Drakes Bay Oyster Company & the National Park Service. Watch the video, "THE FRAMING OF AN OYSTER FARM" at http://vimeo.com/52331881

05-30-1973 Sierra Club recommends NPS Continue Oyster Farm Operation

Jane Gyorgy — Sat, 15 Jun 2013 22:09:46 +0000

In a letter from the Chairman of the SF Bay Chapter of the Sierra Club and the Sierra Club Point Reyes Task Force, both the Sierra Club and the Sierra Club Task Force spell out the following on page A-51, paragraph VI:

“The draft Environmental Impact Statement implies that none of 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, non-conforming use. The Reed memo previously cited seems to be speaking to such uses as this. The harvesting operation might be made more compatible if the Park Service were to require Johnson to use electric powered boats.”

For the full letter, click on or copy and paste the below link into your web browser:

1973.05.30%20-%20Sierra%20Club%20letter%20to%20NPS%20re%20PRNS%20EIS%20comments%20%2528see%20pg%20on%20oyster%20farm%252c%20A-51%2529

06-12-2013 Dr. Goodman on Huffman’s 4 mistakes on Oyster Farm Science

Jane Gyorgy — Wed, 12 Jun 2013 19:44:36 +0000

Marin Voice: Huffman’s four mistakes on oyster farm science

By Corey Goodman
Guest op-ed column

Posted: 06/12/2013 04:00:00 AM PDT

“Huffman’s district is ground zero for scientific misconduct.”

THE Sonoma City Council last week voted unanimously in support of Drakes Bay Oyster Co. and asked Rep. Jared Huffman, D-San Rafael, to support a bipartisan congressional investigation into the “questionable science” that misinformed Interior Secretary Salazar’s decision not to renew the farm’s permit.

Huffman immediately rejected the council’s request. In so doing, he made four substantive mistakes.

First, Huffman said the investigation of scientific misconduct was a “Republican-inspired effort.” Not so.

Democrat Sen. Dianne Feinstein has long been concerned about scientific misconduct by the National Park Service. Last year, Feinstein wrote that the Park Service repeatedly “falsified and misrepresented data,” “stained its reputation” and has been “deceptive and potentially fraudulent.”

Second, Huffman said the secretary’s decision was not informed by the false science. Not so again.

Salazar wrote that this science had “informed me” and “been helpful to me in making my decision.” What’s more, Justice Department lawyers representing the Interior Department and other farm opponents continue to use the false science in the Ninth Circuit Court of Appeals to justify why the “public good” favors removing the farm.

Third, Huffman questioned whether there is, in the council’s words, a “clear-cut case of scientific misconduct,” implying there was not.

Here are the facts. For seven years, the Park Service claimed to have evidence showing the oyster farm disturbs the harbor seals in Drakes Estero. Yet, it had none.

When challenged, the Park Service set up secret cameras, and over three years took 300,000 photographs of oyster boats and seals. It looked for seal disturbances, but found none.

The Environmental Impact Statement released last November further promoted false science. To support its claim of seal disturbances, the Park Service cited the analysis of the secret photographs by an independent research scientist, Brent Stewart, claiming he found seal disturbances caused by the oyster farm. But Stewart actually concluded just the opposite — “no evidence of disturbance.”

Fourth, and most troubling, Huffman remained quiet after he received unequivocal evidence of scientific misconduct.

After I questioned the park’s claims about seal disturbances last December, Interior officials secretly asked Stewart to re-review the set of photographs.

Stewart held firm, and wrote a Supplemental Report in which he again found no evidence of disturbance by the oyster farm.

The Interior department tried to keep Stewart’s Supplemental Report a secret, but it got out. Huffman was the first to receive the report in April, but thus far he too remained silent about it.

Huffman’s district is ground zero for scientific misconduct.

The great majority of his constituents, according to every poll, want the oyster farm to stay, and are concerned about the false science used to argue in favor of removing the farm.

Just this week, the North Bay Leadership Council passed a resolution supporting the oyster farm and asking Huffman to support a bipartisan congressional investigation.

