08-05-16: NPT Anti-Ranch Activists Use Familiar Playbook

Op-Ed | Anti-Ranch Activists Use Familiar Playbook

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Tule elk at Point Reyes National Seashore/NPS

Editor’s note: The following column was written by Sarah Rolph, who is writing a book on how an oyster farm lost its lease at Point Reyes National Seashore in California.

To those of us who were close observers of the dis-information war conducted against Drakes Bay Oyster Farm by a clique of activists wearing the mantle of environmentalism, it is readily apparent that a dis-information war is being waged against the Point Reyes ranchers by a similar clique of activists wearing that same green disguise.

Before bringing suit against Point Reyes National Seashore to stop its Ranch Comprehensive Management Plan, the anti-ranch groups took advantage of that plan’s public scoping process to prepare the battlefield with a false narrative.

In addition to sending anti-ranch letters in their own names, these groups also spent time and money to create the false impression that their message is popular by using their membership mailing lists to orchestrate thousands of public comments that echo the group’s narrative. It’s the same playbook the anti-oyster-farm activists used:  alarm the group’s gullible if well-meaning membership with a false narrative, give them a form letter or talking points with which to swamp the public process, then issue a press release claiming the public has spoken.

The anti-oyster-farm activists spent big bucks, generating an astonishing 45,000 exact-match form letters calling for the removal of the oyster farm. These form letters made up about 90 percent of the total comments received; months later, when public interest had died down, these 45,000 comments would be quietly set aside from the total count as the NEPA law requires for exact-match form letters, yet the wildly inflated numbers were still quoted in the press and in court.

In the case of the Ranch CMP, the effort was more modest. Still, they pushed the number of comments to over 3,000. When you think about it, there’s very little chance that 3,000 people had something substantive to say about the scoping phase of a narrowly-focused planning effort in Point Reyes, California. The notion that these are all sincere public comments seems even more unlikely when one learns that 75 percent of these comments came from outside the state. And 13 percent were international! I guess you go to war with the mailing list you’ve got.

I’ve done several of these public-comment analyses now, and the responses are striking in their lack of originality. The campaigns usually encourage recipients to modify the example letter, but most people don’t. For the anti-ranch campaign, most of the letters were based on a set of professionally prepared talking points. It doesn’t take much detective work to identify them, because a lot of people sent in the list verbatim. (And it’s clear who sent the talking points around, because the same exact points can be traced to the letters signed by the anti-ranch groups.)

The list reads:

  • Private ranching operations do not benefit the public for which this National Seashore was created.
  • NPS needs to phase out the current leases and as they expire, take back and administer the approximately 28,000 acres of “pastoral zone,” on behalf of the American public who paid for it.
  • During the time of phasing out ranching leases, the NPS must ensure a peaceful co-existence between cattle and wild animals, including tule elk.
  • As the true historic grazer, the tule elk are native and belong in this area, not cattle.
  • Ranchers have an obligation to co-exist and be complimentary to the native wildlife, not the other way around. Thus, there is no need for “relocation” or any other “removal” of tule elk.
  • Should the need arise to reduce the tule elk population at some point, no lethal methods may be employed. Instead, cost-efficient and effective immunocontraception should be implemented as was done successfully between 1998 and 2000.
  • I ask that you discontinue private ranching operations and restore the coastal prairie to a large natural preserve in close vicinity to the San Francisco Bay area for the wildlife and people to enjoy.

Recipients of this list would never know that protecting the ranches was central to the creation of the National Seashore. Here’s what former Interior Secretary Salazar said about the ranches in his decision memo about Drakes Bay Oyster Company, which directed Point Reyes National Seashore officials to provide the ranches with 20-year permits:

“Long-term preservation of ranching was a central concern of local interests and members of Congress as they considered legislation to establish the Point Reyes National Seashore in the late 1950s and early 1960s… Congress…recognized ‘the value to the Government and the public of continuation of ranching activities, as presently practiced, in preserving the beauty of the area.’ … These working ranches are a vibrant and compatible part of Point Reyes National Seashore, and both now and in the future represent an important contribution to the Point Reyes’ superlative natural and cultural resources.”

Compare this reminder of the Seashore’s actual history to the fictive hyperbole offered by Western Watershed Project in its Ranch CMP scoping letter:

“Sadly, the Point Reyes peninsula and adjacent National Park Service lands have had a long history of livestock grazing to the detriment of the area’s natural and cultural resources. In the pastoral zone, the visiting public who the Park was established for, are not treated to a vibrant landscape as befits a National Park but instead are faced with a blasted landscape littered with rancher paraphernalia, cattle pats, and fences that restrict their access to the extent that parts of the Park do not even look like they are open to the public.”

This group either didn’t do its homework or purposely presented a false message. Point Reyes is a National Seashore, not a National Park. Its Pastoral Zone was created specifically to protect the ranches, to avoid harming the area’s agricultural economy and to increase local support.

Nor is it true that the Pastoral Zone resembles a “blasted landscape.” At their website, Western Watersheds takes this lie even farther, with claims such as: “The so-called ‘Pastoral Zone’ is a visual blight, harms water quality, and limits recreational uses of this national treasure.” These claims are untrue.

Recipients of the anti-ranch talking points would also never know that the elk in PRNS are a recently re-introduced species, that the Seashore has done a poor job managing its elk experiment, or that an elk management plan that has been in place since 1998 promised to protect the ranches from the elk.

Nor, of course, would they ever know that PRNS has broken that promise, and that the ranchers are suffering elk-related losses.

The ranchers fully understand that the public loves the elk and that the park is invested in the tourist attraction it has created. They are not asking for the elk to be removed from the Seashore. All they want is for the re-introduced elk to be managed properly, as the Seashore promised it would do when it began its experiment with the free-roaming elk in Limantour wilderness that have now (predictably) spread to the Pastoral Zone. All they are asking is that the elk be prevented from killing their cattle, destroying their fences, and grazing on the pastures and hay that the ranchers care for and pay for.

In their disregard for the truth, their use of a false narrative, and their abuse of the NEPA process, the tactics of the anti-ranch activists closely resemble those of the anti-oyster-farm activists.

But at least the oyster-farm adversaries didn’t pretend they weren’t working against the oyster farm.

The anti-ranch groups have been deceptive about their goal. At the same time they were sending out emails asking people to repeat talking points like, “I ask that you discontinue private ranching operations,” they were claiming not to be anti-ranch. As recently as last month, in a press release dated July 19, these groups (the Center for Biological Diversity, Western Watersheds Project, and Resource Renewal Institute) said, “The lawsuit does not ask the court to stop ranching at the Seashore, nor will the court decide the future of ranching at Point Reyes.”

This is disingenuous in the extreme. These groups are clearly working to stop ranching at the Seashore. Indeed, eliminating ranching on public lands is the stated goal of the Western Watershed Project as an organization.

The Point Reyes ranchers have waited long enough. When Secretary Salazar promised 20-year permits in November 2012, the ranchers thought that settled the matter. Instead, they have been kept hanging all this time, with short-term authorizations that limit their ability to plan and operate their ranches.

When Point Reyes National Seashore decided it needed to create a new public process in the form of a Ranch CMP, the ranchers were disappointed, but they participated in that process in good faith. (The scoping letter from the Point Reyes Seashore Ranchers Association, found here, is extremely informative, and includes a useful report on ranching at Point Reyes.)

Now the anti-ranch activists are suing to stop that process and start a new one, presumably one they feel they can better control. Will they be allowed to do so?

Their suit attempts to force an update of the Seashore’s General Management Plan; historian Laura Alice Watt’s forthcoming book The Paradox of Preservation shows that when a General Management Plan update was initiated back in the late 1990s, a similar campaign of anti-ranch letter-writing was launched by a number of environmental groups. This is a time-tested tactic used by special interests to shape the Seashore’s management into a particular direction.

Point Reyes National Seashore was made possible by its multi-generation ranching families. Through their motion to intervene in the lawsuit, these families are seeking a seat at the table.

Nobody has more incentive to protect the land than those whose livelihoods depend on it. An excerpt from Kevin Lunny’s court declaration (part of the motion to intervene) provides a good example of the careful stewardship of the ranchers:

“Our grazed California Coastal Prairie grasslands support a wide variety of native bird and animal species that I, other seashore ranchers, and many seashore visitors enjoy. Our family has built new fences, adjusted other fence lines, redirected vehicular access to minimize disturbance, protected wetland area, and controlled grazing to enhance habitat for endangered species on the Lunny Ranch, including endangered plant species that are benefited by livestock grazing, for example Sonoma alopecurus. Another example is that grazing helps ward off invasive plant species from taking over the range. Our family ranch has, and continues to provide, ecological benefits by maintaining the native nature of the grassland, thereby maintaining the pastoral scenery and wildlife habitat–one of the significant attributes that led to the establishment of the national seashore.”

The ranchers are the true stewards of this land and the leaders of this community, and have been for generations. The anti-ranch groups have every right to their own opinion, as the saying goes, but not to their own facts.

 Sarah Rolph is writing a book about the historic oyster farm in Point Reyes that was rescued by, and then taken from, Kevin Lunny, who is also a third-generation Point Reyes rancher.

08-01-16 Laura Watt’s Book available now: The Paradox of Preservation: Wilderness & Working Landscapes at PRNS

Available now at Amazon: https://www.amazon.com/gp/product/0520277082/ref=kinw_rke_rti_1

 

The Paradox of Preservation: Wilderness and Working Landscapes at Point Reyes National SeashorePaperback– November 29, 2016

by

Laura Alice Watt (Author)

 

Point Reyes National Seashore has a long history as a working landscape, with dairy and beef ranching, fishing, and oyster farming; yet, since 1962 it has also been managed as a National Seashore. The Paradox of Preservation chronicles how national ideals about what a park “ought to be” have developed over time and what happens when these ideals are implemented by the National Park Service (NPS) in its efforts to preserve places that are also lived-in landscapes. Using the conflict surrounding the closure of the Drakes Bay Oyster Company, Laura Alice Watt examines how NPS management policies and processes for land use and protection do not always reflect the needs and values of local residents. Instead, the resulting landscapes produced by the NPS represent a series of compromises between use and protection—and between the area’s historic pastoral character and a newer vision of wilderness. A fascinating and deeply researched book, The Paradox of Preservation will appeal to those studying environmental history, conservation, public lands, and cultural landscape management, or to those looking to learn more about the history of this dynamic California coastal region.

5-21-16 Petition to Fire NPS Dir Jon Jarvis

Click on the link below to sign the petition

https://petitions.whitehouse.gov/petition/fire-national-park-service-director-jon-jarvis-we-deserve-director-who-will-uphold-agencys-integrity 

We the people ask the federal government to Tell us what the federal government is doing about an issue:

Fire National Park Service Director Jon Jarvis. We deserve a director who will uphold the agency’s integrity.

As the nation celebrates the National Park Service centennial, we deserve a director who will uphold the integrity of the agency’s mission and values. We urge you to remove Director Jonathan Jarvis.

Jarvis has failed to address numerous and pervasive sexual harassment and hostile work environment violations.

He lied to the Secretary of the Interior and intentionally bypassed the agency’s Ethics Office in order to write an unsanctioned book.

He has failed to discipline park service employees who deliberately omitted and misrepresented scientific data.

And he is pushing for policy changes that would give corporate donors unprecedented influence over park managers and National Park Service decisions.

We and the Park Service cannot wait. Jarvis must go.

Energy & Environment
Government & Regulatory Reform

5-23-16 NPT Congressman Asks for NPS Dir Jarvis’s Resignation

National Parks Traveler

UPDATED: Congressman Asks For National Park Service Director’s Resignation

 

By Kurt Repanshek on June 23rd, 2016

President Obama has been asked to fire National Park Service Director Jon Jarvis if the director does not resign/NPS

Editor’s note: This updates the story to mention that a petition drive calling for Director Jarvis’ removal has been started.

National Park Service Director Jon Jarvis, who has had to deal with his own ethical transgressions and a range of misconduct issues across the National Park System during this, the Park Service’s centennial year, should resign or be fired, a member of Congress has told President Obama.

Additionally, a petition has been launched on We The People, a website that reaches out to the White House, calling for the director’s termination.

Congressman Jody Hice, a Republican from Georgia, wrote the president last week asking that Director Jarvis be asked to resign. In the letter (attached) the congressman cited the director’s run-in with the Interior Department’s Ethics Office for not clearing a book he wrote for a Park Service contractor, the well-publicized case of long-running sexual harassment in Grand Canyon National Park, and another case of sexual misconduct at Canaveral National Seashore.

“Regrettably, in these cases — and others — the proper form of discipline was not pursued,” Rep. Hice wrote. “In the case of Director Jarvis’ book deal, the only punishment he faced was that he was stripped of his authority to implement the Park Service’s Ethic’s Program and is required to attend monthly ethics training courses for the remainder of his tenure. Others have either been transferred out of their positions or have been allowed to retire without facing the punishment that fits the misconduct.

“These are just some of the ethical failures and misconduct commited by employees of the National Park Service and the lack of discipline they have faced. Ultimately, Director Jarvis must be held accountable for these actions. Therefore Mr. President, I believe that the time has come for you to call on Director Jarvis to tender his resignation as the Director of the National Park Service. Should he choose not to resign, I believe that you must relieve him of his duties immediately.”

This past Tuesday a petition drive calling for Director Jarvis’ removal was launched on We The People. If 100,000 people sign the petition by July 21, the White House will respond to the request, according to the website. The petition, created by “A.B.,” states:

As the nation celebrates the National Park Service centennial, we deserve a director who will uphold the integrity of the agency’s mission and values. We urge you to remove Director Jonathan Jarvis.

Jarvis has failed to address numerous and pervasive sexual harassment and hostile work environment violations.

He lied to the Secretary of the Interior and intentionally bypassed the agency’s Ethics Office in order to write an unsanctioned book.

He has failed to discipline park service employees who deliberately omitted and misrepresented scientific data.

And he is pushing for policy changes that would give corporate donors unprecedented influence over park managers and National Park Service decisions.

We and the Park Service cannot wait. Jarvis must go.

5-23-16 E&E Daily: Lawmaker calls for Jarvis to resign

Another congressman this morning joined the small band of lawmakers questioning whether Jonathan Jarvis should continue to lead the National Park Service.

Rep. Jody Hice (R-Ga.) announced during a House Natural Resources subcommittee hearing that he had sent President Obama a letter last week urging him to ask Jarvis to resign over the director’s decision to write an unauthorized book for an NPS concessionaire.

“Should he choose not to resign, I believe you must relieve him of his duties immediately,” the congressman wrote.

Reps. Jason Chaffetz (R-Utah) and Elijah Cummings (D-Md.), the chairman and ranking member of the House Oversight and Government Reform Committee — on which Hice also sits — have previously argued that Jarvis may need to step aside (Greenwire, June 14).

In both the letter and today’s Subcommittee on Oversight and Investigations hearing, Hice said he was upset both by Jarvis’ initial decision and his response to congressional oversight of that mistake, as well as instances of sexual harassment and other ethical violations at NPS exposed by Interior’s Office of Inspector General.

E&E Daily

INTERIOR:

Lawmaker calls for Jarvis to resign

Corbin Hiar, E&E reporter

Published: Thursday, June 23, 2016

Another congressman this morning joined the small band of lawmakers questioning whether Jonathan Jarvis should continue to lead the National Park Service.

