 2012 • Permalink

Posted in Scientists Weigh In

Tagged California Oysters, Christopher Clark, controversy, Department of Interior, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Dr. Christopher Clark, Dr. Corey Goodman, Dr. Goodman, Dr. Grosholz, Dr. Ted Grolsholz, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Estero, eenews, ENVIRON, Goodman, Greenwire, Grosholz, investigate, Ken Salazar, Lunny, Lunnys, Marin County, National Park Service, noise data, NPS, oyster, oyster farm, oyster farming, oysters, PEER, peer review, Point Reyes, Point Reyes National Seashore, PRNS, Secretary of the Interior, Senator Feinstein, Ted Grosholz, West Marin, Wilderness

Posted by Jane Gyorgy on March 27, 2012

http://oysterzone.wordpress.com/2012/03/27/03-26-12-summary-of-nps-deception-falsification-of-scientific-data/

03-26-12 NPS used falsified acoustic data to deceive Public an Peer review of dEIS

On March 21, Dr. Clark, of Cornell, was informed of the falsified data and retracted his support of the dEIS data and stated he “does not believe that these activities have a biologically significant impact on wildlife…”

Why? Ask yourselves, do these sound equal?

A 4-STROKE 70 HORSEPOWER JET SKI versus a 2-STROKE, 20 HORSEPOWER, oyster boat?

Noise measurements at 4 feet above water line and 2 feet behind a 70 HP boat engine, to those at 50 feet from a 20 HP boat engine?

A Federal Highway Heavy Construction Diesel Forklift at 78 dBA, to the Oyster Farm’s Small Front End Loader at 64-65 dBA?

A 4-foot tall Federal Highway Heavy Construction Jack-Hammer at 85 dBA, to an 18-inch hand held drill producing 70 dBA used by the oyster farm?

A Federal Highway Heavy Construction Rivet Buster at 79 dBA, to a 12v electric motor oyster tumbler at 50 dBA?

Noise factors overstated by a factor of 12 to 825 times in dEIS

What does this mean?

It would take TWELVE (12) boats like the DBOC oyster boat, all operating in the same location to generate the 71 dBA stated in the dEIS. (see page 30, Table H-1, footnote “b” in the linked document).

What difference does 10 decibels make? ”An increase of 3 dB is a doubling of the “strength” of the sound, and an increase of 10 dB means that the sound is 10 times as loud; i.e., 70 dB is 10 times as loud as 60 dB.” http://www.newton.dep.anl.gov/askasci/eng99/eng99325.htm

Here are some typical sounds, and their levels.

Sounds dB SPL
Rocket Launching 180
Jet Engine 140
Air Raid Siren 1 Meter 130
Jet takeoff (200 ft) 120
Discotheque 110
Firecrackers 100
Heavy Truck (15 Meter) 90
Alarm Clock (1 Meter) 80
Noisy Restaurant 70
Conversational Speech 60
Light Traffic (50 Meter) 50
Quiet Office 40
Library, Soft Whisper (5 Meter) 30
Broadcasting Studio, Rustling Leaves 20
Hearing Threshold 0

For the full text of Dr. Goodman’s review of the NPS & Atkins review of soundscape deception, click the link below:

NPS DEIS and ATKINS review soundscape deception.9.2MB

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by Jane Gyorgy on March 27, 2012 • Permalink

Posted in Articles & Letters, Scientists Weigh In

Tagged California Oysters, Christopher Clark, controversy, Department of Interior, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Dr. Christopher Clark, Dr. Corey Goodman, Dr. Goodman, Dr. Grosholz, Dr. Ted Grolsholz, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Estero, eenews, ENVIRON, Goodman, Greenwire, Grosholz, investigate, Ken Salazar, Lunny, Lunnys, Marin County, National Park Service, noise data, NPS, oyster, oyster farm, oyster farming, oysters, PEER, peer review, Point Reyes, Point Reyes National Seashore, PRNS, Secretary of the Interior, Senator Feinstein, Ted Grosholz, West Marin, Wilderness

Posted by Jane Gyorgy on March 27, 2012

http://oysterzone.wordpress.com/2012/03/27/03-26-12-nps-used-falsified-acoustic-data-to-deceive-public-an-peer-review-of-deis/

2011-11-22 Analysis of MMC Report by Dr. Corey Goodman

Briefly, the following three points, as stated by Dr. Corey Goodman, sum up the MMC report.

1. The NPS data are too thin, and too highly leveraged by a stochastic event in 2003, to be able to support the NPS correlation between harbor seals and oyster activity. Moreover, the NPS data are inadequate for MMC to affirm the NPS claim of a correlation between harbor seals and oyster activity.