When asked about Park Service science while running for election, Huffman said the “science must have integrity.” After his election, he joined the “Problem Solvers,” a congressional group dedicated to finding bipartisan solutions. But on the issue of scientific integrity, even though he possesses evidence of misconduct, he has remained silent, and refused to join a bipartisan investigation.

I urge Congressman Huffman to rethink his decision, disclose what he found in Stewart’s report and support a bipartisan congressional investigation.

Throughout his career, Huffman has stood for integrity and reaching across the aisle.

His constituents expect no less.

We ask that he stay the course and pick the path of scientific integrity. If he does so, I pledge to work with him for an open and fair investigation.

Corey Goodman is an elected member of the National Academy of Sciences, West Marin organic rancher, environmentalist and the scientist who began investigating National Park Service’s handling of the Point Reyes oyster farm in 2007 at the request of Marin County Supervisor Steve Kinsey.

1976 GGNRA Citizen’s Advisory Comm. Chariman, Frank C. Boerger statement recommended keeping Oyster Farm

Jane Gyorgy — Thu, 06 Jun 2013 05:31:47 +0000

Statement of Frank C. Boerger,

Chairman, Golden Gate National Recreation Area Citizen’s Advisory Commission

(HIGHLIGHTS FROM THE STATEMENT)

15 person Commission appointed in January 1975 by Secretary of Interior in accordance with the law establishing the Recreation Area.

…met regularly since establishment of commission to “discuss the planning for the development and the preservation of the Park Service Areas in the San Francisco Bay region, including the Point Reyes National Seashore.”

“…completed a position paper on the subject which I have attached to this testimony; it is requested that this statement be made a part of the record of this hearing.”

“….The balancing of the various interests represented by our recommendations was derived from a series of public hearings and subcommittee task force meetings. The compromises presented have won acceptance from representatives of each sector of the public that expressed concern….”

INTRODUCTION

“….The intrinsic values of the natural, historic and scenic resources of both the Golden Gate National Recreation Area and point Reyes National Seashore are remarkable. These values offer opportunities to people everywhere, but their importance is multiplied many times by the unusual proximity of the parklands to the five million people of the San Francisco Bay region.”

DESCRIPTION OF THE RECOMMENDED WILDERNESS AREA

“….An important factor in considering wilderness for the seashore was the intent of the commission that desirable existing uses be allowed to continue…..”

“….Two wilderness units are recommended for the northern half of the Seashore. They are separated by an area that includes the “pastoral zone” (designated in the enabling legislation to continue to accommodate ranching activities) and the access roads that serve most of the Seashore’s popular beaches. The first unit includes…Drakes and Limantour Esteros, and the lands that connect those features.”

NONCONFORMING USES

“Two activities presently carried on within the seashore existed prior to its establishment as a park and have since been considered desirable by both the public and park managers. Because they both entail use of motorized equipment, specific provision should be made in wilderness legislation to allow the following uses to continue unrestrained by wilderness designation:

1 Ranching operations on that portion of the “pastoral zone” that falls within the proposed wilderness…..

2 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.”

For the pages from the hearing pertaining to the above statements click on the link below:

Pages from PRNS wilderness hearings senate 1976

NOTE:

The final bill designated Drakes Estero as only “potential wilderness”.

The Interior Department told Congress that Drakes Estero could not be full wilderness until California gave up its rights there–which it has NOT done.

06-05-13 Attorney Peter Prows Letter to the editor Sacramento Bee

Jane Gyorgy — Thu, 06 Jun 2013 04:28:29 +0000

Citizens commission supported oyster farming at Point Reyes

Published: Wednesday, Jun. 5, 2013 – 10:03 am

Re “Oyster farm tries end run on wilderness pact” (Another View, May 26): Amy Meyer, former vice-chairwoman of the Citizens’ Advisory Commission for Golden Gate National Recreation Area and Point Reyes National Seashore, suggests that the citizens commission supported an “agreement” from the 1970s that the oyster farm in Drakes Estero would leave in 2012.

But Meyer neglects to mention one key fact: The citizens commission actually supported continued oyster farming in Drakes Estero in perpetuity. In 1976, the commission’s chairman, Frank Boerger, wrote to Congress explaining the oyster farm is “considered desirable by both the public and park managers”, and that the farm should “continue unrestrained by wilderness designation.”