Rep. Jody Hice (R-Ga.) announced during a House Natural Resources subcommittee hearing that he had sent President Obama a letter last week urging him to ask Jarvis to resign over the director’s decision to write an unauthorized book for an NPS concessionaire.

“Should he choose not to resign, I believe you must relieve him of his duties immediately,” the congressman wrote.

Reps. Jason Chaffetz (R-Utah) and Elijah Cummings (D-Md.), the chairman and ranking member of the House Oversight and Government Reform Committee — on which Hice also sits — have previously argued that Jarvis may need to step aside (Greenwire, June 14).

In both the letter and today’s Subcommittee on Oversight and Investigations hearing, Hice said he was upset both by Jarvis’ initial decision and his response to congressional oversight of that mistake, as well as instances of sexual harassment and other ethical violations at NPS exposed by Interior’s Office of Inspector General.

“I’ve been shocked at the culture of corruption and misconduct that has been allowed to persist at the National Park Service,” he said.

He asked Mary Kendall, Interior’s deputy inspector general, about an apology email Jarvis sent to all NPS employees over the book deal (Greenwire, June 2).

“I thought it was terribly qualified and not as sincere as I would like to have seen,” said Kendall, whose office is working on at least one additional report of sexual harassment at NPS.

There was no one at the hearing to take the beleaguered director’s side. Rep. Darin LaHood (R-Ill.) said the subcommittee had invited Interior to provide a high-level representative to testify; the agency sent Steve Guertin, the Fish and Wildlife Service’s deputy director of policy. And ranking member Debbie Dingell (D-Mich.) and the rest of the subcommittee’s Democratic members declined to attend after a daylong sit-in over gun control and a series of late-night votes.

The Republicans also lamented the lack of any representative from the Department of Justice. They had invited Attorney General Loretta Lynch to send someone to explain why DOJ has declined to prosecute 17 of the 29 criminal cases that the OIG has sent to the agency over the course of six months.

“Rather than send a witness, DOJ instead put off the committee for days, questioned committee staff as to whether this committee has the right to request their presence at the witness table and ultimately suggested that we read the ‘Principles of Federal Prosecution’ online instead,” said subcommittee Chairman Louie Gohmert (R-Texas).

“Let me make this clear: It is completely appropriate for this committee to request the presence of the Department of Justice at the witness table,” he added. “We have a valid interest in its involvement in these OIG investigations, and in learning, from DOJ itself, about its processes for handling OIG referrals. The Department of Justice’s refusal to be here today makes me wonder what their motivations for failing to prosecute these cases really are.”

The rest of the hearing focused on a series of high-profile cases of misconduct that the OIG has uncovered in recent months.

Guertin sharply criticized Stephen Barton, the service’s former chief of administration and information management for wildlife and sport fish restoration, who repeatedly failed to disclose that the Western Association of Fish and Wildlife Agencies paid him more than $375,000 over seven years for his services. FWS has sent Barton a collection notice to recoup more than $96,000 it paid on flights that allowed him to work both jobs (Greenwire, June 8).

Full committee Chairman Rob Bishop (R-Utah) had questions for Kendall about the Interior Department’s former regulatory chief, who the OIG found had “used her position and influence” to hire a young man who appears to be a family friend over more qualified veteran applicants (E&E Daily, June 23).

Lawmakers also sought to assess the damage caused by a U.S. Geological Survey lab in Colorado that an OIG report found consistently manipulated lab results that are used by the Energy Resources Program and many other entities from at least 2008 to 2014, and possibly as far back as 1996.

Twitter: @corbinhiar Email: chiar@eenews.net

4-25-16 Marin Voice: Point Reyes lawsuit undermines Marin’s progressive traditions

Huey Johnson, and those who wish to ban ranching in Point Reyes National Seashore, are cherry-picking documents, rewriting history, gulling Marin, the courts and the public by redeploying the same tactics used against Lunny’s oyster farm: withhold and selectively edit not only laws and legislation but original documents they cite to justify their actions, then import and invent new data to suit.

Specifically, the plaintiffs’ case against Point Reyes’ ranchers cites one section of the 1916 legislation that established the National Park Service, supporting their contention, while ignoring its historic Marin County origins and intent, admitting only in legal fine print that a section immediately below permits the activity they wish to ban.

*     *     *     *     *

The filing does not cite Section 3: “… The Secretary of the Interior may, under such rules and regulations and on such terms as he may prescribe, grant the privilege to graze livestock within any national park, monument or reservation herein referred to when in his judgement such use is not detrimental to the primary purpose for which such park, monument, or reservation was created, except that such provisions shall not apply to the Yellowstone National Park.”

Marin Voice: Point Reyes park lawsuit undermines Marin’s progressive traditions

A cow crossing sign stands along Sir Francis Drake Boulevard at the Historic Ranch C on the grounds of Point Reyes National Seashore in Point Reyes Station, Calif., on Wednesday, Feb. 10, 2016. Environmentalists have sued the National Park Service, seeking to block the agency from granting 20-year leases to ranchers at the park until environmental studies are completed of the impact of the cattle on the park’s water, wildlife and public recreation.(Gary Reyes/Bay Area News Group)

By John Hulls

Posted: 04/25/16, 2:32 PM PDT | Updated: 7 hrs ago

Huey Johnson, and those who wish to ban ranching in Point Reyes National Seashore, are cherry-picking documents, rewriting history, gulling Marin, the courts and the public by redeploying the same tactics used against Lunny’s oyster farm: withhold and selectively edit not only laws and legislation but original documents they cite to justify their actions, then import and invent new data to suit.

Specifically, the plaintiffs’ case against Point Reyes’ ranchers cites one section of the 1916 legislation that established the National Park Service, supporting their contention, while ignoring its historic Marin County origins and intent, admitting only in legal fine print that a section immediately below permits the activity they wish to ban.

Their publicity quotes, from the National Park Service Act, Section 1, that the park service’s “… mission is to ‘conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of same in such a manner and by such means as will leave them unimpaired for future generations.’”

The filing does not cite Section 3: “… The Secretary of the Interior may, under such rules and regulations and on such terms as he may prescribe, grant the privilege to graze livestock within any national park, monument or reservation herein referred to when in his judgement such use is not detrimental to the primary purpose for which such park, monument, or reservation was created, except that such provisions shall not apply to the Yellowstone National Park.”

The full language reflects its Marin history and intent, when in 1915, Marin Congressman Bill Kent sponsored the National Park Service Act.

President Woodrow Wilson signed it into law on Aug. 25, the following year.

In 1905 Kent had also saved an inaccessible redwood grove from being harvested for rebuilding after the San Francisco Earthquake. His family donated it to the United States.

President Theodore Roosevelt, using the power of the Antiquities Act, declared it a national monument, suggesting that the woods be named after him.

Kent demurred and recommended naming the grove after their mutual friend, guide to the president on his wilderness trip to Yosemite: John Muir.

The lawsuit is clever, clearly a legal, PR and fund-raising tool. The litigants’ website and press releases create the false image of environmentalists stopping a reckless park service from bowing to the financial benefits of “welfare ranchers” trashing the environment … so send money.

They cite discredited documents, including the park service’s economic study, unsubstantiated references to a huge industrial footprint and allegations of water pollution from cattle, claiming that “everyone knows” grazing is bad, ignoring the benefits of sustainable practices.

Videos of West Marin on the Marin Agricultural Land Trust website reveal the falsity of the allegations and show how modern ranching sustains and preserves our beloved landscapes.

Johnson, the Center for Biodiversity and Western Waterways are implacably opposed to grazing. After the closing of the oyster farm, they see an opportunity to advance their ideology using similar tactics.

As ideologues, looking to retrieve a past that never was, they want to exclude those who disagree with them.

The original 1916 Act refutes their lawsuit’s claims.

Note Marin’s 100-year progressive traditions: Bill Kent’s legislation, Caroline Livermore and friends who in the 1930s hired a planner to anticipate the impact of the newly opened Golden Gate Bridge, and state Sen. Peter Behr’s 1969 gathering of disparate elements, including the ranchers, into the Save Our Seashore campaign that in 1972 finally saved Point Reyes National Seashore.

To support ideological obsession, click the “donate” button and await the next lawsuit.

Or continue Marin’s environmental tradition of education, inclusion and planning for a practical future that benefits everyone.

An easy choice.

John Hulls, a former West Marin resident, is an environmental researcher and scientific coordinator who has been involved in local issues.

2006 First False claim published by NPS, staff scientist Dr. Sarah Allen, lead author

2006:  First false claim published by NPS. Point Reyes National Seashore (PRNS) staff scientist Dr. Sarah Allen, lead author of PRNS publication “Drakes Estero, A Sheltered Wilderness Estuary” reports oyster farm operations are harming the ecology of the estero and begins a campaign to shut down the historic operation. The agency has no evidence for these allegations.

The fraudulent Sheltered Wilderness report appears to have been a response to the May 18, 2006 Point Reyes Light article Drakes Bay Oyster Farm Has Little Impact On Estero. The evidence for this is reported by Dave Mitchell in this must-read story about the early history of the Drakes Bay Oyster Farm tragedy. (Mitchell is former editor and publisher of the Point Reyes Light, which won the Pulitzer Prize in 1979 for Mitchell’s story on the Synanon cult. We are grateful that his important early work about NPS mistreatment of Drakes Bay Oyster Farm is still available online.)

For more, go to:

http://savedrakesbay.com/core/history-of-false-science-about-dboc/

4-26-16 savedrakesbay.com Errors, Omissions, and Distortions in “The Oyster War” book by Summer Brennan

http://savedrakesbay.com/core/oyster-war-list-of-errors-and-omissions/

Oyster War Error List

 

Page 1                  “a reporter covering the war between oysters and wilderness”

So far the Drakes Bay Oyster controversy has extended to 120 months. Brennan claims to have direct knowledge of the situation based on the 5 months she spent in West Marin in 2012, working for the Point Reyes Light. During her summer at the Light, Brennan wrote over 40 features and obituaries. Only 5 stories were about Drakes Bay Oyster Company. During this same period, the Light published 4 stories about DBOC bylined “Light Staff.” Brennan was not covering the story in the sense she implies. If it had been her beat, or a serious part of her job, one would expect her to have visited the oyster farm at least once during her summer in West Marin. She did not, even after Kevin expressly invited her in an email in July 2012.

Page 9                  Brennan claims that an oyster worker given the pseudonym “Oscar” was fired after taking her for a ride in an oyster boat. Nobody was fired. Hugo, the worker who took Brennan out on the boat, quit his job at the oyster farm and went to work for Dave Evans in West Marin. He now lives in Reno, not in Mexico still looking for work as reported at the end of the book. One phone call would have yielded this information. Instead, Brennan wove a tale around an assumption. The whole story of the boat tour is highly fictionalized. According to Hugo, in the account he gave to the farm managers at the time, Brennan told him she was authorized to accompany him, when she plainly was not.

Page 18                Drakes Bay Oysters were “hearty and often quite large, with an overpowering creaminess.” They came in all sizes and were usually described as very briny. See Rowan Jacobsen.

Page 18                “Chefs say they are better cooked than raw.” Highly unlikely. Who supposedly said this?

Page 52                Here and in many other places, Brennan falsely claims that there were never any native oysters in the area. NPS used a similar argument for similar reasons—when the NAS panel pointed out that one benefit of oyster farming overlooked by the park service is that the farmed oysters provided ecological services, which made up for the native oysters that would have been there had they not been overharvested roughly 100 years ago, NPS pushed back with the assertion that the historical numbers of native oysters were lower than had been assumed. Brennan is the first to claim there were never ANY native oysters, and the claim is absurd.

Page 65               Fred Smith seems to be a key source. He is presented as an important person in the story, with a detailed, sympathetic portrayal. Brennan fails to disclose that she is friends with him. She also fails to report the one significant interaction Smith had with the oyster farm:  sending a letter to the water board about alleged pollution at the oyster farm–false charges that were immediately dismissed. Fred Smith left EAC in 2010, four years before the shutdown of the farm. Yet he is presented as if he is the key EAC figure; the work of Amy Trainer, who was in fact the key anti-oyster-farm operative at EAC for the crucial years of 2010 – 2014, is barely mentioned.

Page 79                This passage uses Fred Smith’s thoughts from several years ago to imply that the ranches are ecologically unsound, and that they don’t belong in a national park unit.

“But as he drove through the Point Reyes National Seashore’s pastoral zone, he was shocked by what he saw. Farms! Industry! Inside a federally protected natural area! Many of the Seashore ranches seemed to be in poor ecological condition, and in a national park! “Why is the park allowing this?” he thought. If things here were handled the way they were in other national parks, Fred thought, if some of the Point Reyes ranches didn’t clean up their act, it was only a matter of time before they would have to go.”

No facts are provided to substantiate this insinuation that the ranches need to be cleaned up.

Page 95                Brennan writes that Ralph Mihan “surveyed the situation” and his “opinion was guided by the Wilderness Act.” Unless Brennan interviewed him, and there is no indication that she did, we don’t know what Mihan did, we only know what the letter says. The letter is suspicious because it is differs from everything else in the public record. Mihan was a field solicitor, a local NPS lawyer, someone Don would have easy access to. Do field solicitors make policy? Do they even discover policy, normally? Here, as in every other case we studied, Brennan takes the NPS narrative at face value; that’s an odd pattern for a so-called journalist.

Page 120              Brennan writes that Drakes Estero was labeled potential wilderness “to be sorted out later.” That’s not what the legislative history shows. Brennan seems to have decided “potential wilderness” is the same as “wilderness.” That’s not the case.

Page 121-126       Brennan conflates John Burton and Phillip Burton into one person. It is former Congressman John Burton who wrote the Point Reyes Wilderness act. His brother, former Representative Phillip Burton, was involved in the GGNRA. (Brennan never refers to John Burton, and on page 126 refers to the wrong Burton when she writes “The idea of ‘potential wilderness’ was first used by Congress in 1976, the year that the Point Reyes Wilderness Act was passed. It was very much in Burton’s style…”) Phillip Burton died in 1983. John Burton is alive and is the current chair of the California Democratic Party.

Page 128, 129      The passage about Congressman McCloskey is surprisingly disrespectful and implies that he is senile. He is not.

Brennan distorts Congressman McCloskey’s involvement in a way that makes it sound like he supported the oyster farm only as an individual, and solely out of personal preference. She writes that Congressman McCloskey “has come out and said that the intention was always to have the oyster farm stay in operation. He’s written letters on the farm’s behalf…” and says that he “uses the presence of the ranches to support the notion” that the oyster farm was meant to say. This is not a “notion,” it is a fact of legislative history.

Congressman McCloskey spelled this out in a letter to then-Secretary Salazar, which was co-authored with former Congressman John Burton and former Assemblyman Bill Bagley. Representative Burton was the lead author of the 1976 Point Reyes Wilderness Act. Bill Bagley wrote the 1965 bill that transferred ownership of waters surrounding Point Reyes to the National Park Service. All three of these men remembered that the oyster farm was expected to stay at the time the Seashore was formed, but they did not rely on memory, but also researched the issue for ten weeks. As was reported in the Point Reyes Light in August 2011, the letter “cites numerous archival documents and testimonies—including statements by former National Park Service Director Conrad Wirth, the Sierra Club and former Assistant Secretary for Fish and Wildlife Nathaniel Reed—that the authors contend collectively prove the legal precedent for the continuation of oystering in Drakes Estero.”