2. What was called a long-term displacement OUT of Drakes Estero was actually a short-term displacement INTO Drakes Estero caused by events at Double Point. There is no evidence for long-term spatial displacement of seals and pups OUT of Drakes Estero that can be related to shellfish aquaculture.

3. The MMC mistakes could have been avoided had the MMC proceeded with their original open process rather than the insular closed process they conducted. Open dialogue, open discussion, and open exchange could have helped avoid these mistakes. Unfortunately, the closed process led to a flawed MMC Report.

For the Summary of MMC I and MMC II, click here: Summary of Analysis of MMC Reports I and II.CG&DL

For the Analysis of MMC Report I, click here: Analysis of MMC Report I. acceptance of NPS correlation.CG&DL

For the Analysis of MMC Report II, click here: Analysis of MMC Report II. rejection of Goodman.pdf models.CG&DL

DEADLINE FOR COMMENTS

DECEMBER 9, 2011, MIDNIGHT MOUNTAIN TIME

CLICK THIS LINK TO MAKE COMMENTS

http://parkplanning.nps.gov/commentForm.cfm?documentID=43390

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by Jane Gyorgy on December 1, 2011 • Permalink

Posted in Articles & Letters, Reports & Investigations, Scientists Weigh In

Tagged Allen, alphabet ranches, Amy Trainer, API, Assemblyman Bill Bagley, Assemblyman William Bagley, Bagley, Becker, Becker 2008, Becker 2009, Becker 2010, Becker 2011, Becker Allen Press, Becker Allen Press Report, Becker Allen Press Reports, Becker Report, Ben Becker, Bennett, Bill Bagley, Brastow, California Oysters, CCC, CDFG, Chairman Darrell Issa, Chairman Issa, Cicely Muldoon, Congressional Hearings, Congressman Darrell Issa, Congressman McCloskey, Congressman Pete McCloskey, controversy, corruption, corruption at NPS, Darrell Issa, David Press, dEIS, department of Inspector general, Dept of Inspector general, Desai, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Don Neubacher, Dr. Allen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Corey S. Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Company Controversy, Drakes Bay Oyster controversy, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Bay Oyster Farm Washington, Drakes Bay Oysters, Drakes Estero, EAC, EAC Amy Trainer, EAC Brastow, EAC Peter Brastow, EAC Trainer, EIS, Environmental Action Committee, Estero, Feinstein, Field Solicitor, Field Solicitor Frost, Field Solicitor Gavin Frost, Former Assemblyman William Bagley, Former Congressman McCloskey, Former Congressman Pete McCloskey, former superintendent Neubacher, Frost, Gavin Frost, Goodman, Gordon Bennett, historic ranches, House Committee Hearing on Oversight, House Committee Hearing on Oversight and government reform, House Committee Hearings, IG, investigate, Issa Hearing, Issa Hearings, Jarvis, Jarvis corruption, Jon Jarvis, Jon Jarvis corruption, Kevin and Nancy Lunny, Kevin Lunny, Lunny, Lunny Drakes Bay Oyster Company, Lunny Drakes Bay Oyster Farm, Lunny Oyster Farm, Lunnys, Marin County, Marin County Board Of Supervisors, NAS, National Park Service, Neal Desai, Neubacher, NOAA, NPCA Desai, NPCA Neal Desai, NPS, NPS Chief Jarvis, NPS Chief Jon Jarvis, NPS Jarvis, NPS Jon Jarvis, oyster, oyster controversy, oyster farm, oyster farming, oysters, PEER, Pete McCloskey, Peter Brastow, Point Reyes, Point Reyes historic ranches, Point Reyes National Seashore, Point Reyes Oyster Farm, Point Reyes Oysters, PRNS, PRNS Superintendent, PRNS Superintendent Muldoon, Public Employees for Environmental Responsibility, San Francisco News, Save Drakes Bay, Save Drakes Bay Oyster Farm, Save Drakes Estero, Senator Dianne Feinstein, Senator Feinstein, Sierra Club, Sierra Club Marin Group, Steve Kinsey, Sup Kinsey, Sup Muldoon, Superintendent Muldoon, Supervisor Kinsey, Supervisor Steve Kinsey, Trainer, West Marin, West Marin News, William Bagley

Posted by Jane Gyorgy on December 1, 2011

http://oysterzone.wordpress.com/2011/12/01/analysis-of-mmc-report-by-dr-corey-goodman/

11/22/2011 MMC Report and Appendix F

11-22-2011 MMC Drakes Estero Report Mariculture and Harbor Seals in Drakes Estero, California

We recommend you read Appendix F prior to reading the full report which can be summed up by the MMC statement on page iii of the Executive Summary here:

The Marine Mammal Commission believes that the data supporting the … analyses are scant and have been stretched to their limit. Nevertheless, the analyses in Becker et al. (2011) provide some support for the conclusion that harbor seal habitat-use patterns and mariculture activities in Drakes Estero are at least correlated. However, the data and analyses are not sufficient to demonstrate a causal relationship.