Meyer is certainly entitled to change her opinion of the oyster farm, but she can’t change the historical facts.

– Peter Prows, San Francisco, attorney for Drakes Bay Oyster Co.

12-12-10 a TEDWomen Talk: Kate Orff on Reviving New York’s Rivers — with Oysters!

Jane Gyorgy — Wed, 05 Jun 2013 18:30:38 +0000

Kate Orff on Reviving New York’s Rivers — with Oysters!

Filmed Dec 2010 • Posted Jan 2011 • TEDWomen

Architect Kate Orff sees the oyster as an agent of urban change. Bundled into beds and sunk into city rivers, oysters slurp up pollution and make legendarily dirty waters clean — thus driving even more innovation in “oyster-tecture.” Orff shares her vision for an urban landscape that links nature and humanity for mutual benefit.

Kate Orff asks us to rethink “landscape”—to use urban greenspaces and blue spaces in fresh ways to mediate between humankind and nature.

Why you should listen to her:

Kate Orff is a landscape architect who thinks deeply about sustainable development, biodiversity and community-based change—and suggests some surprising and wonderful ways to make change through landscape. She’s a professor at Columbia’s Graduate School of Architecture, Planning and Preservation, where she’s a director of the Urban Landscape Lab. She’s the co-editor of the new book Gateway: Visions for an Urban National Park, about the Gateway National Recreation Area, a vast and underused tract of land spreading across the coastline of Brooklyn, Queens, Staten Island and New Jersey.

She is principal of SCAPE, a landscape architecture and urban design ofﬁce with projects ranging from a 1,000-square-foot pocket park in Brooklyn to a 100-acre environmental center in Greenville, SC, to a 1000-acre landﬁll regeneration project in Dublin, Ireland.

“Perhaps the snazziest proposal is also the oddest, calling for oyster beds in the Gowanus Canal. The oyster reefs, as imagined by Kate Orff, would ease the impact of storms and filter pollution in the water. Orff’s fantastical future also includes a flupsy (for “flowing upweller system”) parade of oyster-filled boats along the Gowanus.”

Samantha Henig, “Earl Versus the Oysters,” New Yorker, Sept. 2, 2010

Go to TEDWomen to find her talk or, click on one of the links below to see the TEDWomen talk by Kate Orff

06-04-2013 2,424 Companies & Individuals who already endorse DBOC

Jane Gyorgy — Wed, 05 Jun 2013 00:03:48 +0000

BELOW IS THE LIST OF 2,287 PEOPLE AND 137 COMPANIES ALREADY ENDORSING DRAKES BAY OYSTER COMPANY AS OF 4:55 PM, JUNE 4, 2013

PLEASE GO TO THE LINK BELOW TO ADD YOUR ENDORSEMENT and to see who else has joined since this posting. You may make a donation to the cause while there.

http://drakesbayoyster.com/

Thank you for endorsing Drakes Bay Oyster Farm! We are so very grateful for your support. Please see below for a full list of 137 organizations and 2287 individuals that you have added your name to.

If you have not done so already, please consider donating to the litigation fund. Every bit counts!

Organizations

A & K Shellfish
Add Garlic!
Alliance for Local Sustainable Agriculture (ALSA)
Acuacultura Integral de Baja Californi
American Grassfed Association
Blue Waters Kayaking
Brown Bag Farms
California Aquaculture Association
CHEFnews.com
Chessie Seafood and Aquafarms
Community Alliance with Family Farmers
Coonamessett Farm
Crazy Flower Wines
Custom Farming
Defend Rural America
Dover Point Oyster Co
Edible Marin and Wine Country Magazine
Jerry Wyman Photography
Farm-to-Consumer Legal Defense Fund
Farm Food Freedom KY
The Granary Feed and Pet Supply Store
Intensive Nutrition Inc.
K&B Seafood
Marin Grange
McEvoy Ranch
National Grange
Native Sons of the Golden West
Newport River Management
North Bay Patriots
Ocean Song Retreate
Oyster Company of Virginia
REESE Water & Land Surveying
Sonoma Valley Grange [Click here to read their resolution of support]
Straus Family Creamery
Wine Country Chocolates”