This letter was widely reported in the media because of its importance. Brennan fails to mention it. The letter is not even included in her extensive bibliography.

Page 163              Brennan writes that Kevin Lunny was shown the Mihan letter before the sale was final. This is false, and echoes the NPS/EAC false narrative. The truth is that the Mihan letter was not presented to the Lunnys until after they had turned around the oyster farm. Even the government has acknowledged that the Mihan letter was not provided to the Lunnys until after the purchase and cleanup. Brennan was informed of this by Peter Prows, a member of the Lunny legal team. He told her via email on February 7, 2015 (in response to her mass email to supporters, which she claims nobody responded to):

“The original 1972 contains a renewal clause that says it may be renewed by special use permit for so long as the oyster farm had a valid state water bottom lease — the term is substantially similar to the renewal clause that the other ranchers have been living under for decades. Let me know if you need a copy of the RUO

The Lunnys have told their version of the events leading up to the oyster farm purchase many times, including Don Neubacher’s encouragement. Their most recent thing was an opinion piece in the Light from this summer, Keep On Shucking.

Salazar’s memorandum makes clear that the Lunnys weren’t told the lease wouldn’t be renewed until after they bought the farm. He acknowledges they bought the farm in 2004, and says they weren’t told that the renewal clause wouldn’t be exercised until 2005.

There’s lots more out there on this, but frankly it’s kind of irrelevant once Congress passed Section 124 specifically to override NPS’s (incorrect) position that the lease couldn’t be renewed. Yet in denying the lease renewal, Salazar thumbed his nose at Congress and said, despite this new law authoring him to renew the lease, it would still be against the law to renew the lease. That always was, and still remains, nonsense.”

Pages 165-166     “A small number of pre-historic Olympia oyster shells were found inside shell middens near the estero, i.e. the Olympias, but carbon dating has revealed that those shells varied in age between 1,200 and 2,200 years old—more on that later. These scant shell samples could have come from the estero as living oysters, perhaps during a time when conditions were different, or the shells themselves could have been traded from tribes living further north, where the native oysters were known to be abundant.”

Brennan misunderstood (or is misrepresenting) the purpose of the study. The Sonoma State researchers sampled the bottom of the middens, carbon-dating the oldest oysters, because their purpose was to determine the age of the middens. It was not an oyster study. The middens are loaded with oyster shells. They are not “scant.”

The bottom line: native oysters have been in Drakes Estero going back several thousand years.

Page 169              Brennan repeats NPS Superintendent Don Neubacher’s slander that Kevin “is not good with money” without any further comment, much less refutation, and doesn’t supply any context.

Page 170              Brennan refers to a version of the Elliot-Fisk paper that says the tunicate D. vex was “likely introduced through oyster farming.” Brennan lets this stand even though it is not true. She later points out correctly that the tunicate needs a substrate to grow, and that oysters supply one, but doesn’t point out that the tunicate is a nuisance everywhere, or that the tunicate also clings to rocks, ropes or any other hard surface. The tunicate is believed to move around the world in ballast water and has invaded the temperate regions of the oceans – globally. The tunicate was NOT “introduced” by the farm.

Page 171              Concerning the invasive tunicate, the author writes: “over the years their presence only increased.” As Dr. Goodman has pointed out in court filings based on the scientific literature, there is no evidence to suggest that the tunicate has increased over the past decade.

Page 177              Brennan quotes from Sarah Allen’s April 26, 2007 Trip Report (without giving the date or title) as if it were fact: “She also wrote about the presence of a white boat with two people in it, poling through an eelgrass bed. When the boat went by a group of seals, all but one of the animals flushed into the water.” Brennan fails to mention that Dr. Goodman has presented evidence that this report was fabricated. The evidence clearly shows that the boat in Allen’s description uses a path the oyster boats never took (as documented in the 300,000+ NPS secret camera photos, a DBOC boat never once took this route), that the engine on the oyster boat was broken on this date, that the area where the boat operators were allegedly poling through eelgrass is actually deep water where propeller fouling is impossible, and that at the time of the supposed sighting the workers had long since clocked out (time and date stamped) and gone home.

Page 178              The author fails to report the false claims made by Sarah Allen and Don Neubacher in May 2007 at a meeting of the Marin County Board of Supervisors. That meeting is described in the book, and Brennan quotes Sarah Allen as saying: “The damage of the commercial oyster operations on Drakes Estero is more easily documented, because the park service has over twenty-five years of continuous monitoring data from Drakes Estero.” The Park Service didn’t actually have 25 years of data; Brennan provides a rationalization — in Brennan’s view, it was good enough that Sarah Allen had been studying seals for that long. Brennan then discusses a different aspect of the dispute.

In fact, the most important statement by Sarah Allen at that 2007 meeting was this: “Over the past few weeks we have documented oyster operations disturbing mothers with pups and oyster bags left on sandbars where seals would normally give birth and nurse their pups. The harm is resulting in abandonment of one area where more than 250 seals, including 100 pups 2 years ago occurred in that spot, this year chronic disturbance and placement of bags on the nursery area has caused an 80% reduction in the seals dropping to around 35 this last Saturday. I was out there on Saturday.”

Those charges were false, and they have been proven to be false. Evidence obtained via FOIA shows that even Sarah Allen did not think she had any evidence for those claims. The false charges made their way to NOAA, which would have been very concerned had the claims been true; when NOAA asked Allen for the evidence, she wrote back explaining it did not exist. Allen’s false statement, as well as others, was later retracted by the Park Service. All this is a matter of public record. None of it is reported by Brennan.

Page 181              Feinstein suddenly appears: “but then Senator Feinstein got involved” and immediately she “called a private meeting in Olema” ; Brennan writes that “afterwards, at her request, the Sheltered Wilderness report was taken off the NPS website and replaced with an acknowledgement of errors.”

This passage is an enormous oversimplification that omits the key facts. The Marin County Board of Supervisors formally voted to ask Senator Feinstein to intervene because of serious malfeasance on the part of the NPS. Before deciding to get involved, she asked her staff to look into the matter. Following months of research and investigation, Senator Feinstein’s office found that the park service was lying about the science, the law, and the history. The Senator did not get involved for political reasons, as the book implies.

Page 181              Brennan neglects to mention that a few weeks after the July 21, 2007 Olema meeting (the meeting requested by Senator Feinstein), Jarvis did give Goodman the Park harbor seal database (as the Senator had requested), and his analysis showed that there was indeed an 80% decline, precisely as Gordon Bennett, EAC, and NPS/Don/Sarah had described it numerically, but that this decline occurred at Sandbar A, far away from the oyster lease and oyster boats. There were no oyster bags at all. The likely cause, as shown in the NPS’ own harbor seal monitoring database, was a sudden connection of the sandbar to the mainland, and the resulting disturbance by both predators and park visitors. Allen retracted the 80% claim (using an unconvincing excuse) at the MMC meeting in February 2010.

Page 182              The discussion on this page makes it sound as if Kevin signed the agreement with the surrender clause. He did not. The book omits the key fact that Senator Feinstein and Mary Bomar, then NPS Director, forced Jarvis to remove that surrender clause, and that the removal of that clause is the reason Kevin signed the agreement.

Page 184              Brennan writes of the National Academy of committee tasked to evaluate the scientific data about oyster farming in Drakes Estero: “The committee, dubbed the Committee on Best Practices for Shellfish Mariculture and the Effects of Commercial Activities in Drakes Estero, Pt. Reyes National Seashore, California, included scientists from academic institutions in Oregon, Washington, Rhode Island, Virginia, Massachusetts, Connecticut, Southern California, Ireland and Scotland. The committee was to be overseen by a number of professionals, including scientists from the Monterey Bay Aquarium Research Institute and the Woods Hole Oceanographic Institution, but also representatives from Boeing and Exxon Mobil.”

This is apparently a reference to two members of the Ocean Studies Board (OSB), JAY S. PEARLMAN, The Boeing Company (ret.), Port Angeles, Washington and MARY (MISSY) H. FEELEY, ExxonMobil Exploration Company, Houston, Texas. The makeup of OSB is not relevant to the study. These board members did not “oversee” the project. That notion seems to have been introduced to support the author’s ideological bias against industry and to support the NPS/EAC/Sierra Club attack on the NAS. Both Brennan and these activists have worked hard to obfuscate the fact that the 11 marine ecologists assembled by the NAS, after 15 months of investigation, found no environmental problem with continuing the oyster farming in Drakes Estero.

Page 188              Brennan writes that people didn’t see why the oyster farm “couldn’t be lumped in with” the Pastoral Zone. Here again, she ignores the well-documented legislative history; it was “lumped in” originally. There is clear evidence of this, yet Brennan dismisses the argument without even presenting it.

Page 193              Brennan writes that Kevin told the media he knew the park did not plan to renew the permit. While there is one published interview that seems to quote Kevin saying this (in Marin Magazine, mentioned elsewhere in the book), in most interviews he made it clear that he was first given the Park’s blessing to purchase the farm, then he cleaned it up, and only then did Superintendent Neubacher begin to claim that “his hands were tied” and the farm’s permit could not be renewed. (This happened at roughly the same time the character assassination campaign began.) Because there is no written record of these early discussions, Brennan reached out to longtime Lunny supporter Sarah Rolph to learn whether Kevin had ever been told he might be able to keep the farm past 2012. Sarah made a good-faith effort to explain exactly what Kevin did and didn’t think, know, and believe in these early years, yet Brennan seems to have purposely disregarded it, and in the book, has misrepresented what Rolph said. See Rolph’s letter to Brennan for details.

Page 194              Brennan quotes Kevin as saying “It wasn’t a proposal, it was a bankruptcy proposal.” This out-of-context quote suggests that Kevin’s primary concern was financial. That is not the case. The real issue is that it was a sham offer. Had the author interviewed Senator Feinstein she might have learned that the Senator was extremely angry about having been lied to about this purported offer of a Tomales Bay opportunity that turned out not to exist.

Page 194              Brennan writes that “the park’s wildlife cameras show that (what appeared to be) one of the DBOC boats was indeed present in the estuary when the company’s records indicated that it wasn’t. The workers did not always follow the rules.” These are serious charges – and both false — yet the book provides no evidence for them. The so-called wildlife cameras that Brennan is referring to here were NPS secret surveillance cameras trained on the oyster beds that were monitoring oyster boats and oyster workers. The NPS did make the claim that the photo Brennan refers to showed what “appeared to be” a DBOC boat. This accusation was in an NPS document entitled “Clarification of Law and Policy”. When examined, the photo captured two kayaks, not an oyster boat. Here, again, Brennan repeats a false claim that the public record shows is false.

Page 194              Brennan writes that “Details were starting to warp and change.” The implication seems to be that the oyster farm supporters were shading the truth. Yet the examples given don’t support this implication at all. Historians tell us that commercial oyster farming in Drakes Estero began the 1930s, which is roughly eight decades ago. Some reports used the more flowery “almost 100 years” or “almost a century,” sometimes to indicate that informal farming is believed to have taken place before the commercial oyster farms. This is a normal level of inaccuracy, not an attempt to deceive. Similarly, the varied reports of 30 to 60 percent of California oysters are a function of whether one is referring to oysters consumed or oysters grown, and depends on the year or years being referenced. The 30 to 60 percent range is entirely accurate.

Page 195              Brennan writes, “In May, the NAS report came out in earnest. It found that Sheltered Wilderness had in some instances selectively presented, over interpreted, or misrepresented available scientific information on DBOC operations by exaggerating the negative and overlooking potentially beneficial side effects.” Brennan then goes on to say “However, other than the fact that Sarah Allen has misreported Roberto Anima’s findings, the main argument made by the NAS was itself fatally flawed.”

To make her case that the Academy was wrong, Brennan claims to refute the Academy’s argument that farmed oysters replace the ecosystem services once provided by native oysters, using her novel theory that there never were any native oysters. Even if that were true, it would be beside the point, because the replacement of ecosystem services is not the report’s “main argument” (an odd way of putting it; scientists report findings, they don’t make arguments).

The actual key finding of the Academy’s report is that there is no evidence of any substantive negative environmental impact from oyster farming. Brennan, astonishingly, omits this.

Page 197              “In July 2009 Dianne Feinstein authored a rider” – no context is provided for this. The implication is that it was political favoritism, which is most definitely not the case. What Brennan fails to report is that NPS had argued (falsely) that it did not have the authority to extend to permit, so the Senator gave them that authority.

Page 198              Brennan writes “supporters of the oyster farm failed to make a distinction between the pastoral zone, which did not have any kind of wilderness designation, and the estuary, which did. Either you respected the wilderness designation of Drakes Estero, or you didn’t.” Drakes Estero was designated “potential wilderness.” Brennan seems to purposely conflate “potential wilderness” with “wilderness” – yet there is a significant distinction. Professor Laura Watt, whose academic thesis is on the management of Point Reyes National Seashore, has studied this issue and written extensively about it. Brennan completely ignores Laura Watt’s work. Brennan also omits the legislative history that supports the continuation of the pre-existing use of oyster farming in Drakes Estero within wilderness.

Page 198              “Meanwhile, Drakes Bay Oyster Company was violating the Coastal Act by refusing to sign necessary permits, racking up fines in the tens of thousands of dollars.” This is highly misleading.

The Coastal Commission and the NPS were working very closely together. At first, all seemed to support the Lunny involvement at the oyster farm. Later, the Coastal Commission appeared to team up with NPS against the Lunnys. The Coastal Commission’s harassment of the Lunnys led to a lawsuit, which the Lunnys won. The Commission’s inappropriate enforcement orders (based on many of the inaccurate NPS assertions) were overturned and the Commission was found guilty of abuse of power.

Page 228              “As soon as a rider was passed NPS was tasked with producing an EIS with which to help Ken Salazar make his verdict.” Tasked by whom? This is a key point. Many knowledgeable observers believe NPS did not need to produce an EIS in order to provide the new permit. Who decided to invoke NEPA? Why did Brennan bury that question, instead of raising it?

Page 229              The book’s discussion of the Draft Environmental Impact Statement fails to substantively discuss the controversy over this document, which raged during the summer of 2012 when Brennan was in West Marin. The book presents no information about the serious flaws in the document, the proven falsehoods that are the subject of formal misconduct complaints, the process irregularities, the fact that it is not actually a legally valid document, or any of the other controversial issues that consumed West Marin when Brennan was in town writing local interest stories.

The draft EIS was so badly flawed that Congress asked the National Academy of Sciences to review it, and the academy provided serious criticism of the document, including the lack of a proper baseline. NEPA guidelines dictate that one baseline be used to compare the proposed actions. Remarkably, this EIS uses TWO baselines. This EIS improperly used the proposed (unknown) future removal of the farm as one of its baselines and the actual current condition and activity as the second (correct) baseline. The NPS selectively switched baselines to make the continuation of the same shellfish growing activity appear to have new impacts. The NPS refused to correct this abuse of NEPA in the final draft of the EIS that was provided to Secretary Salazar.

It is entirely inappropriate to make two different sets of comparisons, as the second NAS report spells out. That second NAS review is not even mentioned in Brennan’s book, much less discussed, although she wrote a news story about it when she was at the Light.