Appendix F appendix_f

MMC Report drakes_estero_report

DEADLINE FOR COMMENTS

DECEMBER 9, 2011, MIDNIGHT MOUNTAIN TIME

CLICK THIS LINK TO MAKE COMMENTS

http://parkplanning.nps.gov/commentForm.cfm?documentID=43390

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by Jane Gyorgy on November 30, 2011 • Permalink

Posted in Articles & Letters, Reports & Investigations, Scientists Weigh In

Tagged Allen, alphabet ranches, Amy Trainer, API, Assemblyman Bill Bagley, Assemblyman William Bagley, Bagley, Becker, Becker 2008, Becker 2009, Becker 2010, Becker 2011, Becker Allen Press, Becker Allen Press Report, Becker Allen Press Reports, Becker Report, Ben Becker, Bennett, Bill Bagley, Brastow, California Oysters, CCC, CDFG, Chairman Darrell Issa, Chairman Issa, Cicely Muldoon, Congressional Hearings, Congressman Darrell Issa, Congressman McCloskey, Congressman Pete McCloskey, controversy, corruption, corruption at NPS, Darrell Issa, David Press, dEIS, department of Inspector general, Dept of Inspector general, Desai, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Don Neubacher, Dr. Allen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Corey S. Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Company Controversy, Drakes Bay Oyster controversy, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Bay Oyster Farm Washington, Drakes Bay Oysters, Drakes Estero, EAC, EAC Amy Trainer, EAC Brastow, EAC Peter Brastow, EAC Trainer, EIS, Environmental Action Committee, Estero, Feinstein, Field Solicitor, Field Solicitor Frost, Field Solicitor Gavin Frost, Former Assemblyman William Bagley, Former Congressman McCloskey, Former Congressman Pete McCloskey, former superintendent Neubacher, Frost, Gavin Frost, Goodman, Gordon Bennett, historic ranches, House Committee Hearing on Oversight, House Committee Hearing on Oversight and government reform, House Committee Hearings, IG, investigate, Issa Hearing, Issa Hearings, Jarvis, Jarvis corruption, Jon Jarvis, Jon Jarvis corruption, Kevin and Nancy Lunny, Kevin Lunny, Lunny, Lunny Drakes Bay Oyster Company, Lunny Drakes Bay Oyster Farm, Lunny Oyster Farm, Lunnys, Marin County, Marin County Board Of Supervisors, NAS, National Park Service, Neal Desai, Neubacher, NOAA, NPCA Desai, NPCA Neal Desai, NPS, NPS Chief Jarvis, NPS Chief Jon Jarvis, NPS Jarvis, NPS Jon Jarvis, oyster, oyster controversy, oyster farm, oyster farming, oysters, PEER, Pete McCloskey, Peter Brastow, Point Reyes, Point Reyes historic ranches, Point Reyes National Seashore, Point Reyes Oyster Farm, Point Reyes Oysters, PRNS, PRNS Superintendent, PRNS Superintendent Muldoon, Public Employees for Environmental Responsibility, San Francisco News, Save Drakes Bay, Save Drakes Bay Oyster Farm, Save Drakes Estero, Senator Dianne Feinstein, Senator Feinstein, Sierra Club, Sierra Club Marin Group, Steve Kinsey, Sup Kinsey, Sup Muldoon, Superintendent Muldoon, Supervisor Kinsey, Supervisor Steve Kinsey, Trainer, West Marin, West Marin News, William Bagley

Posted by Jane Gyorgy on November 30, 2011

http://oysterzone.wordpress.com/2011/11/30/mmc-report-and-appendix-f/

10-18-10 Dr. Corey Goodman on Trust and Accountability in Science

October 18, 2010, Dr. Corey Goodman was invited to speak to the California Council on Science and Technology in their meeting on Trust and Accountability in Science and Technology.