Individuals

b kronenberg from CA
Greg Frichtl from IL
Ken Longo from CA
Susan Kilian from CA
A. Andersen from CA
Aaron Elmone from CA
Aaron Hartley from CA
Aaron Quinn from CA
Abigail Roseman from CA
adam from CA
Adam Carlisle from NY
Adam Ehle from CA
Adam Rogers from CA
Adelle Blackman from FL
Adi Girroir from CA
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Adrean hayashi from CA
adrian castiglia from CA
Adrienne Desapio from FL
aida la point from TX
Aide Castro from CA
aileen johns from CA
Aimee Brownworth from CA
Aimee Guymon from KS
Aimee Ollman from CA
akino johns from CA
Al Baylacq from CA
Al Beeman from HI
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Al Chan from CA
Al Knoll from CA
Al Malone from CA
Al Meier from CA
Al Ramirez from CA
Al Surprenant from MA
Al Vittek from MD
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06-04-2013 Fort Mill Times Sonoma City Council Calls for Investigation into NPS closure of DBOC

Jane Gyorgy — Tue, 04 Jun 2013 21:48:31 +0000

Sonoma City Council Signs Resolution Calling for Investigation into National Park Service Request for Closure of Drakes Bay Oyster Company

Sonoma City Council Supports Drakes Bay Oyster Company’s Efforts Towards Providing Local Jobs and Its Model for Sustainable Agriculture

Fort Mill Times, June 4, 2013

SONOMA, Calif. –

In a unanimous decision at last night’s City Council meeting, the Sonoma City Council approved a resolution that formally offers the Council’s support to save Drakes Bay Oyster Company and calls for the investigation into the National Park Service’s denial of Drakes’ permit to continue to operate at the onshore facilities at Drakes Estero in the coastal area of Marin County. In particular, the City Council commended the oyster farm for its efforts in maintaining its environmental and agricultural stewardship which presents an exemplary model of harmonious co-existence of sustainable agriculture and resource conservation.

The City Council specifically called on Assembly Member Marc Levine, Chair of the Select Agriculture and Environment Committee, to urge the State of California to assert its rights to continue to lease the water bottoms in Drakes Estero for shellfish cultivation which would include giving support to the Fish and Game Commission in its full jurisdiction. Additionally, the City Council requested Congressman Jared Huffman to support a bi-partisan Congressional investigation by the appropriate House Committee of Natural Resources, which he is a member of, into the questionable science that informed Secretary Salazar’s decision not to grant Drakes Bay a permit for the facilities in Drakes Estero.

For years, the Lunny family, who owns and manages the historic oyster farm and the last cannery in California, has been fighting the Interior Department and the National Park Service over their attempts to close down the farm. In a decision made last November, then-Interior Secretary Ken Salazar refused to issue a permit to allow Drakes Bay to continue farming upon the expiration of its 40-year-lease – a lease which allowed it to operate on public land within the Point Reyes National Seashore and which was created decades after the oyster farm’s inception.

“We are thrilled and honored to have the support of the Sonoma City Councilmembers,” says Kevin Lunny. “The next several weeks are an important time for our community, as we continue to build support and make our voices heard throughout Marin County, the state of California, and the country. With the support of the Councilmembers and thousands of community members, we will continue to fight to keep our historic, family-owned and community-loved oyster farm open.”

The Lunnys, who have been pressing for an extension of their lease for years, state that Salazar based his decision on flawed environmental impact studies and contend that the State, not the National Park Service, retains the right to farm shellfish in Drakes Estero and they have already extended that agreement until 2029.

Drakes Bay has already garnered the support of many individuals and organizations within the community who view the farm as a respected steward of the land and representative of the best in environmental protection. Supporters of the Save Drakes Bay Oyster Farm include California Senator Dianne Feinstein, a group of restaurant owners and sustainable food advocates, including Alice Waters of Chez Panisse, as well as many leading scientists and environmentalists throughout the Bay Area. For a full list of Drakes Bay’s 2,000+ supporters please visitwww.drakesbayoyster.com/howtohelp/endorse.php.