Brennan also fails to mention the explosive fact that EIS contains falsified scientific data. This was reported in a Newsweek article in January 2015, when Brennan was still gathering information for the book. The Newsweek story is especially notable because the scientist whose data was falsified, Brent Stewart, went on the record about the data falsification, which is certainly scientific misconduct. Yet Brennan ignores all this and sketches a tale in which the only scientific misconduct here is in Corey Goodman’s imagination.

Page 232              Brennan writes that the MMC panel members “did not agree on everything.” This is very misleading. One thing the scientists did agree on is that there is no reason to be concerned about the seal population in Drakes Estero, since it is nearing its carrying capacity.  Again, Brennan echoes the NPS/EAC criticism of the experts charged with the evaluation of environmental consequences of the oyster farm, experts who found no reason to stop oystering in Drakes Estero, a fact Brennan seems to have worked hard to omit.

Page 233              Brennan writes that “Ragen would eventually respond to Corey with a letter of his own.” Implies that this is the only time Ragen responded to Dr. Goodman. In fact there was a lot of back-and-forth between Goodman and Ragen during the time of the MMC work. Six months later, Ragen wrote this letter. It was almost certainly created specifically to make Goodman look bad to the NAS panel at Irvine; Neal Desai, National Parks and Conservation Assn., sent it to the panel at the last minute.. Brennan wrote a story about this while she was at the Light; her story reads like a hit piece on Goodman—it’s not clear whether she intended this, or was misled, but it is clear that she never looked into it again, and relied on her 2012 understanding of the situation when she wrote the book, rather than checking again with Goodman. She never interviewed Goodman for the book. Ragen was discredited over this and left the MMC; a complaint has been filed against him. All of this context is missing from the book.

Page 233              Dead baby seals are mentioned and described but the reader is given no idea how they fit in to the story, if indeed they do.

Page 235              Brennan writes, “After all, it was still unknown what made seals choose or abandon particular areas, and how deeply or not they could be affected by a ‘disturbance’.” This is incorrect. In fact, both marine mammal scientists and oyster farmers know quite a lot about this.

Page 235              Brennan writes that there were “ten instances of disturbance of seals by oyster boats in nine years.” This is not true, and it is shocking that it would be presented without a source or citation. This a very odd way for a so-called journalist to handle a central aspect of the dispute.

Page 235              Appendix F of the MMC report is said to have “confusing and conflicting information.” There is nothing confusing about the information in Appendix F, nor is the information there conflicting. It does conflict with the implication in the executive summary that there is some reason to believe the Becker paper showed a real correlation, but it’s that implication that’s incorrect, not the material in Appendix F.

Appendix F contains the verbatim reports of the marine mammal scientists who served on the MMC panel. Every single one of these reports says that the seals are obviously fine – the seal population in Drakes Estero is so large that the place is reaching its carrying capacity. The scientists also point out that the Becker paper wasn’t designed to find what it says it found, and that Harbor seals are well known to habituate to human activity.

Page 243              Brennan writes that Don’s letter to the Bank of Oakland was about a loan to “cover the cost of bringing things up to code.” Don’s letter to the bank clearly states that this was for “new facilities.” What is Brennan imagining the money was going to be used for, if not the new facilities?

The book presents a convoluted argument that the new processing plant and visitor center was never expected to be built. It is difficult to understand from the passage what is actually being argued here. She seems to be saying that Tom Johnson had these plans drawn up in order to buy time. She quotes from the Environmental Assessment conducted for the project in a way that emphasizes that the project was necessary to bring things up to code, but implies that this means something other than what the EA was very obviously about, the construction of a new visitor center and processing plant. The bank loan papers described the new facilities as approved by NPS in the EA. Brennan rests her case with a strawman argument: “The proposed renovations were not part of a grand, park-generated plan to build a gleaming new oyster-based visitor center.” Nobody ever said they were. That doesn’t mean the Seashore wouldn’t have gone along with the plan, after having issued a FONSI, if someone had come up with the money. It seems much more straightforward to infer they would have. And if they didn’t support the plan, it hardly seems likely that Don would have written the support letter to the bank for the new facilities. Brennan doesn’t even mention the FONSI, or the substance of the EA. The whole story is told so as to support her hypothesis that the plans were created just for show. She makes no attempt to include all relevant facts, nor did she interview the relevant people.

Page 251              Brennan says she agrees with the “dangerous precedent” argument and says the choice to keep the oyster farm would be “reversing wilderness designation.” This argument is only possible because she conflates “wilderness” with “potential wilderness.” Brennan ignores the many clear explanations about how the “potential” designation was actually used (the point was to protect the working landscapes, including the historic oyster farm). Brennan ignores the fact that the oyster farm pre-existed the 1964 wilderness act that blocks new development within wilderness. It does not require the dismantling of uses that pre-exist the act. Furthermore, this concept was specifically discussed by congress during the Pt. Reyes wilderness act where the authors of the bill agreed that the oyster farm could continue in wilderness because it was pre-existing. What precedent would continuing the oyster farm create?

Page 251              Brennan noticed that the Frost report is rather harsh about the “informant” and implies this is evidence that Goodman did something wrong. Actually it’s evidence that the report was heavily edited by Neubacher and/or Jarvis—this has been documented.

Page 252              Brennan writes, “It seemed that the outrage over the state of research at the National Park Service had eclipsed the conversation about environmental policy, and supporters of the oyster farm had changed the conversation completely.” This is highly misleading. The supporters never changed anything, they always pointed out that NPS lied about science, law, and history. It’s the park service that kept changing back and forth between legal arguments and science arguments (“arguments” is putting it very kindly).

Supporters were not outraged over “the state of research at the National Park Service.” Supporters are outraged that park service officials at Point Reyes National Seashore knowingly leveled false charges against the oyster farm, purposely creating a false narrative with which to deceive the public and elected officials, and misrepresenting scientific studies—their own and those of others. Brennan doesn’t present any information that would allow the reader to understand this position. Instead she implies that the Park Service did nothing wrong and that the supporters made everything up.

Page 258              Brennan mocks Goodman’s Dance Palace presentation and misrepresents it by presenting a tiny sliver of his remarks. The passage is written in a way that implies Goodman doesn’t care about red-legged frogs, when his point was that it was absurd for the NPS to discuss potential danger to red-legged frogs due to the continuation of oyster farming given that there are no red-legged frogs anywhere near the oyster farm.

Page 258              Brennan downplays the substitution of jet-ski data for actual oyster-farm data, implies it’s the only error, brushes off EIS falsehoods as “much to critique,” and apparently did not even consider the possibility that that those falsehoods were purposeful. There were months of public debate about these issues, and significant criticism, yet Brennan chooses not to present those facts.

Page 259              Brennan writes, “In November, Salazar flew out to California. He visited Point Reyes and Drakes Estero, spoke with the Lunnys and with their cattle ranching neighbors.”

This is highly misleading. Salazar met with the Lunnys at the oyster farm and anyone on the pro-oyster side including Steve Kinsey, scientists, etc., was required to be there for that meeting and no other and it all had to be jammed into 30 minutes. Then Salazar was escorted to a meeting at the Red Barn, insultingly called a “stakeholders meeting,” that included only the anti-oyster-farm activists. Phyllis Faber tried to attend that meeting and was denied entry.

Page 261              Brennan implies that the “first domino theory” on eliminating the ranches is just paranoia and not based on anything. Ignores that Phyllis Faber went on the record in the Light about Don having told her this was the plan. Brennan doesn’t reference the Light story and didn’t talk to Phyllis.

Page 273              Brennan discusses the Keystone Pipeline bill to which Vitter added DBOC protection, but fails to mention that Vitter is from Louisiana, a major shellfish-growing state. She apparently doesn’t realize the false science generated by the government is being used against shellfish growers.

Page 283              Brennan writes, “I wrote to Kevin repeatedly, asking him if I had gotten it wrong.”

Brennan never asked Kevin, or anyone associated with DBOC, to fact-check a single fact, story, or representation.

Brennan claims that Kevin refused to be interviewed, and that she contacted him repeatedly. In fact, she contacted Kevin only twice about the book. On July 9, 2013, Brennan informed Kevin via email that she planned to write a book about the oyster farm but did not yet have a contract. She said she was coming to town and wanted to speak with Kevin, but she never arranged an interview or tour. Instead, she showed up near the workday’s end, and bluffed her way onto an unauthorized boat trip.

The second and last contact was on January 14, 2015. At Brennan’s request, on Kevin’s behalf, DBOC media advisor Sarah Rolph had an email discussion with Brennan to try to work out interview details. Sarah offered Brennan an in-person interview, but Brennan refused. Instead, Brennan insisted on a Skype interview, and said she would send questions in advance. Even a Skype interview never occurred. Brennan’s questions were never submitted.

In July 2012 Kevin invited Brennan via email to visit the farm and get a private tour of both the shore operations and the growing areas. Brennan never took Lunny up on the invitation. During the five months that she lived in Point Reyes, Brennan apparently never once dropped by the oyster farm. She never took the tour, nor did she interview the farm manager or any of the oyster workers. She never met Kevin Lunny; when she interviewed him for the Point Reyes Light she chose to use phone and email.

Page 283              Brennan writes that she wrote to the supporters about the arguments for the farm and “nobody was able to come up with anything.” In fact, DBOC legal advisor Peter Prows did respond, and Sarah Rolph had already responded to a similar request. In both cases the information provided was ignored or misused.

Page 283              When asked by Brennan about Don Neubacher’s early conversations with Kevin Lunny, Sarah Rolph spent the better part of a week discussing this with Brennan via email. It’s a crucial part of the false narrative, and Rolph was hoping Brennan was sincere in wanting to get it right. Rolph told Brennan over and over again that there had been months of discussion, as described in Rolph’s story about this in the Russian River Times. Rolph said to Brennan:

“Kevin knew the permit expired in 2012, because he did his homework, and he knew that Don was worried about all the challenges because he had watched this all happen. Kevin knew that Don was considering a future non-renewal, because Don was open about that. There were months of discussion between Don and Kevin about the various challenges, the fact that the Coastal Commission was on the warpath, the potential for non-renewal, etc. Kevin made the very natural assumption that the possibility of non-renewal was driven by the problems and issues. It’s a perfectly logical assumption given everything we know about this historic resource. Who would shut down a beloved historic oyster farm AFTER it had been cleaned up? Nobody imagined that in 2004.”

Brennan misrepresents what Rolph told her, leaving out all context, and writing only: “the message I got was that, No, nobody with NPS told Kevin he could renew per se.

Page 285              Brennan writes, “I don’t think it’s a coincidence that the Koch-backed group chose to fund the fight.” What “coincidence” is being asserted? The implication here of shadowy interests is entirely absurd. Cause of Action is not “Koch-backed” nor did the group fund anything. Cause of Action is one of many firms that provided pro bono support. Brennan omits from her book any mention of the reason Cause of Action was engaged.

Cause of Action was engaged specifically to help the Lunnys and Dr. Goodman file a Data Quality Act complaint about the false science used by the park service. That 71-page DQA complaint is one of 5 DQAs lodged about this malfeasance. Two of those DQAs were filed by the Point Reyes Light, the newspaper for which Brennan worked for five months. Not one of these complaints is mentioned in the book, or even in the extensive bibliography. Cause of Action is presented as if it were an ideological ally, when nothing could be further from the truth—this group was selected strictly for its expertise in DQA filings, and its work product was top notch. Given that this book is being marketed as non-fiction, Brennan’s choice to omit all of these relevant facts is highly inappropriate.

Page 285              Brennan claims that the removal of this farm did not threaten others. That is incorrect, as documented by East Coast Shellfish Association president Bob Rheault, who has written several significant letters about this. Shellfish growers are very upset about the government’s false charges about oyster farming being bad for the environment, because they could have a chilling effect on future oyster-farm licenses.

Comment by John Hulls: While she (Summer Brennan) quoted Point Reyes Light articles in her bibliography, none of the papers award winning coverage is mentioned in the text, which is especially relevant considering the Light DQA’s and coverage of false science and economic studies.

3-30-16 Bohemian.com: Lawsuit threatens future of cattle at PRNS

 

Beef of Burden

Lawsuit threatens future of cattle at Point Reyes National Seashore—or does it?

03-20-16 This American Life on seals in San Diego

“…the show makes it clear the seals were never ‘threatened’…”

 

The Bennet Brigade and the environmental lawsuits are alive and well in San Diego, rivaling the Bennet/Desai/Trainer efforts here, and shows what happens when this behavior gets out of hand in a major metropolitan area.

 

http://m.thisamericanlife.org/radio-archives/episode/582/when-the-beasts-come-marching-in

 

Unbelievable….the truth and real purpose becomes totally lost in acrimony on both sides….and the show makes it clear the seals were never ‘threatened’  and no middle ground was acceptable to the seal proponents…it was seal  proponents vs. shared use in which the shared use proponents where characterized as haters of seals and wildlife….This needs wide publicity….

 

Best,

John Hulls

03-20-16 NPT Cattle Grazing in PRNS Challenged in Lawsuit

Ethan Lane, currently the executive director of the Public Lands Council and of federal lands for the National Cattlemen’s Beef Association, prepared a report on ranching in the area for the Point Reyes Seashore Ranchers Association in 2014. He said recently that the ranchers are “under imminent threat.”

The groups that filed the lawsuit “are attempting to create something there that has never been there,” Mr. Lane said. “They totally ignore the fact that that has been an agriculturally managed landscape for hundreds of years. You’ve never had a pure wilderness situation at Point Reyes.”

*     *     *     *     *

Mr. Lane, of the Public Lands Council, said ranchers at Point Reyes “are some of the most environmentally sensitive stewards of resources that I’ve ever come across. For them to become a target of this is doubly frustrating.”

*     *     *     *     *

Ranchers say best management practices, existing leases and assurances to Seashore ranchers, and the original intent of Congress have been ignored in the face of outside political pressure. Short-term lease renewals hinder their ability to qualify for loans and matching grants, and decrease incentive to invest in improvements.

“This is a kind of Frankenstein of the Park Service’s own creation,” Mr. Lane said, “and I don’t think they know where to go from here.”

 

By Scott Johnson on March 20th, 2016

Point Reyes National Seashore long has existed with ranching within its borders, but now some environmental groups want the cattle to go/Bruce Keegan

Less than two years after an oyster-farming operation was shut down in Point Reyes National Seashore following a dispute that was appealed to the U.S. Supreme Court, three environmental groups are challenging the National Park Service over the planned renewal of leases to cattle-ranching and dairy operations that have existed on the coastal California peninsula for 150 years.

However, other conservation groups, some of which approved of the decision to remove Drakes Bay Oyster Company and convert the vacated land into wilderness, support continued sustainable farming at Point Reyes. They point out that the ranching families were instrumental in the establishment of the Seashore in 1962 and that turning away from that relationship would threaten the creation of public land elsewhere.

And for Bob McClure, whose daughters are the fifth generation of his family in the dairy business at Point Reyes, nearly 130 years of history is at risk.

“We are concerned, but we have not packed our suitcases yet,” he said. “I believe the park will continue to do what it can to support agriculture in the park.”

At issue is whether the Park Service has considered the impact that these ranches have on the environment and wildlife at Point Reyes, and whether the proposal to issue new leases without an Environmental Assessment or Environmental Impact Statement violates the National Environmental Policy Act.