The audio and slides from this presentation are available on YouTube in six 12 minute parts. To begin viewing this presentation click on the link: http://www.youtube.com/Coreysgoodman

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by Jane Gyorgy on November 12, 2011 • Permalink

Posted in Reports & Investigations, Scientists Weigh In, Video, Slides & News Links

Tagged Allen, alphabet ranches, Amy Trainer, API, Assemblyman Bill Bagley, Assemblyman William Bagley, Bagley, Becker, Becker 2008, Becker 2009, Becker 2010, Becker 2011, Becker Allen Press, Becker Allen Press Report, Becker Allen Press Reports, Becker Report, Ben Becker, Bennett, Bill Bagley, Brastow, California Oysters, CCC, CDFG, Chairman Darrell Issa, Chairman Issa, Cicely Muldoon, Climate Change, Congressional Hearings, Congressman Darrell Issa, Congressman McCloskey, Congressman Pete McCloskey, controversy, corruption, corruption at NPS, Darrell Issa, David Press, dEIS, department of Inspector general, Dept of Inspector general, Desai, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Don Neubacher, Dr. Allen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Corey S. Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Company Controversy, Drakes Bay Oyster controversy, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Bay Oyster Farm Washington, Drakes Bay Oysters, Drakes Estero, EAC, EAC Amy Trainer, EAC Brastow, EAC Peter Brastow, EAC Trainer, EIS, Environmental Action Committee, Estero, Feinstein, Field Solicitor, Field Solicitor Frost, Field Solicitor Gavin Frost, Former Assemblyman William Bagley, Former Congressman McCloskey, Former Congressman Pete McCloskey, former superintendent Neubacher, Frost, Gavin Frost, Goodman, Gordon Bennett, historic ranches, House Committee Hearing on Oversight, House Committee Hearing on Oversight and government reform, House Committee Hearings, IG, investigate, Issa Hearing, Issa Hearings, Jarvis, Jarvis corruption, Jon Jarvis, Jon Jarvis corruption, Kevin and Nancy Lunny, Kevin Lunny, Lunny, Lunny Drakes Bay Oyster Company, Lunny Drakes Bay Oyster Farm, Lunny Oyster Farm, Lunnys, Marin County, Marin County Board Of Supervisors, NAS, National Park Service, Neal Desai, Neubacher, Nitrogen, NOAA, NPCA Desai, NPCA Neal Desai, NPS, NPS Chief Jarvis, NPS Chief Jon Jarvis, NPS Jarvis, NPS Jon Jarvis, oyster, oyster controversy, oyster farm, oyster farming, oysters, PEER, Pete McCloskey, Peter Brastow, Point Reyes, Point Reyes historic ranches, Point Reyes National Seashore, Point Reyes Oyster Farm, Point Reyes Oysters, PRNS, PRNS Superintendent, PRNS Superintendent Muldoon, Public Employees for Environmental Responsibility, San Francisco News, Save Drakes Bay, Save Drakes Bay Oyster Farm, Save Drakes Estero, Senator Dianne Feinstein, Senator Feinstein, Sierra Club, Sierra Club Marin Group, Steve Kinsey, Sup Kinsey, Sup Muldoon, Superintendent Muldoon, Supervisor Kinsey, Supervisor Steve Kinsey, Trainer, West Marin, West Marin News, Wilderness, William Bagley

Posted by Jane Gyorgy on November 12, 2011

http://oysterzone.wordpress.com/2011/11/12/dr-corey-goodman-on-trust-and-accountability-in-science-10-18-2010/

10-16-11 Dr. Corey Goodman on the Science Behind the EIS

On October 16, 2011, Dr. Corey Goodman gave a presentation to the community about the science behind the Environmental Impact Statement. The National Park Service was invited to share the podium with Dr. Goodman for an open discussion of the science behind the EIS followed by a Q&A with the audience. Three days before the event the NPS declined the invitation and suggest the public attend their open house meetings instead to follow later that week. 150 attendees were treated to an hour and a half presentation of the science followed by over two hours of Q&A. A video of Dr. Goodman’s October 16, 2011 talk at the Dance Palace on his analysis of the draft EIS and the Becker 2011 paper have been posted.

This link will lead you to the introduction and the talk: http://westmarin.tv/

The link for the talk can be found at: http://vimeo.com/31918122

The link to the Q&A will be available shortly.

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by Jane Gyorgy on November 12, 2011 • Permalink

Posted in Reports & Investigations, Scientists Weigh In, Video, Slides & News Links