About Drakes Bay Oyster Company

Oyster farming in Drakes Estero, located in Point Reyes, Marin County, has been part of the region’s history for nearly 100 years. The Lunnys, a fourth-generation ranching family, purchased Drakes Bay in 2004 to revive a historical part of the local community and ensure the continued environmental health of Drakes Estero. Drakes Bay currently employs nearly 30 community members, and farms sustainably in Drakes Estero, producing approximately one-third of all oysters in California. The Lunny family works hard to participate in keeping the agricultural economic system in West Marin alive. Drakes Bay actively participates in the creation of a more sustainable food model that restores, conserves, and maintains the productivity of the local landscapes and the health of its inhabitants. For more information, please visit www.drakesbayoyster.com.

http://www.fortmilltimes.com/2013/06/04/2736027/sonoma-city-council-signs-resolution.html

06-03-2013 City of Sonoma Unanimously Passes Resolution in Support of Drakes Bay Oyster Farm

Jane Gyorgy — Tue, 04 Jun 2013 19:54:13 +0000

06-03-2013 The City of Sonoma unanimously passed a resolution in support of Drakes Bay Oyster Farm today. In conclusion, the resolution reads:

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma

1 Requesting Assembly Member Marc Levine, Chair of the Select Agriculture and Environment Committee, to urge the State of California to assert its rights to continue to lease the water bottoms in Drakes Estero for shellfish cultivation which would include giving support to the Fish and Game Commission in its full jurisdiction; and

2 Request Congressman Jared Huffman to support the bi-partisan Congressional investigation by the appropriate House Committee of Natural Resources which he is a member of, into the questionable science that informed Secretary Salazar’s decision not to grant the Oyster Farm a permit for the facilities onshore Drakes Estero; and

3 Commends and lends its support of Drakes Bay Oyster Farm in its heroic efforts to seek a permit to continue to utilize the onshore facilities and thus to preserve the last oyster cannery in California and the many jobs it provides for women, in particular, maintaining the environmental and agricultural stewardship which presents an expemplary template of harmonious co-existence of sustainable agriculture and wilderness.

ADOPTED this 3rd day of June, 2013 by the following vote:

AYES: Barbose, Rouse, Brown, Gallian, Cook

NOES: None

ABSENT: None

and was signed by Ken Brown, Mayor and attested to by Gay Johann, City Clerk

For the complete text of the resolution click on, or copy and paste, the link below

Sonoma City of Supporting Drakes Bay Oyster Farm 060313

05-30-2013 Pacific Shellfish Growers Assn Files Data Quality Act complaint with NPS

Jane Gyorgy — Mon, 03 Jun 2013 18:06:23 +0000

New Data Quality Act (DQA) Complaint Filed With National Park Service On NPS Science in the EIS prepared for the Drakes Bay Oyster Company by Pacific Coast Shellfish Growers Association (PCSGA, based in Seattle, WA), May 30, 2013

Complaint filed pursuant to October 16, 2002, “NPS Director’s Order # 11(B), Ensuring Quality of Information Disseminated by the National Park Service.”

For the full complaint click on the link here:

PSGA Complaint Ltr Drakes Bay Oyster Co.053013

According to the Complaint

* “Despite numerous rounds of peer review and public comment that included significant and well-reasoned criticism of the science and analysis used by NPS in evaluating the environmental effects of the Drakes Bay Oyster Company project, the FEIS fails to address many of the same flaws in its analysis that have been criticized for years by peer reviewers, State legislators, other public agencies, and renowned scientists. In the EIS, NPS selectively chooses certain data and studies to emphasize potential negative impacts associated with shellfish cultivation, while ignoring or downplaying any science establishing the beneficial impacts of shellfish cultivation, despite the fact that numerous comment letters submitted during the DEIS comment period referenced and described such scientific data and studies.” Page 2.

On EIS

* “The EIS is Not Objective and Presented in an Unbiased Manner, and Is Not Based on Accurate Information.” Page 5.

On Boat Scarring

* “The EIS analysis of eelgrass impacts from propeller wash is similarly mischaracterized.” Page 6.