Three groups – the Resource Renewal Institute, Center for Biological Diversity and Western Watersheds Project – filed a lawsuit Feb. 10 in U.S. District Court in San Francisco seeking to require the park to update its General Management Plan and prepare an Environmental Impact Statement before allowing the extension of grazing leases. They argue that the cattle and dairy operations, comprising more than 18,000 of the park’s 71,000 acres, negatively affect the environment (water quality, methane emissions, erosion, fish habitat), the infrastructure (pavement degradation from milk trucks) and recreational opportunities at Point Reyes. They say the park is relying on an outdated management plan, adopted in 1980, that fails to address current conditions, such as climate change, drought in the area and an expanding footprint of Tule elk.

“The Park Service continues to authorize commercial grazing permits at the Point Reyes National Seashore without an Environmental Impact Statement on how ranching impacts the park, which is needed to ensure protection of the park’s ecosystems,” Jeff Miller, a conservation advocate at the Center for Biological Diversity who lives in West Marin, said in a release. “We’re filing this lawsuit because we love the park and believe it’s up to everyone to make sure the National Seashore is managed sustainably so that future generations can enjoy it as we have.”

Some environmental groups contend that cattle shouldn’t be allowed within the borders of Point Reyes National Seashore/Karen Klitz

A spokesperson for the national seashore declined to comment due to the active litigation, but in 2014 the park began to prepare a new Ranch Comprehensive Management Plan, which includes an Environmental Assessment, in accordance with the National Environmental Policy Act. A scoping fact sheet notes that these working ranches, in an area known as the Pastoral Zone, “represent an important contribution to the superlative natural and cultural resources of these NPS lands.”

More than 3,000 public comments were submitted on the plan. As of now, release of the Environmental Assessment for public review and comment is scheduled for later in 2016, which is a year behind the original schedule. No progress has recently been made on the General Management Plan.

“We feel the current planning process allows for full public review,” said Kate Powers, president of the Marin Conservation League, which supports continued ranching at the Seashore.

Ethan Lane, currently the executive director of the Public Lands Council and of federal lands for the National Cattlemen’s Beef Association, prepared a report on ranching in the area for the Point Reyes Seashore Ranchers Association in 2014. He said recently that the ranchers are “under imminent threat.”

The groups that filed the lawsuit “are attempting to create something there that has never been there,” Mr. Lane said. “They totally ignore the fact that that has been an agriculturally managed landscape for hundreds of years. You’ve never had a pure wilderness situation at Point Reyes.”

The lawsuit shines a light on an iconic coastline with rich natural, historical, cultural, and recreational value. Balancing those interests and understanding the intent of different legislation has led to decades of disagreements over priorities, purpose and protection at Point Reyes.

A Complex Land-Use History

Ranchers began grazing the area in the 1800s and were pioneers of California’s dairy industry, modernizing production equipment and methods. The lush grasses, fortified by a cool climate and moisture from rain and fog, make ideal conditions for grazing cattle. The Pastoral Zone is bordered to the east by Tomales Bay, to the west by the Pacific Ocean and to the south by Drakes Bay, with Drakes Estero jutting inland to create four finger-shaped bays. The cattle dot windswept grasslands, with an occasional grouping of houses, barns and sheds that form the ranch complexes historically known by an alphabetical designation (A to Z). Some hug rugged headlands overlooking the ocean, and  others gently slope to sandy beaches.

That landscape, just a 40-mile drive north of San Francisco, was an obvious draw for developers and conservationists, which pushed property prices higher. As pressure increased in the 1950s and ’60s, Point Reyes ranchers joined with the Sierra Club to preserve their way of life. They offered to voluntarily sell their land to the Park Service at a reduced price in exchange for the opportunity to continue operating on the peninsula. Legislation to create Point Reyes National Seashore was signed by President John F. Kennedy in 1962. The original allocation of $14 million from Congress was not enough to buy all the land, and it wasn’t until 1970 that an additional $43.5 million was secured to complete the purchases.

The pastoral zone is a bucolic area of Point Reyes National Seashore where cattle ranching is permitted/Karen Klitz

At the time of the authorization, there were about 27 working ranches at Point Reyes, according to Ranching on the Point Reyes Peninsula, a history of dairy and beef ranches released in 1993 by park historian D.S. (Dewey) Livingston. The ranchers signed 25- to 30-year reservations of use and occupancy leases as well as special use permits for cattle grazing. Since then, leases have been renewed on short-term arrangements, generally maxing out at five years, as the family operations have been passed down from generation to generation. Today, 13 ranching families remain in the Pastoral Zone.

Now that most of the original reservations of use have expired, the lawsuit says the Park Service is under no obligation to renew the leases and permits. It cites the agency’s 2006 Management Policies, which states the Park Service should “phase out the commercial grazing of livestock whenever possible.” Ranching, under the decades-old park management plan, violates the Seashore’s mandate for “maximum protection” of wildlife and natural resources, the lawsuit says.

Gordon Bennett, the president of local conservation group Save Our Seashore and a supporter of continued ranching in the park, said the lawsuit definition is “not supportable.”

“If NPS held to the lawsuit’s strict interpretation of ‘maximum protection,’ then there would be no trails, no roads to Seashore beaches and no visitor centers,” Mr. Bennett said.

Point Reyes isn’t alone in having cattle graze within its boundaries, as Capitol Reef National Park and Glen Canyon National Recreation Area, both in Utah, are among other sites administered by the National Park Service that allow it.

But area scientist Corey Goodman says ranchers are being squeezed out of national parks. He has written about similarities between the agreements at Point Reyes and at Santa Rosa Island in Channel Islands National Park, where a family sold its land to the Park Service under an agreement that allowed them to continue ranching for up to 25 years. The family, pressured by environmentalists and tighter regulations, vacated its farming operation before obligated when a lawsuit claiming the ranch violated environmental restrictions was settled.

Mr. Lane, of the Public Lands Council, said ranchers at Point Reyes “are some of the most environmentally sensitive stewards of resources that I’ve ever come across. For them to become a target of this is doubly frustrating.”

Not The First Debate

Grazing cattle on public lands has made national headlines in the past few years, highlighted by the recent arrests of more than a dozen protesters, most prominently members of the Bundy family, for actions in Oregon and Utah. But at Point Reyes, a different type of farming set off a debate that helped lead to last month’s lawsuit.

When Drakes Bay Oyster Company took control of an oyster farm at Drakes Estero in 2005, owner Kevin Lunny was optimistic he could obtain a new lease. However, Ken Salazar, the Interior Secretary at the time, declined to renew the lease when it expired in 2012, saying the estero was marked for protection by the 1976 Point Reyes National Seashore Wilderness Act. The commercial operation was seen as being incompatible with such a designation. After Secretary Salazar’s decision, National Park Service Director Jonathan Jarvis designated Drakes Estero as part of the Phillip Burton Wilderness Area. The oyster company sued, and the case was appealed for two years all the way to the Supreme Court, which declined to review the case. Drakes Bay Oyster Company closed at the end of 2014, which ended a decades-long history of commercial shellfishing at the Seashore.

In some areas of the pastoral zone, trodding cattle have eroded away the grass/Karen Klitz

That dispute prompted Secretary Salazar to direct the Park Service to work on extending leases “from 10 to 20 years to provide greater certainty and clarity for the ranches operating within the national park’s Pastoral Zone and to support the continued presence of sustainable ranching and dairy operations,” according to a release from 2012. Then, in a memo dated Jan. 31, 2013, Director Jarvis delegated authority to issue leases and permits of up to 20 years, saying the directive is “supportive of multi-generational ranching and dairying within the Pastoral Zone and is consistent with the … provisions of the park’s enabling legislation.

Neal Desai, director of Pacific Region Field Operations for the National Parks Conservation Association, said both ranching in the park and the RCMP process should continue.

“National Parks Conservation Association supports Secretary Salazar’s multi-part decision at Point Reyes National Seashore that protected Drakes Estero marine wilderness and directed the Park Service to pursue 20-year lease terms for Seashore ranchers,” Mr. Desai said. “We believe that the development of the Ranch Comprehensive Management Plan is an appropriate approach to ensure improved protections for all Seashore values, including recreation, public access, natural resources and wildlife. The plan will help ensure that ranching operations standardize best management practices in support of the Seashore’s diverse values.”

That opinion is shared by local conservations groups.

“The public and NPS made the deal to create the Seashore out of private ranch lands, and that deal has to be kept, just as the wilderness deal had to be kept,” Mr. Bennett said.

Tule Elk Highlight Tensions

Although some environmental groups have spoken up in support of ranching and dairying, both sides have concerns.

Conservationists say cattle grazing can degrade grassland and meadow habitats and contribute to degraded water quality through manure and waste runoff. Public comments noted unpleasant odors and sights associated with cattle waste.

“The Sierra Club does not oppose the extension of the ranch leases but does oppose any ranching practices that adversely affect the natural resources of the park,” said Alan Carlton, chair of the Federal Parks Committee of the San Francisco Bay Chapter of the Sierra Club. He added that the group does not have a position on the lawsuit.

Ranchers say best management practices, existing leases and assurances to Seashore ranchers, and the original intent of Congress have been ignored in the face of outside political pressure. Short-term lease renewals hinder their ability to qualify for loans and matching grants, and decrease incentive to invest in improvements.

“This is a kind of Frankenstein of the Park Service’s own creation,” Mr. Lane said, “and I don’t think they know where to go from here.”

While cattle grazing is one issue at Point Reyes National Seashore, there also have been charges that the National Park Service has not properly managed the Tule elk on the seashore/NPS

But probably the biggest point of contention is Tule elk, which were reestablished at the Seashore beginning in 1978. Just as environmentalists argue that the impacts of the cattle and dairy operations hasn’t been studied, ranchers say elk have been allowed to roam freely in the Pastoral Zone, which was not intended, and little has been done to remove them. The elk destroy fencing, can spread disease, interfere with operations and graze on grasslands leased to ranchers.

“Point Reyes is one of the most incredible places I’ve ever been, and it’s not just from a natural perspective,” Mr. Lane said. “It is that balance, that totally unique environment and snapshot of history. It’s a healthy ecosystem. To arbitrarily release a new element into that is irresponsible.”

Once abundant in California, Tule elk populations dwindled in the 1800s, primarily due to overhunting and displacement by cattle. Thought to be extinct, around 30 animals were discovered in 1874, and efforts were made to save the species. State and federal legislation led to 10 animals being reintroduced at a 2,600-acre fenced enclosure on Tomales Point in 1978 in an attempt to restore natural systems historically found at Point Reyes. The fence was introduced to keep the elk separate from the cattle. After a period of slow growth, the population exploded to more than 500 in the 1990s, and ranchers pointed to studies that that number far exceeded optimal carrying capacity.

The park explored options for controlling the elk population. In 1998, 28 animals taken from Tomales Point were released in the wilderness area south of Limantour Beach, across Drakes Estero from the Pastoral Zone.

But starting in 2000, some of the elk were spotted at Drakes Beach in the Pastoral Zone. These free-roaming elk were not covered under the 1998 Elk Management Plan, and ranchers say the Park Service chose not to deal with the incursion. In population numbers for 2014, an RCMP update noted 92 Tule elk at “D Ranch.” Last year, the park moved three elk from D Ranch to Limantour, and two returned to D Ranch within 11 days.

Between 2012 and 2014, more than 250 Tule elk living in the fenced preserve on Tomales Point died, which the park attributed to drought conditions in California. Last month, five free-roaming tule elk at the Seashore tested positive for Johne’s disease, which can lead to rapid weight loss and diarrhea. The elk were part of the Drake’s Bay herd, which shares pasture with cattle. The disease occurs most frequently in domestic livestock herds.

“Although present park management inherited the problem, it is a huge problem and it has no easy solution,” said Mr. McClure, whose land at the northern end of the peninsula has not yet been impacted by the elk, though he expects it will without management. “In my opinion, it is the biggest problem of the ranches in the park today.”

Opportunities For Improvement

Mr. McClure, whose McClure Dairy milks about 500 cows on 1,200 acres, said the 20-year leases would give ranches security and incentive to invest back into the property. He noted the Seashore was helpful when he wanted to build new barns that solved his ranch’s impacts from runoff on water quality in Abbotts Lagoon.

This cooperation among ranchers, the Park Service, and environmental groups has “opened my eyes on how to lessen some impacts that agriculture can have on our natural resources and come up with best management practices to continue ranching on the Point.”

The rancher said the relationship has worked well for 45 years, and the in-progress Ranch Comprehensive Management Plan will bring an improved ecosystem.

“Lawsuits should be a last resort,” he said. “We should be able to cooperatively work together to solve issues without involving the courts.”

The lawsuit takes issue with the park moving forward with the RCMP, which primarily focuses on the long-term needs of ranchers, and not a General Management Plan for all public uses at the Seashore.

“The Park Service needs to take a step back and look at the impacts of commercial ranching on the park overall,” Huey D. Johnson, president of Resource Renewal Institute and former California Secretary of Resources, said in a release announcing the lawsuit.

Although Mr. Bennett, of Save Our Seashore, supports granting the ranchers new leases, he sees multiple items – wildlife-friendly fencing, sizing and maintaining of manure ponds, overgrazing – to be addressed by the RCMP. These issues and more, such as recreational opportunities, habitat enhancement and historic structures, are being considered as part of the process.

“There can and should be a renaissance of sustainable agriculture in Point Reyes that can be a model nationwide,” he said.

Traveler footnote: To read a column that argues for removal of cattle ranches at Point Reyes, click here.