Tagged Allen, alphabet ranches, Amy Trainer, API, Assemblyman Bill Bagley, Assemblyman William Bagley, Bagley, Becker, Becker 2008, Becker 2009, Becker 2010, Becker 2011, Becker Allen Press, Becker Allen Press Report, Becker Allen Press Reports, Becker Report, Ben Becker, Bennett, Bill Bagley, Brastow, California Oysters, CCC, CDFG, Chairman Darrell Issa, Chairman Issa, Cicely Muldoon, Climate Change, Congressional Hearings, Congressman Darrell Issa, Congressman McCloskey, Congressman Pete McCloskey, controversy, corruption, corruption at NPS, Darrell Issa, David Press, dEIS, department of Inspector general, Dept of Inspector general, Desai, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Don Neubacher, Dr. Allen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Corey S. Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Company Controversy, Drakes Bay Oyster controversy, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Bay Oyster Farm Washington, Drakes Bay Oysters, Drakes Estero, EAC, EAC Amy Trainer, EAC Brastow, EAC Peter Brastow, EAC Trainer, EIS, Environmental Action Committee, Estero, Feinstein, Field Solicitor, Field Solicitor Frost, Field Solicitor Gavin Frost, Former Assemblyman William Bagley, Former Congressman McCloskey, Former Congressman Pete McCloskey, former superintendent Neubacher, Frost, Gavin Frost, Goodman, Gordon Bennett, historic ranches, House Committee Hearing on Oversight, House Committee Hearing on Oversight and government reform, House Committee Hearings, IG, investigate, Issa Hearing, Issa Hearings, Jarvis, Jarvis corruption, Jon Jarvis, Jon Jarvis corruption, Kevin and Nancy Lunny, Kevin Lunny, Lunny, Lunny Drakes Bay Oyster Company, Lunny Drakes Bay Oyster Farm, Lunny Oyster Farm, Lunnys, Marin County, Marin County Board Of Supervisors, NAS, National Park Service, Neal Desai, Neubacher, Nitrogen, NOAA, NPCA Desai, NPCA Neal Desai, NPS, NPS Chief Jarvis, NPS Chief Jon Jarvis, NPS Jarvis, NPS Jon Jarvis, oyster, oyster controversy, oyster farm, oyster farming, oysters, PEER, Pete McCloskey, Peter Brastow, Point Reyes, Point Reyes historic ranches, Point Reyes National Seashore, Point Reyes Oyster Farm, Point Reyes Oysters, PRNS, PRNS Superintendent, PRNS Superintendent Muldoon, Public Employees for Environmental Responsibility, San Francisco News, Save Drakes Bay, Save Drakes Bay Oyster Farm, Save Drakes Estero, Senator Dianne Feinstein, Senator Feinstein, Sierra Club, Sierra Club Marin Group, Steve Kinsey, Sup Kinsey, Sup Muldoon, Superintendent Muldoon, Supervisor Kinsey, Supervisor Steve Kinsey, Trainer, West Marin, West Marin News, Wilderness, William Bagley

Posted by Jane Gyorgy on November 12, 2011

http://oysterzone.wordpress.com/2011/11/12/dr-corey-goodman-on-the-science-behind-the-eis/

09-30-05 Dr. Sarah Allen 7 Year Harbor Seal Study 09/2005

7 Year Harbor Seal study by Dr Sarah Allen 2005

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by Jane Gyorgy on November 11, 2011 • Permalink

Posted in Reports & Investigations, Scientists Weigh In

Tagged Allen, alphabet ranches, Amy Trainer, API, Assemblyman Bill Bagley, Assemblyman William Bagley, Bagley, Becker, Becker 2008, Becker 2009, Becker 2010, Becker 2011, Becker Allen Press, Becker Allen Press Report, Becker Allen Press Reports, Becker Report, Ben Becker, Bennett, Bill Bagley, Brastow, California Oysters, CCC, CDFG, Chairman Darrell Issa, Chairman Issa, Cicely Muldoon, Climate Change, Congressional Hearings, Congressman Darrell Issa, Congressman McCloskey, Congressman Pete McCloskey, controversy, corruption, corruption at NPS, Darrell Issa, David Press, dEIS, department of Inspector general, Dept of Inspector general, Desai, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Don Neubacher, Dr. Allen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Corey S. Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Company Controversy, Drakes Bay Oyster controversy, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Bay Oyster Farm Washington, Drakes Bay Oysters, Drakes Estero, EAC, EAC Amy Trainer, EAC Brastow, EAC Peter Brastow, EAC Trainer, EIS, Environmental Action Committee, Estero, Feinstein, Field Solicitor, Field Solicitor Frost, Field Solicitor Gavin Frost, Former Assemblyman William Bagley, Former Congressman McCloskey, Former Congressman Pete McCloskey, former superintendent Neubacher, Frost, Gavin Frost, Goodman, Gordon Bennett, historic ranches, House Committee Hearing on Oversight, House Committee Hearing on Oversight and government reform, House Committee Hearings, IG, investigate, Issa Hearing, Issa Hearings, Jarvis, Jarvis corruption, Jon Jarvis, Jon Jarvis corruption, Kevin and Nancy Lunny, Kevin Lunny, Lunny, Lunny Drakes Bay Oyster Company, Lunny Drakes Bay Oyster Farm, Lunny Oyster Farm, Lunnys, Marin County, Marin County Board Of Supervisors, NAS, National Park Service, Neal Desai, Neubacher, Nitrogen, NOAA, NPCA Desai, NPCA Neal Desai, NPS, NPS Chief Jarvis, NPS Chief Jon Jarvis, NPS Jarvis, NPS Jon Jarvis, oyster, oyster controversy, oyster farm, oyster farming, oysters, PEER, Pete McCloskey, Peter Brastow, Point Reyes, Point Reyes historic ranches, Point Reyes National Seashore, Point Reyes Oyster Farm, Point Reyes Oysters, PRNS, PRNS Superintendent, PRNS Superintendent Muldoon, Public Employees for Environmental Responsibility, San Francisco News, Save Drakes Bay, Save Drakes Bay Oyster Farm, Save Drakes Estero, Senator Dianne Feinstein, Senator Feinstein, Sierra Club, Sierra Club Marin Group, Steve Kinsey, Sup Kinsey, Sup Muldoon, Superintendent Muldoon, Supervisor Kinsey, Supervisor Steve Kinsey, Trainer, West Marin, West Marin News, Wilderness, William Bagley, William Bagley Allen