On Rack and Bag Structures

* “The EIS also misrepresents the scientific data that it claims establishes that shellfish structures have a negative impact on eelgrass.” Page 8.

On Eelgrass

* “The drastic overstating of oyster impacts on eelgrass and understating and mischaracterizing the beneficial impacts of oysters on eelgrass evidences biased scientific analysis that fails to be objective in accordance with NPS standards.” Page 10.

On Manipulating Science

* “In a candid acknowledgement that NPS is placing policy over science, the EIS refutes this evidence by stating that ‘this approach [bottom bag cultivation] is not consistent with NPS Management Policies.’ This is not a response to the environmental impact of the project; it is merely a dismissal of the science as not conforming to NPS’ objectives and message.” Page 11-12.

On Fish

* “EIS Statements That Shellfish Operations Result in an Adverse Impact to Fish Are Not Based on Reliable Scientific Data and Lack Objectivity. Page 14.

* “…the EIS fails to meet NPS standards for objectivity and provides inaccurate portrayals and analysis of the underlying scientific data.” Page 15.

On Birds

* “Statements that DBOC operations adversely impact birds and bird habitat through noise disturbances generated by boats and displacement of natural bird habitats lack objectivity.” Page 16.

* “…the EIS ignores a significant amount of scientific literature referenced in the DEIS comment letters establishing the benefits of shellfish aquaculture for many bird species, including providing food and shelter from predators. This selective analysis of scientific data does not meet NPS standards for objectivity.” Page 17.

On Water Quality

* “…the EIS downplays the impact that shellfish have as filter feeders to improve water quality.” Page 18.

* “The EIS reveals its negative bias in its evaluation of water quality.” Page 18.

On Harm to Shellfish Growers Beyond Drakes Estero

* “…the EIS will have a damaging effect on the entire West Coast Shellfish farming community, and negative consequences for all of the nation’s shellfish growers.” Page 21.

* “…PCSGA’s members will be harmed because the EIS gives legitimacy to the flawed methodology, analysis and conclusions herein.” Page 21

* “the mischaracterizations and inaccurate and biased analysis in the EIS must be corrected and rescinded to avoid other agencies from relying on such analysis, thereby multiplying the harm of the analysis exponentially. “ Page 22.

Overall Conclusion

* “Given that the EIS acknowledges that the Drakes Estero is a pristine environment with a thriving ecosystem, has an expanding eelgrass population, and high water quality, the presumption that eliminating existing shellfish operations that have coexisted with the ecosystem for decades would be beneficial, without scientific data to rebut the empirical evidence to the contrary is simply bad science. It therefore fails to comport with NPS and NPS data quality requirements.” Page 20.

Note on the Data Quality Act

* The DQA was enacted into law in December 2000.

* The DQA directs the Office of Management and Budget (OMB) to issue government-wide guidelines that “provide policy and procedural guidance to Federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by Federal agencies”.

* NPS implemented the DQA with the adoption of NPS Director’s Order #11B in 2002 which stated, in part:

– A. Reliable Data. The National Park Service will ensure that information it releases will be developed from reliable data sources and will otherwise ensure information quality at each stage of information development. The NPS’s methods for producing quality information will be made transparent, to the maximum extent practicable, through accurate documentation, use of appropriate internal and external review procedures, consultation with experts and users, and verification of the quality of the information disseminated to the public. The NPS will also keep users informed about corrections and revisions.

– Information will be developed only from reliable data sources based on accepted practices and policies utilizing accepted methods for information collection and verification. It will be reproducible to the extent possible. Influential information will be produced with a high degree of transparency about data and methods. The information should include all pertinent information to allow the public to understand the park’s legislative authorities, mission, activities, organization, strategic plan, performance plan, and performance accomplishments.

The full DQA Complaint is attached, PDF (above).

Per regulation, NPS must respond within 60 calendar days.

This is the fifth DQA filed against NPS Science at Drakes Estero since 2007 and the second DQA filed by PCSGA (first was declared “moot” by then-NPS Regional Director, Jon Jarvis). Two, filed by the Point Reyes Light, were simply ignored. Two were declared moot.