4/30/15 E&E Daily INTERIOR: ‘We’re terrified,’ rancher tells lawmakers about Park Service

Kevin Lunny, co-owner of Drakes Bay Oyster Co., described his dispute with the National Park Service in harrowing detail. The rancher and business owner claimed that the agency had undertaken a “taxpayer-funded enterprise of corruption to run a small business out of” Point Reyes, Calif.
“Let me be clear: We did not fail as a business. This was not bad luck,” Lunny said. “Our family experienced the worst of what a motivated federal agency can do to a small business.”
E&E Daily
INTERIOR:
‘We’re terrified,’ rancher tells lawmakers about Park Service
Kevin Bogardus, E&E reporter
Published: Thursday, April 30, 2015
House lawmakers yesterday chewed on the years-long battle over the fate of a former California oyster farm as they delved into the alleged abuse of government-funded science.
Kevin Lunny, co-owner of Drakes Bay Oyster Co., described his dispute with the National Park Service in harrowing detail. The rancher and business owner claimed that the agency had undertaken a “taxpayer-funded enterprise of corruption to run a small business out of” Point Reyes, Calif.
“Let me be clear: We did not fail as a business. This was not bad luck,” Lunny said. “Our family experienced the worst of what a motivated federal agency can do to a small business.”
Lunny was testifying before the House Natural Resources Subcommittee on Oversight and Investigations. The hearing was called to examine allegations of federal agencies using “politically driven science,” according to the subpanel’s notice.
Under a settlement agreement announced last year with the Interior Department, Lunny had to close down his oyster farm after losing a protracted legal fight over its operation in a potential wilderness area (E&ENews PM, Oct. 6, 2014). The farm had harvested oysters for decades in Drakes Bay. Lunny bought the farm in 2005.
At yesterday’s hearing, Lunny said he was subject to misrepresentations and attacks by the Park Service during his fight to renew his oyster farm lease, which had expired in 2012. He described a federal environmental impact statement on the oyster farm as “weaponized.”
Lunny still operates a ranch in the area and claimed that the Park Service now has been isolating ranchers. Rep. Raúl Labrador (R-Idaho) asked Lunny if there would be “negative consequences” for him from testifying before the subcommittee.
“We’re terrified. Ranchers that are sitting behind me are terrified because we are challenging the Park Service very seriously. They did lie. They did falsify science,” Lunny said.
The Park Service has tried to repair its ties with ranchers in the area after the bitter fight over the oyster farm (Greenwire, June 4, 2014).
The Interior inspector general in 2008 found that a scientist employed by Point Reyes National Seashore misstated data on the environmental impacts of mariculture to hurt the oyster farm (Greenwire, July 23, 2008).
Rep. Jared Huffman (D-Calif.) said he has known Lunny for years and that he is “a good and decent guy.” The congressman noted that the battle over Drakes Bay, which is based in his congressional district, has “strained relationships that we are still working very hard to put back together.”
“Re-litigating these old accusations from a matter that has been closed at a time when this community is really trying to move on is not helpful or productive,” Huffman said.  [the case was never litigated, the Lunny’s asked for an injunction to remain open while a lawsuit could be pursued]
Rep. Louie Gohmert (R-Texas), chairman of the subcommittee, said the hearing was an examination of science manipulated by agencies for their own purposes.
“This will be an honest assessment of how the system has failed,” Gohmert said.
Lawmakers also heard from witnesses on how the Fish and Wildlife Service’s faulty counting of whooping cranes led to drawn-out litigation for the Texas Commission on Environmental Quality. In addition, the panel heard that recovery efforts in Bastrop County, Texas, from a wildfire were delayed because of protections for the Houston toad, an endangered species.
Democrats sought to pivot the hearing toward discussion of attacks on science, including on those researching climate change.
“In a hearing about politically driven science, climate denial is the ultimate case study,” said Rep. Raúl Grijalva (D-Ariz.), ranking member of the House Natural Resources Committee.
At one point, Gohmert responded forcefully to suggestions that the hearing was unfairly going after science.
“The purpose of the hearing was to hear from real people, mammals called human beings that have been harmed by the federal government,” said the subcommittee chairman.
Toward the close of yesterday’s hearing, Gohmert said his subpanel would continue to look into alleged wrongdoing by federal agencies.
“You can expect more hearings to get to the bottom of what our government has been doing to our people,” Gohmert said.

4/29/15 Daily Caller: NATIONAL PARK SERVICE EMPLOYEES LIED TO PUT HISTORIC OYSTER COMPANY OUT OF BUSINESS

CLICK THIS LINK  http://naturalresources.house.gov/calendar/eventsingle.aspx?EventID=398357

AND THEN CLICK ON THE “WATCH THE ARCHIVED HEARING WEBCAST ” LINK ON THAT PAGE.

Oversight Hearing on “Zero Accountability: The Consequences of Politically Driven Science.”

The House Subcommittee on Oversight & Investigations held a hearing yesterday, 4/29/15 at 2 PM and one of the issues they looked at is the misuse of science by the NPS in Drakes Estero.  Kevin Lunny was called to testify as a witness.

 

NATIONAL PARK SERVICE EMPLOYEES LIED TO PUT HISTORIC OYSTER COMPANY OUT OF BUSINESS
04-29-2015 5:42 pm – Michael Bastasch – Daily Caller
The National Park Service used falsified data to shut down an 80-year-old oyster company in Point Reyes, Calif, its owner claims.

Drakes Bay Oyster Company operated in Point Reyes for decades until National Park Service officials used falsified data to force Kevin Lunny’s family-run oyster farm to shut down. The experience has left its mark on Lunny: “We Are Terrified,” he told lawmakers during a hearing Thursday.

“Let me be clear, we did not fail as a business,” Lunny said in his prepared testimony. “This was not bad luck. Rather, the Park Service engaged in a taxpayer-funded enterprise of corruption to run our small business out of Point Reyes.”

Lunny made this statement in response to a question by Republican Rep. Raul Labrador asking whether or not Lunny felt like there could be consequences from his testimony against the National Parks Service.

Even Democratic California Rep. Jared Huffman admitted that in the rush to get rid of industry from Point Reyes, government officials and environmentalists “overstated” evidence that Lunny’s farm was harming the environment.

“No one has apologized,” Lunny said.

Drakes Bay Oyster Company is located in Northern California’s Point Reyes National Seashore, where it has been for decades. Point Reyes isn’t your typical national park because it was created to preserve the historic coastline where people have been settled since the Gold Rush. It was never intended to be a major tourist attraction like Yellowstone.

For decades the Park Service had a good relationship with the oyster company, but that all changed in the mid-2000s. All of the sudden, NPS officials started blaming the company for an 80 percent decline in the local harbor seal population. Officials also blamed Lunny’s farm for upsetting the ecological balance of Drakes Estero.

But all of these accusations against Drakes Bay Oyster Company turned out to be completely false. The National Parks Service lacked any scientific data to back up its claims that the company was killing seals and hurting the local environment. In fact, studies done by the U.S. Geological Survey and the California State Health Department showed the Parks Service was completely wrong.

NPS, however, didn’t stop there and kept making false claims against the oyster company.

“The Park Service misrepresented that study,” Lunny said. “They instead attempted to demonstrate harm by substituting data from a sixty-year-old study conducted at the Sea of Japan and attributing it to our farm.”

“For example, in assessing the noise impact of our small outboard motor boats, the Park Service, rather than measuring our boats on our soundscape [as required], instead used the measurements from a seventy-horsepower, 700cc Kawasaki jet ski in New Jersey,” Lunny added.

Lunny appealed to higher ups at the National Park Service for help in the matter and to correct the record on false statements made by the agency, but he got no help from the government.

“The local Park Service staff were not willing to correct the false claims, so we went to the Regional Director,” Lunny said. “No help there. Then we went to the Park Service Director, and finally the Secretary of Interior. No one, at any level, was willing to admit that false science was being used against us, or to at least correct the record and stop the false accusations.”

The Interior Department’s own inspector general even found misconduct by agency officials and that they misrepresented facts. But even so, the inspector general was powerless to stop Parks Service officials from attacking Lunny’s business.

Eventually, Drakes Bay Oyster Farm closed its doors because of the litigation and regulatory actions taken by the federal government.

“What the Park Service did to our family was unconscionable,” Lunny said. “This polluted legacy of false science has tainted our dealings with state and federal agencies, and has resulted in unnecessary regulatory and legal action against our family and our farm.”

————————-
SOURCE: http://dailycaller.com/2015/04/29/oyster-farmer-we-are-terrified-of-the-govt/

08/04/2014 Oyster Farming is the “Wilderness”

AN EMAIL FROM A COLLEAGUE IN CONNECTICUT TODAY.

(Click on the link and then click to watch the video):

 

Oyster farming is the “Wilderness”………

Check this out – http://www.rhodyoysters.com/

Went there last weekend – “Farm to Table (his own Oyster Farm and his own Vegetable Farm)”. Now the Number 1 Restaurant in Rhode Island.

Get the message…………………… its sustainability.

Bruce McGown

CEO InterWeave.biz

 

 

 

 

02-07-14 Former Interior Secretary Ken Salazar: Oh, Hey, the Keystone Pipeline Rocks!

Former Interior Secretary Ken Salazar:
Oh, Hey, the Keystone Pipeline Is Cool Now.

Former Interior Secretary Ken Salazar: Oh, Hey, the Keystone Pipeline Rocks!

Look, Obama administration, if you don’t want to build the Keystone Pipeline, just come out and say so. Take the political lumps and get it over with. Enough of this perpetual “well, we just need to review it a few more months” limbo. To put the length of time of this review in perspective, when they first sought approval to build the pipeline, the fossils that make up the fossil fuel of the oil were still walking around.

And get a load of who’s endorsing the project now that he’s no longer in a position to help it come to fruition:

Former Interior Secretary Ken Salazar said in an interview Thursday his endorsement of construction of the Keystone oil sands pipeline comes after learning new information, including that the pipeline would not greatly increase carbon emissions.

Speaking at an energy conference in Texas earlier this week, Salazar said he supported the project.

He said he believed construction could “be done in a way that creates a win-win for energy and the environment.”

This is the first time Salazar, now a lawyer in the private sector, has endorsed the pipeline, which would carry crude from tar sands in Canada to refineries along the Gulf Coast.

In 2012, Salazar hewed close to President Barack Obama’s position on the issue.

“My concerns about the Keystone pipeline are in line with the Obama Administration’s position on the issue. I feel that the president acted responsibly in rejecting the initial proposal on the grounds of environmental issues,” he said, according to media reports. “Until the guidelines for this project are significantly altered, the pipeline should not be constructed because of the potential risks it poses to the well being of U.S. citizens.”

Salazar insists that as interior secretary, he couldn’t influence the State Department’s review and approval process. But does he really expect us to believe that his vocal approval to his colleagues within the administration wouldn’t have changed anything?

This just handed to me from the Keystone supporters: Gee, thanks a heap for going out on that limb, Johnny-Come-Lately. Would you prefer a medal or a monument?

I’ll let the editorial board of the Washington Post lay out the reasons to build the Pipeline:

ENVIRONMENTALISTS HAVE drawn a line in the sand on the Keystone XL pipeline. It’s the wrong line in the wrong sand, far away from any realistic assessment of the merits — as yet another government analysis has confirmed. It’s past time for President Obama to set aside politics and resolve this bizarre distraction of an issue.

The State Department’s latest study — the product of more than five years of investigation — largely confirms the conclusions of previous assessments and those of many independent energy experts: Allowing the firm Trans­Canada to build Keystone XL, which would run across the Canadian border to Steele City, Neb., is unlikely to have significant effects on climate-change-causing greenhouse gas emissions. That’s because its construction, or its rejection, would not significantly affect the extraction of tar sands bitumen, an oil-like substance, in Alberta. Even if the president rejects Keystone XL and no other pipelines out of Alberta are built, the crude could still travel by rail and barge — with marginallyhigher greenhouse emissions and a higher likelihood of accident. One hundred eighty thousand barrels of Canadian crude already moves on train cars every day.

Here are the reasons to not build the pipeline:

  • Self-identified environmentalists hate oil companies.
  • Self-identified environmentalists really hate oil companies.

I can hear it now: “But Jim, what about if the oil pipeline leaks? What if it gets in the aquifers?” You know what you do if there’s a leak in an oil pipeline? You stop pumping the oil through the pipeline, and you drive out and you fix it. Sure, it’s messy, but the leak stays in one place. It’s a heck of a lot easier than heading out and putting a new hull on a sinking Exxon Valdez,on bobbling waves as all that oil chokes an ecosystem and the little fishies and seagulls.

Back to those self-identified environmentalists who really hate oil companies. They fume at the companies for providing a fuel that is absolutely essential to modern life. Vast majorities of those who denounce oil companies the loudest still use cars in one way or another. Even if you’re driving a Prius, that thing isn’t a hybrid of wind and solar. It still uses gasoline, depending on the circumstances. And even if you walk everywhere, you still go to the store and buy things that were delivered on a truck that uses gasoline.

This is one of the reasons those who don’t self-identify as environmentalists scoff and mock those who do, even if we like a lot of the same stuff the environmentalists do — clean water, clean air, clean beaches, open spaces, cute and cuddly endangered species, etc. Most of us grow up and recognize that there are always going to be trade-offs. If you put up a wind turbine, it’s going to kill some birds. (The only legal way to kill a bald eagle in the United States is with a wind turbine.)

When you see horrific oil spills like the Exxon Valdez or the BP Deepwater Horizon, it’s natural and justified to get really angry at the oil companies. Unleash the hordes of lawyers. Hold them accountable. But there’s no magic wand that makes us no longer need oil, not without fantastic breakthroughs and years and years to transition to newer fuels and sources of energy.

This is why the fuming about Keystone looks like such a pose; it’s not about what their efforts to prevent the Pipeline project actually do, it’s about broadcasting to the world how much they care.

12-24-14 West Marin Citizen, Opinion, Dr. Creque: “Our actions matter…on our… path to self-destruction”

“I have spent the past 35 years exploring… the many challenges attendant to producing food in a manner that is ecologically benign or, at its best, beneficial. …. it was not until I watched the evolution of the Drakes Bay Oyster Farm under the stewardship of the Lunny family that I came to fully appreciate how closely the Farm approaches perfection as a truly sustainable food production system. This simple fact is made all the more poignant by the juxtaposition of the imminent loss of the Farm and the particularly critical juncture in human history at which we now find ourselves….

Arguments by opponents of the oyster farm, that its destruction is an environmental good, have been repeatedly exposed as without scientific merit….

I cannot help but wonder upon what planet those who have fought so diligently -and so obscenely- against the oyster farm, imagine themselves to be living. Earth, this planet, is in ecological crisis.

What might make a difference, what could make a difference, would be for us to wake up and recognize that we are part of this astonishing web of life, this vibrant blue sphere, this mote of dust in the sun. Our actions matter, for better or ill, as we choose. The oyster farm epitomizes the potential for our constructive, exuberant engagement with the full complexity of the living world. Perhaps this is why it cannot be allowed to stand by those who view mankind apart from that, who are incapable of imagining no role for our species but that of despoiler.

The discretionary elimination of the Drakes Bay Oyster Farm is but one more tragic, foolish, volitional step along our rapidly accelerating path to self-destruction. We have the capacity to build a world of abundance, but, thus far, have chosen another road.”

 

West Marin Citizen, 12/24/14

Opinion

On the loss of Drakes Bay OysterFarm

Significance beyond the obvious

Jeff Creque

I have spent the past 35 years exploring, through both theory and practice, the many challenges attendant to producing food in a manner that is ecologically benign or, at its best, beneficial. I have enjoyed oysters from Drakes Estero throughout that time, but it was not until I watched the evolution of the Drakes Bay Oyster Farm under the stewardship of the Lunny family that I came to fully appreciate how closely the Farm approaches perfection as a truly sustainable food production system. This simple fact is made all the more poignant by the juxtaposition of the imminent loss of the Farm and the particularly critical juncture in human history at which we now find ourselves.

Whether one views the Anthropocene as beginning with the Industrial Revolution of the 18th century, or with the agricultural revolution of 8,000 BCE, the era is rapidly approaching endgame. We are now witnessing the sixth great extinction event on Earth. The Northwest Passage is no longer a fantasy. The most recent sea-level rise projections, expressed in feet, soar to the double digits. Wild oceanic fisheries are projected to collapse within the next 35 years, just as the human need for protein doubles.

Shellfish aquaculture is widely recognized as one of the few sustainable options for marine protein production, even as oceans acidify, placing natural shellfish reproduction everywhere at risk. The US already faces a worsening shellfish deficit without the gratuitous destruction of over half of California’s production capacity.We cannot replace this resource without effectively stealing it from the mouths of others, though, to be sure, we have shown ourselves to be very good at that.

Arguments by opponents of the oyster farm, that its destruction is an environmental good, have been repeatedly exposed as without scientific merit. If Department of Interior policy is derived behind a smokescreen of distorted and falsified pseudoscience to fit political whims, the future of our public lands, already at dire risk from under funding, archaic management paradigms and rapidly advancing climate change, is dark indeed. If the National Environmental Policy Act can be manipulated by politics and ultimately ignored, as has been done repeatedly in the Drakes Bay tragedy, what recourse do we as citizens have in the ongoing effort to protect our environment against actual threats? And if the constitutional rights of the people of our state can be so easily bought and sold, what hope can there be for the emergence of a functional democracy in America?