Posted by Jane Gyorgy on November 11, 2011

http://oysterzone.wordpress.com/2011/11/11/7-year-harbor-seal-study-by-dr-sarah-allen-2005/

12-31-05 Dr. Sarah Allen, Harbor Seal Annual Report 2005

Harbor Seal Report 2005

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by Jane Gyorgy on November 11, 2011 • Permalink

Posted in Reports & Investigations, Scientists Weigh In

Tagged Allen, alphabet ranches, Amy Trainer, API, Assemblyman Bill Bagley, Assemblyman William Bagley, Bagley, Becker, Becker 2008, Becker 2009, Becker 2010, Becker 2011, Becker Allen Press, Becker Allen Press Report, Becker Allen Press Reports, Becker Report, Ben Becker, Bennett, Bill Bagley, Brastow, California Oysters, CCC, CDFG, Chairman Darrell Issa, Chairman Issa, Cicely Muldoon, Climate Change, Congressional Hearings, Congressman Darrell Issa, Congressman McCloskey, Congressman Pete McCloskey, controversy, corruption, corruption at NPS, Darrell Issa, David Press, dEIS, department of Inspector general, Dept of Inspector general, Desai, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Don Neubacher, Dr. Allen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Corey S. Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Company Controversy, Drakes Bay Oyster controversy, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Bay Oyster Farm Washington, Drakes Bay Oysters, Drakes Estero, EAC, EAC Amy Trainer, EAC Brastow, EAC Peter Brastow, EAC Trainer, EIS, Environmental Action Committee, Estero, Feinstein, Field Solicitor, Field Solicitor Frost, Field Solicitor Gavin Frost, Former Assemblyman William Bagley, Former Congressman McCloskey, Former Congressman Pete McCloskey, former superintendent Neubacher, Frost, Gavin Frost, Goodman, Gordon Bennett, historic ranches, House Committee Hearing on Oversight, House Committee Hearing on Oversight and government reform, House Committee Hearings, IG, investigate, Issa Hearing, Issa Hearings, Jarvis, Jarvis corruption, Jon Jarvis, Jon Jarvis corruption, Kevin and Nancy Lunny, Kevin Lunny, Lunny, Lunny Drakes Bay Oyster Company, Lunny Drakes Bay Oyster Farm, Lunny Oyster Farm, Lunnys, Marin County, Marin County Board Of Supervisors, NAS, National Park Service, Neal Desai, Neubacher, Nitrogen, NOAA, NPCA Desai, NPCA Neal Desai, NPS, NPS Chief Jarvis, NPS Chief Jon Jarvis, NPS Jarvis, NPS Jon Jarvis, oyster, oyster controversy, oyster farm, oyster farming, oysters, PEER, Pete McCloskey, Peter Brastow, Point Reyes, Point Reyes historic ranches, Point Reyes National Seashore, Point Reyes Oyster Farm, Point Reyes Oysters, PRNS, PRNS Superintendent, PRNS Superintendent Muldoon, Public Employees for Environmental Responsibility, San Francisco News, Save Drakes Bay, Save Drakes Bay Oyster Farm, Save Drakes Estero, Senator Dianne Feinstein, Senator Feinstein, Sierra Club, Sierra Club Marin Group, Steve Kinsey, Sup Kinsey, Sup Muldoon, Superintendent Muldoon, Supervisor Kinsey, Supervisor Steve Kinsey, Trainer, West Marin, West Marin News, Wilderness, William Bagley

