Drakes Bay Oyster Company & the National Park Service

US Senate Committee on Environment and Public Works 02-13-12

Jane Gyorgy — Mon, 13 Feb 2012 18:27:49 +0000

Senators Vitter and Inhofe to Secretary Salazar: “On three occasions in 2009, while the Jarvis nomination was being vetted, Dr. Corey Goodman, an elected NAS member, submitted three letters to you detailing a case of serial scientific misconduct by Jon Jarvis and NPS officials and scientists under his direct supervision…We are in possession of the three letters dates April 27, 2009, May 10, 2009 and May 16,2009. That a distinguished member of the NAS would need to send such letters of concern to you directly is distressing. Even more distressing is the fact that you have failed to respond.”

For the full statement click on this link:

http://1.usa.gov/zp1jfD

Letter from Senators Vitter and Inhofe to Salazar 02-13-12 http://1.usa.gov/wQIK4G

05-11-2009 DBOC Letter to Jarvis

Jane Gyorgy — Sat, 31 Dec 2011 21:58:39 +0000

Click on the link below to see the letter.

2009 05 11 – DBOC to NPS Jarvis re NAS report (letter)

05-11-2009 DBOC Letter to Jarvis Goes Unanswered

Jane Gyorgy — Sat, 31 Dec 2011 21:52:10 +0000

2009 05 11 – DBOC to NPS Jarvis re NAS report (letter)

Click on the link above to see the letter.

When the NAS Report came out in 2009, Jon Jarvis, at that time Regional Director for the NPS, gave a series of media interviews (PR light, West Marin Citizen, SF Chron, ABC-KGO, AP and others). His statements posed contradictions and raised a series of questions. The Lunnys asked those questions the attached letter, which went unanswered.

Jarvis and the Park Service didn’t even acknowledge the inquiry, let alone answer it. Follow-ups to Jarvis, Dan Wenk (the NPS Deputy Director at the time) and Will Shafroth (the Deputy Assistant Secretary of the Interior for Fish, Wildlife and Parks at the time), also went unanswered.

Jarvis, along with Neubacher and others worked, not to implement the NAS recommendations, but to challenge the NAS findings with the submittal of a petition to the Marine Mammal Commission (MMC) predicated on the assertion that NAS, with regard to harbor seals, got it wrong.

The Sierra Club-NPCA petition to the MMC stated conclusions, but failed to set forth any level of detailed justification of what NAS got wrong, why it was wrong and why or how NPS had data and evidence to support their-oft-repeated (but never defined) claims of environmental harm. That NPS “data and evidence” still remains elusive today.

Judge for yourself. How did the Lunny family respond to the NAS Report? Professional? Responsible? Reasoned? How did NPS respond? Compare. Then ask, by what authority does NPS “blow off” the Lunny letter?”

When NPS (Jarvis) failed to respond, did they/he violate a stack of policies, rules, guidelines and Codes? How about the Presidential ExOrder on Cooperative Conservation? What about the NPS Code of Scientific and Scholarly conduct? How about Obama’s directives on transparency? How about plain ol’ common courtesy? How about manners? There’s a conflict – of course there’s a conflict. That’s a reason to engage, talk, come together – work things out. Not NPS. Delay, drag-out, drive up costs (remember, Don Neubacher once told the Lunnys – “I don’t have to pay for my attorneys…”).

NPS – Jarvis – had no interest in upholding, adhering to or even considering the NAS report. It’s conclusions on cultural issues represented a serious problem for them. Same with harbor seals. NAS, with the agenda manipulated by NPS and the table hopelessly tilted, still came down hard on NPS. So, the Park Service had to dispatch – get rid of — the NAS report. They had to purge it. And they did. Step one. Go to the Marine Mammal Commission. Step two – the NPS Draft EIS eliminates the NAS Report that eliminated it – in its entirety (even though Congress, by law, directed them to be guided by it). Step three – just ignore the Lunnys.

Fast forward – what is known about the EIS? Consider:

NAS Report – EXCLUDED.
281,000 secret spy camera photos (and logs) – EXCLUDED.
99% of harbor seal disturbances (all non-oyster farm related) – EXCLUDED.
All of Dr. Goodman’s papers, reports, letters, Power Points (not one cited in the 37-page, 400+ item DEIS References) – EXCLUDED.
Both of Dr. Sarah Allen’s studies revealing harbor seals habituate to disturbances they consider non threatening as well as . - EXCLUDED

That’s just for starters. Excluding the inconvenient is the real theme of the DEIS.