I cannot help but wonder upon what planet those who have fought so diligently -and so obscenely- against the oyster farm, imagine themselves to be living. Earth, this planet, is in ecological crisis. A single species, ourselves, is claiming over half of the annual biological production for its own use, and fouling its land, water and air with total disregard for the limits of the global system upon which we are utterly dependent to absorb or purify any of it. Wilderness? We will be lucky to survive this century, and no amount of diddling with magic markers on a map will make a bit of difference to that calculus.

What might make a difference, what could make a difference, would be for us to wake up and recognize that we are part of this astonishing web of life, this vibrant blue sphere, this mote of dust in the sun. Our actions matter, for better or ill, as we choose. The oyster farm epitomizes the potential for our constructive, exuberant engagement with the full complexity of the living world. Perhaps this is why it cannot be allowed to stand by those who view mankind apart from that, who are incapable of imagining no role for our species but that of despoiler.

The discretionary elimination of the Drakes Bay Oyster Farm is but one more tragic, foolish, volitional step along our rapidly accelerating path to self-destruction. We have the capacity to build a world of abundance, but, thus far, have chosen another road.

 

Jeff Creque, PhD. of Petaluma, a Land Stewardship Consultant, is a specialist in agroecology and for many years worked on a ranch at Point Reyes National Seashore. 

12-22-14 “Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity.” MLK

After nearly 100 years of oyster farming, December 31, 2014 will be the last day of oyster operations at Drakes Estero.

This is shameful and, in my opinion, the National Park Service, the NPCA, the EAC and, the leaders of those environmental organizations who opposed the continuation of the ecologically beneficial, sustainable, renewable, local oyster farm, as well as all those who mislead the public, are just this kind of dangerous! Joining those at the top of my list of dangerous is Judge Gonzales Rogers, for her kangaroo court shenanigans which effectively prevented proper hearing of the DBOC side in this issue in the first place.

My opinion:

  1. Fire all involved
  2. Strip them of their pensions
  3. Rescind the under graduate, graduate and doctorate degrees awarded any of them (for they have shat upon them, reducing those sheepskins to toilet paper.)
  4. Impeachment for Judge Rogers is in order, as well as cancelling her pension and, stripping her of all of her degrees.

At the National Park Service level, and from their involvement at the Point Reyes National Seashore level, those who should be ousted first and stripped of pensions and all letters include, yet are not limited to, Jon Jarvis, Don Neubacher, Dr. Sarah Allen, Dr. Ben Becker, David Press, Melanie Gunn and, Cicely Muldoon.

The EAC should be run out of town along with Amy Trainer and Gordon Bennett.

All those at the top of National Park Conservation Association and, most especially, Neal Desai.

Others that should be terminated and stripped include, but are not limited to, Dr. Tim Regan of the Marine Mammal Commission (see

11-07-2012 Marine Mammal Commission Report on Drakes Estero Tainted By NPS-MMC Misconduct at https://oysterzone.wordpress.com/?s=dr+Ragen

In my opinion, so many have contributed to the abuse and misuse of science, the law, and history, but these people stand out as the most dangerous and would be a good place to start. Add whatever names you wish.

Finally, in my opinion, it is too bad tarring, feathering, and being run out of town on a rail is no longer an option, that would be a fitting end to all of the above mentioned.

11-20-14 West Marin Citizen: Chilling Parallels [PRNS and Santa Rosa Island]

“The EAC scoping letter should be read very carefully…..

For example, the group’s comment letter asserts that EAC “supports the incorporation of BMPs (Best Management Practices) into the 20-year leases. How will the Seashore measure success of each BMP? One management practice that is necessary is to transition cattle out of the wetlands and headwaters of all the bays of Drakes Estero. These sensitive areas should be fenced off to maintain water quality and only allow flash grazing as necessary and based on set protocols.”

On what basis does Amy Trainer, a lawyer/activist with no natural resource management credentials, claim authority on the topic of ranching Best Management Practices? What drives her certainty that “flash grazing,”  or any other specific rangeland management practice, is “necessary”—even before the Ranch CMP is completed?

Trainer’s call for fencing off “sensitive areas” brings up memories of Santa Rosa Island, where a first step toward eliminating ranching was the fencing off of cattle from Snowy Plover habitat.

According to an article in Range magazine, this fencing action was justified by one instance in which one cow might possibly have stepped on one bird.

In the Range article, former Santa Rosa [Island] Park Superintendent Tim Setnicka describes this unnecessary fencing as one of the “jackhammer” tactics used by the Park Service against the ranchers.

Another tactic he discusses is the “good cop/bad cop” technique, in which the Park Service leaked information to other agencies and environmental groups—information that then showed up in lawsuits against the NPS; suing the Park Service rather than the ranchers, provided NPS with political cover for its actions against the ranchers.  Citizen readers know all too well how that story ends.

“…baseless concerns about ranching impacts, seemingly unlimited government funds, cattle exclusion without ecological rationale, failure to consider a truly collaborative approach that could benefit both the cultural and natural resources of the park;  the parallels with Santa Rosa Island are chilling.

Let’s not let it happen here again.”

Opinion

Chilling Parallels

by  Sarah Rolph

 

In her opinion piece in these pages last week (“EAC Supports 20-year agricultural leases in Point Reyes National Seashore,” November 13, 2014), Amy Trainer contends that the organization she works for, the Environmental Action Committee of West Marin (EAC), supports the ranching community on Point Reyes. As evidence, she cites excerpts from several letters to the editor, and from the EAC public-scoping letter about the Ranch CMP.

The EAC scoping letter should be read very carefully.

Even the snippet included by Trainer in her op-ed—presumably the strongest example she had—qualifies the group’s support, saying, “EAC strongly supports a Ranch Plan, and resulting 20-year leases, that strikes this important balance.”  That’s the “balance” between “historic ranching and dairy operations” and the protection of “national park resources and wildlife.” With this seemingly benign statement, Trainer declares her commitment to maintaining the dysfunctional duality that has defined resource management policy at PRNS since its inception.

The EAC scoping letter is full of such platitudes, reflecting a fundamental lack of understanding of the unique ecosystem management opportunities PRNS has squandered for over half a century.

For example, the group’s comment letter asserts that EAC “supports the incorporation of BMPs (Best Management Practices) into the 20-year leases. How will the Seashore measure success of each BMP? One management practice that is necessary is to transition cattle out of the wetlands and headwaters of all the bays of Drakes Estero. These sensitive areas should be fenced off to maintain water quality and only allow flash grazing as necessary and based on set protocols.”

On what basis does Amy Trainer, a lawyer/activist with no natural resource management credentials, claim authority on the topic of ranching Best Management Practices? What drives her certainty that “flash grazing,”  or any other specific rangeland management practice, is “necessary”—even before the Ranch CMP is completed?

Trainer’s call for fencing off “sensitive areas” brings up memories of Santa Rosa Island, where a first step toward eliminating ranching was the fencing off of cattle from Snowy Plover habitat.

According to an article in Range magazine, this fencing action was justified by one instance in which one cow might possibly have stepped on one bird.

In the Range article, former Santa Rosa [island] Park Superintendent Tim Setnicka describes this unnecessary fencing as one of the “jackhammer” tactics used by the Park Service against the ranchers.

 

Another tactic he discusses is the “good cop/bad cop” technique, in which the Park Service leaked information to other agencies and environmental groups—information that then showed up in lawsuits against the NPS; suing the Park Service rather than the ranchers, provided NPS with political cover for its actions against the ranchers.  Citizen readers know all too well how that story ends.

I’ve spent a lot of time with the Ranch CMP public scoping comments, and the good cop/bad cop routine is exactly what comes to mind.

The seemingly conciliatory letter from the EAC suggests they are playing the Good Cop role here—for now. (So, apparently, is the National Parks Conservation Association (NPCA), an organization that’s known for its lawsuits against the Park Service, and which has in the past taken positions against ranching in Point Reyes.* The NPCA didn’t send an independent scoping letter about the Ranch CMP, it sent excerpts from the EAC letter. Strangely, the Park Service’s comment analysis report nevertheless attributes nine topics to the NPCA, eight of which are redundant with the topics attributed to EAC, which looks like double-counting to me.)

The Bad Cop role is being handled—for the moment—by a handful of groups from outside the community, including the Center for Biological Diversity, which is openly calling for an end to ranching on Point Reyes, and which apparently orchestrated a large number of very similar public comments that echo that call.  (For details, see my piece Weaponizing NEPA, published in the Citizen October 2, 2014.)

Jackhammer, Good Cop/Bad Cop, baseless concerns about ranching impacts, seemingly unlimited government funds, cattle exclusion without ecological rationale, failure to consider a truly collaborative approach that could benefit both the cultural and natural resources of the park;  the parallels with Santa Rosa Island are chilling.

Let’s not let it happen here again.

 

*For examples, see Dr. Laura Watt’s recent op-ed in the Point Reyes Light

11-13-14 Point Reyes Light & West Marin Citizen: Letter to the Editors: Our pledge request dashed

Letter to the editor:
Our pledge request dashed
Last week we asked Neal Desai of the National Park Conservation Association and Amy Trainer of the Environmental Action Committee of West Marin to “take the pledge” to promise to the community that “neither I nor any organization I am a part of will ever participate in legal action to eliminate or restrict the ranches on Point Reyes.” We asked because in the late 1990s, Mr. Desai and his organization successfully sued the National Park Service based on the federal Clean Water Act and Endangered Species Act to get rid of a ranch on Santa Rosa Island. On Tuesday evening, Nita Vail, whose family was evicted from that ranch, spoke to the community, and cautioned us that what happened to her could happen here. Mr. Desai was in the audience. During the Q&A period, one of us asked Mr. Desai to take the pledge. His answer, which should be a wake up call to the community, was to say that such a request was “ridiculous.” That word makes the many others from Mr. De- sai and Ms. Trainer in support of agriculture just that—hollow words.
Corey Goodman and Peter Prows
Marshall and Oakland 

 

10-02-14 PRL: EAC Loses Only Agricultural Representative – felt ineffective in communicating needs of farmers and ranchers

Peter Martinelli, (board member from ’99 – ’07), …said there was a shift away from collaboration with agriculturalists  “… from agriculture and environmentalism working together and more towards a preservationist agenda…”

Environmental Action Committee loses agricultural representative

10/02/2014

The only board member of the Environmental Action Committee of West Marin who works in agriculture resigned this month, believing she wasn’t filling the role in the way she set out to. “I felt that I wasn’t effective in communicating the needs of the farmers and the ranchers out here,” said Mimi Luebberman, who runs Windush Farm, where she raises sheep for wool on 26 acres in Chileno Valley. “I wasn’t meeting my own goals in communicating with people.”

Ms. Luebberman sat on the board for about three years. She declined to elaborate further on the reason for her resignation, simply saying, “I really respected my board members. It was an experience I’ll never forget, that’s for sure.”

The E.A.C., founded in 1971, has long had an agriculturalist on its board, including Tomales dairyman Al Poncia and rancher Sonny Grossi in the 1990s. Peter Martinelli, who grows row crops on his 22-acre Fresh Run Farm in Bolinas, sat on the board from about 1999 to 2007. But he said there was a shift away from collaboration with agriculturalists during his tenure. “It tended to drift away from agriculture and environmentalism working together and more towards a preservationist agenda… I think I was decreasingly useful to that organization,” he said.

The E.A.C., has been involved in hot-button issues at the intersection of agriculture and conservation for decades. Recently it has sustained criticism by some members and former members for its position on Drakes Estero and Drakes Bay Oyster Company. The nonprofit has stridently opposed aquaculture in the waters, where oysters have been cultivated commercially since the 1930s but which was designated a marine wilderness in 2012 at the termination of the farm’s reservation of use.

At a public hearing in May, the nonprofit’s executive director, Amy Trainer, opposed provisions in an update to the county’s Local Coastal Program that excluded some agricultural housing from being appealable by the public to the California Coastal Commission, though ranchers and groups like the Marin County Farm Bureau said greater leeway for housing would help multiple generations live on the land.

Bridger Mitchell, the board president, said in an email that Ms. Luebberman “has been an articulate voice for matters concerning agriculture and education and a stalwart supporter of EAC events and I thank her for her service and dedication. EAC looks forward to continuing to engage with West Marin farmers and ranchers on agricultural and environmental issues of mutual concern.”

08-21-14 GreenBiz wants examples of govt leaders actions to protect natural resources & my response

In a post today in Green Biz, Lizzie Needham, Associate Community Manager at GreenBiz Group, Top Contributor wrote

 

Dear GreenBiz Group Member,

According to the Union of Concerned Scientists, deforestation accounts for 10 percent of global emissions—a big number when you consider that this equates to around 3.0 billion tons of CO2 per year. Tensie Whelan, President of the Rainforest Alliance, fights to reduce deforestation by advocating for biodiversity protection and sustainable agricultural systems.

In her recent GreenBiz interview, Whelan claims that we are seeing exponential progress, particularly within the business world, but crucial action still lags. Whelan’s interview also reminds us that while business cooperation makes a difference, impactful natural resource protection transformations rely on government support. You can read Whelan’s full interview here: http://grn.bz/1uYujYX

Do any members have unique or impressive examples of government leaders taking significant action to protect natural resources?

I responded:

  • I have an example of government doing exactly the opposite in removing Drakes Bay Oyster Farm from the Point Reyes National Seashore in California. The DOI, the NPS, and the CCC have committed their own style of deforestation by misinterpreting the law, re-writing history, and trampling California State’s Rights in so doing. Worse, the beacons of environmental preservation cannot see the forest for the trees in that they are now stating the opposite of their position in the establishment of the Point Reyes National Seashore in 1962, the opposite of their position in the passing of the Wilderness Act in 1976. Even the then PRNS Superintendent, Don Neubacher has done a 180 on his position in his letter Oakland Bank in 1998 where he stated he had every intention of continuing the oyster farm after it’s lease expired in 2012. It is as if they cannot see the forest for the trees! DBOC is a locally produced, sustainable, renewable source of protein production – 40% of CA oysters are produced there and they were the LAST oyster cannery in CA. Oyster Bay Wildlife Refuge on Long Island has a commercial oyster farm that produces 90% of New York’s oysters

    If then why not now?
    If there why not here in CA?

    There is still hope with the lawsuit filed by the other oyster companies and businesses in the area who depend on Drakes Bay Oysters to stay in business.

    For the legal documents, legitimate scientific reports and more go to http://www.OysterZone.org or http://savedrakesbay.com/core/

  • Oyster farming and wilderness are not mutually exclusive.

08-09-14 Marin IJ Voice: Beginning of a new chapter for the Lunny family

Marin Voice: Beginning of a new chapter for the Lunny family

By Kevin Lunny

 

Kevin Lunny (Special to the IJ/James Cacciatore)

Kevin Lunny (Special to the IJ/James Cacciatore)

Drakes Bay Oyster Co. has been an institution in Marin for nearly 100 years. First with the Johnson family, and for the last decade it has been the privilege of the Lunny family to continue that tradition.