Posted by Jane Gyorgy on November 11, 2011

http://oysterzone.wordpress.com/2011/11/11/harbor-seal-report-2005/

12-18-2007 Dr. Corey Goodman Letter to NAS

Dr Goodman to NAS 12-18-07

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by Jane Gyorgy on November 11, 2011 • Permalink

Posted in Reports & Investigations, Scientists Weigh In

Tagged Allen, alphabet ranches, Amy Trainer, API, Assemblyman Bill Bagley, Assemblyman William Bagley, Bagley, Becker, Becker 2008, Becker 2009, Becker 2010, Becker 2011, Becker Allen Press, Becker Allen Press Report, Becker Allen Press Reports, Becker Report, Ben Becker, Bennett, Bill Bagley, Brastow, California Oysters, CCC, CDFG, Chairman Darrell Issa, Chairman Issa, Cicely Muldoon, Climate Change, Congressional Hearings, Congressman Darrell Issa, Congressman McCloskey, Congressman Pete McCloskey, controversy, corruption, corruption at NPS, Darrell Issa, David Press, dEIS, department of Inspector general, Dept of Inspector general, Desai, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Don Neubacher, Dr. Allen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Corey S. Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Company Controversy, Drakes Bay Oyster controversy, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Bay Oyster Farm Washington, Drakes Bay Oysters, Drakes Estero, EAC, EAC Amy Trainer, EAC Brastow, EAC Peter Brastow, EAC Trainer, EIS, Environmental Action Committee, Estero, Feinstein, Field Solicitor, Field Solicitor Frost, Field Solicitor Gavin Frost, Former Assemblyman William Bagley, Former Congressman McCloskey, Former Congressman Pete McCloskey, former superintendent Neubacher, Frost, Gavin Frost, Goodman, Gordon Bennett, historic ranches, House Committee Hearing on Oversight, House Committee Hearing on Oversight and government reform, House Committee Hearings, IG, investigate, Issa Hearing, Issa Hearings, Jarvis, Jarvis corruption, Jon Jarvis, Jon Jarvis corruption, Kevin and Nancy Lunny, Kevin Lunny, Lunny, Lunny Drakes Bay Oyster Company, Lunny Drakes Bay Oyster Farm, Lunny Oyster Farm, Lunnys, Marin County, Marin County Board Of Supervisors, NAS, National Park Service, Neal Desai, Neubacher, Nitrogen, NOAA, NPCA Desai, NPCA Neal Desai, NPS, NPS Chief Jarvis, NPS Chief Jon Jarvis, NPS Jarvis, NPS Jon Jarvis, oyster, oyster controversy, oyster farm, oyster farming, oysters, PEER, Pete McCloskey, Peter Brastow, Point Reyes, Point Reyes historic ranches, Point Reyes National Seashore, Point Reyes Oyster Farm, Point Reyes Oysters, PRNS, PRNS Superintendent, PRNS Superintendent Muldoon, Public Employees for Environmental Responsibility, San Francisco News, Save Drakes Bay, Save Drakes Bay Oyster Farm, Save Drakes Estero, Senator Dianne Feinstein, Senator Feinstein, Sierra Club, Sierra Club Marin Group, Steve Kinsey, Sup Kinsey, Sup Muldoon, Superintendent Muldoon, Supervisor Kinsey, Supervisor Steve Kinsey, Trainer, West Marin, West Marin News, Wilderness, William Bagley

Posted by Jane Gyorgy on November 11, 2011

http://oysterzone.wordpress.com/2011/11/11/dr-corey-goodman-letter-to-nas-12-18-2007/

01-18-09 Dr. Corey Goodman Letter to NAS

Dr Goodman to NAS 01-18-09 The 2009 Nat’l Academies of Sciences Report

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by Jane Gyorgy on November 11, 2011 • Permalink