12-18-11 Drakes Estero Oyster Farm a Natural Fit

Jane Gyorgy — Sat, 24 Dec 2011 20:12:53 +0000

12-18-2011 Gary P. Nabhan and Jeffrey A. Creque in SF Gate.com article”The intent guiding the Point Reyes National Seashore General Management Plan makes “potential wilderness, agriculture, ranching and mariculture all co-equal management objectives.” Tragically, for the past eight years, the Park Service has attempted to obfuscate the clear intent of Congress: to establish Point Reyes National Seashore as a cultural landscape where dairy farms, ranches and shellfish aquaculture would demonstrate to the American public that conservation and sustainable food production are indeed compatible.

The Park Service now asserts that the oyster farm is not compatible with wilderness and must be removed. Can memory loss within the Park Service be reversed? It can and must, given the Park Service’s near-decade of denial of the original operating instructions for Point Reyes National Seashore.”

For the full article Click this link: 12-18-2011 Drakes Bay Oyster Operation – a Natural Fit

12-23-11 Nat’l Parks Traveler “Congress Wants NAS to Review Studies”

Jane Gyorgy — Sat, 24 Dec 2011 05:30:28 +0000

12-23-11 in the National Parks Traveler reports today on language inserted into an appropriations bill calling for the National Academy of Sciences to evaluate the [POINT REYES NATIONAL SEASHORE'S] agency’s science. For the full article, click the link below.

12-23-11 NPT article “Congress Wants NAS to Review Studies at PRNS

12/10/2011 NorCal Oyster Farm Dispute Spreads to Capitol Hill

Jane Gyorgy — Sat, 10 Dec 2011 19:56:18 +0000

NorCal Oyster Farm Dispute Spreads to Capitol Hill

By JASON DEAREN Associated Press

POINT REYES NATIONAL SEASHORE, Calif. December 10, 2011 (AP)

http://abcnews.go.com/US/wireStory/norcal-oyster-farm-dispute-spreads-capitol-hill-15128432

12/10/2011 Former Assemblyman Says Original Legislation Favors Oyster Farm

Jane Gyorgy — Sat, 10 Dec 2011 19:51:44 +0000

12/10/2011

Marin Voice: Former assemblyman says original legislation favors oyster farm

By Bill Bagley
Guest op-ed column

Posted: 12/10/2011 05:50:00 AM PST

http://www.marinij.com/opinion/ci_19512853

12/08/2011 7700 letters – 47 States, 29 Countries in Support DBOC – Delivered to PRNS

Jane Gyorgy — Sat, 10 Dec 2011 19:15:28 +0000

12/08/2011 Drakes Bay Oyster Company Submits Comments to NPS EIS on behalf of 7,700 Seashore Visitors from 47 States and 29 Countries

20111208 DBOC 7700 letters to PRNS

12-07-2011 University of Ca Agriculture & Natural Resources

Jane Gyorgy — Thu, 08 Dec 2011 22:41:57 +0000

On 12/07/2011 Ellie Rilla, Community Development Advisor and Lisa Bush, Agricultural Ombudsman with the University of California Agriculture and Natural Resources Cooperative Extension, Marin County sent the following letter to the Superintendent of Point Reyes National Seashore and cc’d Senator Dianne Feinstein in support of the Oyster Farm.

UofC Extension 12-07-2011

12/07/2011 Co-Founders of Marin Agricultural Land Trust Weigh In

Jane Gyorgy — Wed, 07 Dec 2011 02:10:55 +0000

“Marin County’s agriculture and open space, whether publicly or privately held, are inextricably interconnected. The balance is tenuous, and it’s not unfathomable that all of it—the park, open space, organic food, agritourism—could rapidly evaporate. Once Drake’s Bay Oyster Company gets forced out, there will be a clear road map for eliminating the rest of agriculture in the Point Reyes National Seashore. As the farming dominos fall, so will critical mass of agricultural infrastructure, making the future of Marin agriculture increasingly uncertain, putting at risk all of our hard-won gains. In short, productive farming is critical to preserving open space.”

7:15 pm” href=”http://www.michaelstraus.org/2011/12/06/ellen-oysters-and-agriculture/”>December 6, 2011 by here to send a letter of support.