When filed, PCSGA included several attachments, not provided here, but included PCSGA comments on the DEIS, NAS Peer Review Comments (prepared by Congressional direction) and comments from ENVIRON, the consulting firm that, on DBOC’s behalf, evaluated the DEIS and especially the soundscape sections.

05-31-13 Marin Voice: Finding an oyster accord

Jane Gyorgy — Sun, 02 Jun 2013 13:17:35 +0000

If I had been Interior Secretary Kenneth Salazar?

I would have granted the 10-year extension. I would have asked the scientists to continue their environmental studies, without pressure.

I would have made such critics as Corey Goodman a full part of this process. And I would have asked Congress to make it clear that, if given a clean bill of health, oyster farming could continue.

To my ear, it is not a discord in the special music of Point Reyes.

Marin Voice: Finding an oyster accord

By John Hart
Guest op-ed column

Posted: 05/31/2013 05:36:00 AM PDT
Click photo to enlarge

david sanger

AS THE AUTHOR of a recent book on Point Reyes, I find myself in a no-man’s-land between the fronts in the oyster wars. Here is what I think I know.

Point No. 1: Point Reyes is not a “wilderness park.” Unlike classic units of the National Park System, it was not created from federal land in far-off mountains. And the seashore is simply unique in incorporating — with the blessing of Congress — large areas of functioning farmland. The historic use of Drakes Estero to produce oysters is not different in kind from the historic use of adjacent pastures to produce milk and meat.

Point No. 2: Yet wilderness is a valid concept for parts of Point Reyes. The word “wilderness” evokes pristine horizons, but is also a strictly defined legal concept, a zone, within which there are no roads, no resource extraction, and no mechanized access. Even lands that were formerly settled can be placed in this zone, and come to look and feel very wild. About half of Point Reyes, mostly in the south, was zoned wilderness in 1976.

Point No. 3: There was a time when everyone, environmentalists very much included, wanted the oyster farm to continue indefinitely. They also wanted wilderness for Drakes Estero. They got around the seeming clash by endorsing oysters-in-wilderness as a “nonconforming use.” IJ letter writer Jim Linford has recently revived this position. It was the Park Service that balked, so a brand new label was invented for the estero and a few other areas: “potential wilderness.” The estero would be highly protected but without the wilderness label, so long as the oyster farm was there.

Point No. 4: Congress favored oysters, yet quietly wrote language implying that the farm should leave. These words are not in the law but in one of the committee reports accompanying it. They state, as a general principle, that “potential wilderness” should be converted to full wilderness as soon as possible.

Point No. 5: Congress later revised this instruction. Sen. Dianne Feinstein’s rider of 2009 allowed the Secretary of the Interior to renew the oyster farm lease, on existing terms, for another ten years. Since the existing lease included a renewal clause, this might arguably have permitted a longer extension. As we all know, Salazar chose not to extend.

Point No. 6: The Park Service has tried to prove that the oyster farm was doing environmental damage, and it has failed. This is my opinion based on an intensive reading of the Environmental Impact Statement and other documents. Studies should continue. Right now the evidence is just not there.

Point No. 7: I doubt that the oyster farm is actually vital to the outstanding cleanliness of the estero. True, filter-feeding oysters are known to clean coastal waters, and some think they do so here. The Park Service argues that the natural flushing of daily tides here dwarfs any filtering effect, and I am (tentatively) convinced.

Point No. 8: I doubt also that a removal of the oyster farm would bring more pressure on the adjacent farmland. Some believe that, without oysters, pollution from cows would become evident in the estero, leading to a campaign to shut down agriculture nearby. But if tidal exchange is overwhelming, any such effect should be very minor.

If I had been Interior Secretary Kenneth Salazar?

I would have granted the 10-year extension. I would have asked the scientists to continue their environmental studies, without pressure.

I would have made such critics as Corey Goodman a full part of this process. And I would have asked Congress to make it clear that, if given a clean bill of health, oyster farming could continue.

To my ear, it is not a discord in the special music of Point Reyes.

John Hart of San Rafael is an environmental writer and author of “An Island in Time: 50 Years of Point Reyes National Seashore.