Posted in Reports & Investigations, Scientists Weigh In

Tagged Allen, alphabet ranches, Amy Trainer, API, Assemblyman Bill Bagley, Assemblyman William Bagley, Bagley, Becker, Becker 2008, Becker 2009, Becker 2010, Becker 2011, Becker Allen Press, Becker Allen Press Report, Becker Allen Press Reports, Becker Report, Ben Becker, Bennett, Bill Bagley, Brastow, California Oysters, CCC, CDFG, Chairman Darrell Issa, Chairman Issa, Cicely Muldoon, Climate Change, Congressional Hearings, Congressman Darrell Issa, Congressman McCloskey, Congressman Pete McCloskey, controversy, corruption, corruption at NPS, Darrell Issa, David Press, dEIS, department of Inspector general, Dept of Inspector general, Desai, Dianne Feinstein, Dianne Feinstein Drakes Bay, DOI, Don Neubacher, Dr. Allen, Dr. Ben Becker, Dr. Corey Goodman, Dr. Corey S. Goodman, Dr. Goodman, Dr. Sarah Allen, Draft Environmental Impact Statement, Drake, Drakes, Drakes Bay, Drakes Bay Oyster Company, Drakes Bay Oyster Company Controversy, Drakes Bay Oyster controversy, Drakes Bay Oyster Farm, Drakes Bay Oyster Farm Closing, Drakes Bay Oyster Farm Fight, Drakes Bay Oyster Farm Washington, Drakes Bay Oysters, Drakes Estero, EAC, EAC Amy Trainer, EAC Brastow, EAC Peter Brastow, EAC Trainer, EIS, Environmental Action Committee, Estero, Feinstein, Field Solicitor, Field Solicitor Frost, Field Solicitor Gavin Frost, Former Assemblyman William Bagley, Former Congressman McCloskey, Former Congressman Pete McCloskey, former superintendent Neubacher, Frost, Gavin Frost, Goodman, Gordon Bennett, historic ranches, House Committee Hearing on Oversight, House Committee Hearing on Oversight and government reform, House Committee Hearings, IG, investigate, Issa Hearing, Issa Hearings, Jarvis, Jarvis corruption, Jon Jarvis, Jon Jarvis corruption, Kevin and Nancy Lunny, Kevin Lunny, Lunny, Lunny Drakes Bay Oyster Company, Lunny Drakes Bay Oyster Farm, Lunny Oyster Farm, Lunnys, Marin County, Marin County Board Of Supervisors, NAS, National Park Service, Neal Desai, Neubacher, Nitrogen, NOAA, NPCA Desai, NPCA Neal Desai, NPS, NPS Chief Jarvis, NPS Chief Jon Jarvis, NPS Jarvis, NPS Jon Jarvis, oyster, oyster controversy, oyster farm, oyster farming, oysters, PEER, Pete McCloskey, Peter Brastow, Point Reyes, Point Reyes historic ranches, Point Reyes National Seashore, Point Reyes Oyster Farm, Point Reyes Oysters, PRNS, PRNS Superintendent, PRNS Superintendent Muldoon, Public Employees for Environmental Responsibility, San Francisco News, Save Drakes Bay, Save Drakes Bay Oyster Farm, Save Drakes Estero, Senator Dianne Feinstein, Senator Feinstein, Sierra Club, Sierra Club Marin Group, Steve Kinsey, Sup Kinsey, Sup Muldoon, Superintendent Muldoon, Supervisor Kinsey, Supervisor Steve Kinsey, Trainer, West Marin, West Marin News, Wilderness, William Bagley

Posted by Jane Gyorgy on November 11, 2011

http://oysterzone.wordpress.com/2011/11/11/dr-corey-goodman-letter-to-nas-01-18-2009/

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For immediate release: NPS and USGS Falsified Finding of Harbor Seal Disturbances at Drakes Estero

New Information Shows False Science Misinformed Interior Secretary Salazar for His Decision

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Red Herrings in Drakes Estero

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A river of environmental misinformation flows all the way from a card table in Sebastopol, across the country, down C Street in Washington, past the Department of Interior, and eventually discharges into the halls of Congress. The Russian River Times tracked it to its source.

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The Environmental Action Committee of West Marin (EAC), on March 6, 2013, submitted a letter to the White House Science Advisor, Dr. John Holdren (OSTP), objecting to Dr. Goodman’s recently submitted Scientific Misconduct Complaint.

Earlier today, Dr. Goodman submitted a comprehensive rebuttal to the EAC’s letter (submitted to OSTP by NPCA’s Neal Desai).

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I write to ask the White House Office of Science and Technology Policy (OSTP) to establish and oversee a high-level investigation of scientific misconduct involving three federal agencies (NPS, USGS, and MMC), all linked to misconduct by NPS.

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03-02-2013 Russian River Times

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Sustainable Agriculture, Wilderness and DrakesBay Oysters: The Role of Science in Policy

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November 9, 2012

From: Dr. Corey S. Goodman

To: Todd J. Zinser, Inspector General, Department of Commerce

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Actual study of Drakes Bay Oyster Company Boats and equipment reveals the deception in the dEIS of the NPS.

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DEADLINE FOR COMMENTS

DECEMBER 9, 2011, MIDNIGHT MOUNTAIN TIME

CLICK THIS LINK TO MAKE COMMENTS

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DEADLINE FOR COMMENTS

DECEMBER 9, 2011, MIDNIGHT MOUNTAIN TIME

CLICK THIS LINK TO MAKE COMMENTS

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