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Ellen, Oysters and Agriculture

by Michael Straus

Mom (farmer) and Phyllis Faber (environmentalist), Co-Founders, Marin Agricultural Land Trust, the nation’s pioneering agricultural land conservation organization. (photo: www.ArtRogers.com)

Ellen Straus, my mother, died nine years ago, here on the farm that she so cherished, with a view of Tomales Bay and the Point Reyes National Seashore. I have a pretty good idea of what she would say about current battle pitting Drake’s Bay Oyster Company, environmentalists, farmers and government officials: “Nonsense!”

Mom spent a lifetime dedicated to protecting, preserving and promoting the environment. She attended countless meetings and commanded respect because she listened deeply to all parties and forged common ground when others were ready to quit.

The phone never stopped ringing in our farmhouse—including and invariably during dinner, when my father, a dedicated and outspoken environmentalist, would nonetheless quip, “It’s the environment calling.”

Our kitchen was the scene of endless, often cantankerous meetings, where ranchers and environmentalists would congregate (not a common scene, especially in the 1980s and 90s), brought together by mom’s ineffable charm, relentless persistence and seemingly endless supply of cheesecake. Time and again, she helped steer folks to consensus on vital issues.

Today, it’s easy to take for granted the marriage of farming and the environment— the Marin Agricultural Land Trust protects nearly half of agricultural land from sprawl development, and serves as a nationally recognized model for land conservation. Marin Organic pioneered the concept of merging local food, organic certification and farmers committing to sustainability principles over and above mere regulatory requirements. A-60 zoning has staved off the worst of urban sprawl, and the Point Reyes National Seashore demonstrated that government can successfully protect the environment while acknowledging the vital role of responsible farm stewardship.

My parents were ranchers and environmentalists. They saw beyond the “us versus them” mentality that ran and still runs rampant in our community and country. They knew, beyond a doubt, that the future of Marin would depend on our ability to work together, to innovate, and, above all, to find common ground.

Just a few decades ago, this entire region was slated for massive housing subdivision and urban sprawl. Today’s Marin County—all of it, with the park and ranches, the urban and rural communities—owes thanks to the tireless collaboration efforts of the Environmental Action Committee of West Marin, Marin County Farm Bureau, Sierra Club, Marin Conservation League, visionary politicians and environmental leaders who rose up to speak with one, unified voice. Their efforts transformed environmental catastrophe into one of the nation’s true environmental success stories.

Marin County’s agriculture and open space, whether publicly or privately held, are inextricably interconnected. The balance is tenuous, and it’s not unfathomable that all of it—the park, open space, organic food, agritourism—could rapidly evaporate. Once Drake’s Bay Oyster Company gets forced out, there will be a clear road map for eliminating the rest of agriculture in the Point Reyes National Seashore. As the farming dominos fall, so will critical mass of agricultural infrastructure, making the future of Marin agriculture increasingly uncertain, putting at risk all of our hard-won gains. In short, productive farming is critical to preserving open space.

Because none of the progress we’ve made is permanent. If agriculture fails in the region, we will face new (and likely more fatal) battles with urban conversion. Mom knew that saving the land was only the first step, and that a long-term successful model would depend on the land being in active, responsible production, and community support for the local food system.

Here in Marin County, we have created a model that has already inspired dozens, if not hundreds, of communities across the nation. Our solutions weren’t created by decree, but by consensus and the development of public-private partnerships. Now, more than ever, these victories must be preciously guarded.

If Mom were here, she’d ask, “How can we do things differently? What will it take for the park and farms to coexist? How much cheesecake do I need to make today?”

Do we have the courage to follow the path forged by our elders? A path matching passion with restraint, determination with compassion and, above all, demonstrating a fierce conviction that only by true consensus will we be able to preserve the beauty that we all cherish so deeply?

That’s what Mom did, week after week, year after year. Marin hasn’t become the hotbed of sustainability by accident, but by forging common ground, step by often-agonizing step. My parents, Jerry Friedman, Sue Jacobs and so many hard-working community members are long gone. But we—all of us—have a unique opportunity to continue their legacy as stewards of the land. But, to honor their memory, we must be willing to listen to each other.

Mom would support the Lunnys, advocate for continued farming in the park, and find a way to work together. She’d insist that the only viable solution would be a win-win. She would be outraged and saddened at the state of affairs, but wouldn’t give up until the needs of the environmental and agriculture were successfully addressed.

Please add your support for the Collaborative Management Alternative at DrakesBayOyster.com by December 9.

Michael Straus, whose family has helped shape the sustainable agriculture dialog for over 50 years, blogs at www.MichaelStraus.org.