Generations of Marin residents as well as other Northern California visitors have not only enjoyed our oysters but were able to come out to the farm, meet with our family and loyal employees, enjoy the outdoors and learn how oysters are grown and their benefit to the environment.

We provide our oysters to restaurants all over the Bay Area as part of the locally grown movement. We have been the last oyster cannery in the state of California.

Many of our 30 employees live at the farm. Some have worked here for nearly three decades. Their children have been born here, and today raise their own families here. They go to church with us. They are part of the fabric of our community.

We loved being part of the sustainable food business. We loved being good stewards of Drakes Estero. For us, the farm has been an integral part of what Marin is all about — the combination of sustainable, locally produced food while protecting the environment and maintaining the pastoral character of our community.

Oysters along with other shellfish once populated the shores of Drakes Estero, San Francisco Bay, Tomales Bay and every other bay and estuary along the California coast. All were fished out or destroyed by pollution, which is why so many environmental groups are restoring oysters here and around the world. Our farmed oysters contribute to the health of the estero by filtering and clarifying the water. As the National Academy of Sciences reported, our estero is environmentally pristine, with one of the most lush eelgrass beds and a harbor seal population that has grown and reached what experts say is its peak carrying capacity.

The health of the estero has always been critically important to us because Point Reyes is our home. We grew up here. We are fourth-generation ranchers who today raise organic beef in an environmentally friendly way, being certified Salmon Safe. We will still be here — raising our children and our cattle — after the oyster farm is gone.

The overwhelming support of our Marin neighbors has enabled us to fight to continue our legitimate presence in Point Reyes. Without your support, we couldn’t have carried on in the face of such overwhelming adversity. Our siblings and children have grown up here, gone to school and church here, and are friends with the children of our long-time workers. The next generation of Lunnys was born just a few months ago.

We are grateful to all of our Marin friends for their support, patronage, kind words and belief in us.

We never expected that so many people would stand with us during this most challenging of times. Who could have imagined that we would drive around the county through forests of hand-painted signs supporting us, made by dozens of volunteers?

We have seen that our fight for truth and transparency in science was important to so many and they were ready to speak up for us. We will always carry with us our respect and appreciation for the values our community has expressed.

Thank you to all of you who believed in us and believed in our cause. You buoyed our spirits and gave us the strength to continue.

This may be the end of Drakes Bay Oyster Co., but it is the beginning of a new chapter for the Lunny family.

Kevin Lunny is the owner/operator of Drakes Bay Oyster Co.

08-15-14 WM Citizen: Why West Marin finds it difficult to heal

Why West Marin finds it difficult to heal

 Lack of respect major factor

It has come to the attention of the Citizen that the Environmental Action Committee of Point Reyes Station is sending out emails to its supporters asking them to begin a letter-writing campaign to three newspapers outside of West Marin. The request is to include in the letters the following points, and to send copies to Cicely Muldoon and Jon Jarvis.

  • There’s only one opportunity for a marine wilderness experience on the West Coast, and Congress was right to protect Drakes Estero for this purpose for all Americans to enjoy.
  • The closure of Drakes Bay Oyster Co. is absolutely fair – a deal is a deal.
  • I am grateful for having the oyster shack closed, it is one huge step closer to realizing wilderness protection and management for Drakes Estero.
  • The American taxpayers purchased the oyster company in 1972 and have waited over 40 years to enjoy a wilderness experience as long-planned and paid for.
  • Drakes Estero is the ecological heart of Point Reyes National Seashore and should be protected from zooming motor boats, invasive species, marine vomit, and plastic debris litter.
  • DBOC is a scofflaw company that has thumbed its nose at the California Coastal Act for nearly ten years. It does not belong in our marine wilderness area.
  • DBOC was given written notice of the impending closure in late 2004 and the public is not responsible for its business decisions or resulting consequences.
  • DBOC has operated 20+ months rent free on our public lands and reaped hundreds of thousands of dollars. What has it done with that money for its employees?
  • Wilderness is rare and valuable and must be protected from private commercialization.
  • Humboldt Bay is accepting proposals for new oyster leases and DBOC can operate there, but this operation is not appropriate in a national park wilderness area.

 

Meanwhile, some 25 families face an uncertain future, families with young children in local schools, families that will find it nearly impossible to find housing or jobs where they have lived and worked for some time. Thousands of people have been deprived of a valued local resource which was accessible to all, not merely the elite. It appears cruel at this time to state that, “I am grateful for having the oyster shack closed” without taking into consideration the families who have been directly impacted.

As for the other points, most have been disputed in the lengthy campaign to discredit and attack a local well-respected family. It should be pointed out once again that the attacks began with the NPS accusing the Lunny’s of breaking Federal marine mammal protection laws (falsely) back in 2007, and led by the EAC, accusing our West Marin community of extreme right-wing interests, accusing the oyster farm of causing the marine vomit invasion (false), zooming motor boats (thousands of hours of filming and recording never proved this) and so on. An honest campaign would have gained respect, but instead falsehoods were utilized to further the quest, in the same manner our political campaigns are run.

The severe and often false accusations from NPS and environmental groups created and grew a grass-roots defense. This was a natural and logical response as it is difficult to continue turning the other cheek in response to attacks. This is what so many West Marin residents are angry over.

Having differing opinions on wilderness or sustainable non-polluting aquaculture is perfectly acceptable. The ugly methods used to further this dispute are not.

08-14-14 DBOC’s Opposition to Ca Coastal Commission Motion for New Trial

Please find attached the following documents filed in Marin Superior Court today:
 
–          Drakes Bay Oyster Company’s Opposition to Motion for New Trial; 8.14.14+Final+Opposition+to+Motion+for+New+Trial+120pm
 
–          Declaration of Phyllis Faber ISO Drakes Bay Opposition to Motion for A New Trial; 8.14.14+Faber+decl+ISO+opp+to+new+trial+motion
 
–          Declaration of Larry Giambastiani ISO Drakes Bay; 8.14.14+Decl+of+Larry+Giambastiani
 
–          Declaration of Peter Prows ISO Drakes Bay’s Opposition to Commission’s Motion for New Trial; 8.14.14+Prows+decl+ISO+opp+to+new+trial+motion

11-22-96 The Letter from Neubacher to the Bank of Oakland, attesting to the NPS’s intention to renew the lease.

If then, why not now?

 

“….As stated previously, the NPS would like the planned improvements to occur at Johnsons. In fact, the NPS has worked with Marin County planners to insure the facilities attain county approval. Moreover, the Park’s General Management Plan also approved the continued use of the oyster company operation at Johnson on Drakes Estero….”

Click on the link below to see a copy of the actual letter from then Superintendent Don Neubacher to the Bank of Oakland

 

1996-11-22 Neubacher ltr to Bank of Oakland

07-31-14 The Absurdity of the Removal of DBOC from the earth, or the dillema of feeding 7 Billion today, 9 Billion by 2050

On the last day for retail sales a ceremony was held at DBOC at which a number of people were asked to speak. I was honored to be one of the speakers. Below is the transcript of the speech I gave after introducing myself, informing all of how I came to be involved, and a little about my involvement through this “blog”.

 

New York State’s only remaining commercial oyster farm operates on the OYSTER BAY NATIONAL WILDLIFE REFUGE, producing 90% of the State’s oyster harvest. The State of New York has designated the Oyster Bay area as a Significant Coastal Fish and Wildlife Habitat. …. If there, WHY NOT HERE?!

http://oysterbaytown.com/places-to-go-things-to-do/

cover of Nat’l Geographic, May 2014

THE NEW FOOD REVOLUTION –

To feed our hungry planet, we must change the way we farm – and the way we think.

By Jonathan Foley

DIRECTOR OF the Institute on the Environment, University of Minnesota.

“When we think about threats to the environment, we tend to picture cars and smokestacks, not dinner. But the truth is, our need for food poses one of the biggest dangers to the planet.”  from pg 35 of the hard copy

·        Agriculture is among the greatest contributors to global warming, emitting more greenhouse gases than all our cars, trucks, trains, and airplanes combined—largely from
o   methane released by cattle and rice farms,
o   nitrous oxide from fertilized fields, and
o   carbon dioxide from the cutting of rain forests to grow crops or raise livestock.
o   Farming is the thirstiest user of our precious water supplies
o   Runoff from fertilizers and manure makes Farming a major polluter
o   The spread of prosperity across the world, especially in China and India, is driving an increased demand for meat, eggs, and dairy, boosting pressure to grow more corn and soybeans to feed more cattle, pigs, and chickens.
o   As we’ve cleared areas of grassland and forest for farms, we’ve lost crucial habitat, making agriculture a major driver of wildlife extinction.
·
·        If these trends continue, the double whammy of population growth and richer diets will require us to roughly double the amount of crops we grow by 2050.
The author and his team proposed 5 steps to solve the world’s food dilemma.” I have taken his steps and included the validity of the argument to keep DBOC

1.    Freeze Agriculture’s Footprint…. Avoiding further deforestation must be a top priority.

o   OYSTER FARMING REQUIRES NO DEFORESTATION

2.   Grow More on Farms We’ve Got…. high-tech, precision farming systems, and borrowing from organic farming, could boost yields in several times over.

o   LEAVE DRAKES BAY OYSTER FARM RIGHT WHERE IT IS,

o   It doesn’t require high tech farming systems,

o   It is already 100% organic,

3.   Use Resources More Efficiently….. Organic farming can also greatly reduce the use of water and chemicals

       o   Oyster Farming requires neither fertilizers nor chemicals, and uses no added fresh water!

4.   Shift Diets…. Finding more efficient ways to grow meat and shifting to less meat-intensive diets…could free up substantial amounts of food  Curtailing the use of food crops for biofuels could also enhance food availability.

      o   Retaining a sustainable, renewable, ecologically and environmentally beneficial source of food production – OYSTER FARMING – will do that.  AND No one’s using oysters for bio-fuels!

5.  Reduce Waste.  25 % of the world’s food calories … are lost or wasted before they can be consumed. Tackling waste would be one of THE most effective options for boosting food availability.

o   Oysters come in individually, nature wrapped packages,

o   buy what you need, eat what you bought!

o   Even the shells are useful

§  whole they provide habitat restoration 

§  crushed they can be used

§  organic fertilizer

§  ground cover

Oyster production is the winner in solving the world food shortage dilema.

George Washington is purported to have said “Our country is an experiment” and he gave it 20 years.

I give this Wilderness Without Oysters experiment 20 years. It will be put back for both reasons environmental and necessity. We’ll have 9 Billion mouths to feed.

It will be too late for the Lunnys, their workers and families as well as all the ranchers and dairies on this peninsula – for the water filtration system provided by the oysters having been removed will leave them as the major polluter of the estero, and soon, they too, will HAVE to go, unless CONGRESS INTERVENES.

 

CONGRESS: YOU HAVE ALREADY REQUESTED INSTALLATION OF MORE OYSTER FARMS ON ALL OUR COASTS

CONGRESS: Don’t let this Empty Environmental Experiment ruin the lives of all these people AND EXTINGUISH THE AGRICULTURAL CHARACTER OF WEST MARIN.

CONGRESS, you have the power and the authority to reverse this decision.

CONGRESS ACT TO REVERSE THIS DECISION TODAY.

 

Write your congress person today, let them know you want this farm to stay!

 

07/31/14 Epoch Times, #1 Chinese Media Group, Sabrina Chang, Reporter, Coverage of DBOC last retail day

Sabrina Chang, Reporter for Epoch Times, the No. 1 Chinese Media Group was at the oyster farm on Thursday with a film crew.

Below is a link to her video that evening  in which Kevin Lunny, and others are recorded making short statements about the situation.

// // //

Ms Change also stated: We also have this piece of news on today’s Epoch Times newspaper.

08/03/14 Travel Channel video on Long Island, NY Oyster Farm in a Wildlife Refuge

TO SEE THE VIDEO, CLICK ON THE LINK BELOW

 

08-03-14 Commercial Oyster Farm in Nat’l Wildlife Refuge – 90% NY oysters produced there, if there WHY NOT HERE?

Wildlife & Habitat – Oyster Bay – U.S. Fish and Wildlife Service

  • Oyster Bay National Wildlife Refuge consists of 3,204 acres of bay bottom, salt marsh, and a small freshwater wetland. It is managed principally for use by migratory waterfowl and other waterbirds. It is also one of the few bay-bottom refuges owned and managed by the U.S. Fish and Wildlife Service. The refuge is located off Long Island Sound, and the sheltered nature of the bay makes it extremely attractive as winter habitat for a variety of waterfowl species, especially diving ducks.

    The State of New York has designated the Oyster Bay area as a Significant Coastal Fish and Wildlife Habitat. Marine wildlife common to the refuge includes harbor seals, diamondback terrapins, and several species of sea turtles. Shellfish and finfish are abundant at Oyster Bay. The bay supports the only commercial oyster farm aquaculture operation remaining on Long Island, and an estimated 90 percent of the commercial oysters in New York originate from areas associated with the refuge.

     

    YOU WILL FIND THIS AT THE BOTTOM OF THE PAGE IF YOU GO TO THE LINK BELOW

    http://www.fws.gov/refuge/Oyster_Bay/wildlife_and_habitat/index.html

     

    ALSO, CHECK OUT THE TRAVEL CHANNEL VIDEO ON LONG ISLAND OYSTERS

     

     

06-27-14 Marin Co Sup Court DBOC WINS OVER CCC, CCC ABUSED DISCRETION & VIOLATED the LAW

“DRAKES BAY OYSTER WAS VINDICATED TODAY

in its fight against unjust enforcement orders imposed last year

BY THE CALIFORNIA COASTAL COMMISSION.

The Marin County Superior Court 

OVERTURNED THOSE ORDERS IN EVERY SIGNIFICANT EFFECT,

finding that the

COMMISSION’S

UNFAIR PROCESS

WAS AN

ABUSE OF DISCRETION

AND A

VIOLATION OF ENVIRONMENTAL LAW.”

 

June 27, 2014  Media Contact: Tina Walker Office: 415.227.9700 Cell: 650.248.1037 Email: tina@singersf.com    

 

Drakes Bay Wins: Court Overturns California Coastal Commission Orders Against Oyster Farm Commission abused its discretion and violated environmental law

INVERNESS, CALIF. — Drakes Bay Oyster was vindicated today in its fight against unjust enforcement orders imposed last year by the California Coastal Commission. The Marin County Superior Court overturned those orders in every significant respect, finding that the Commission’s unfair process was an abuse of discretion and a violation of environmental law.

 

The enforcement orders were based on false allegations for which there was no evidence. Before a hearing last February, expert evidence disproving the allegations was provided by the Lunnys, but the Commission voted to exclude all the evidence the Lunnys presented in their own defense.

 

“This is a good day for California,” said Phyllis Faber, a Marin County environmental activist and biologist who was a founding member of the Commission. “The Coastal Commission had seriously abused its power. It was necessary to hold them accountable.”

 

Now that the Commission’s unfair enforcement orders have been overturned, the oyster farm and the Commission can get back to working on a permit for the farm.

 

Drakes Bay’s lawsuit against the Coastal Commission is separate from its suit against the National Park Service, which is currently pending at the U.S. Supreme Court.  The Supreme Court could decide as soon as Monday whether to take Drakes Bay’s case.

 

About Drakes Bay Oyster Company

The historic oyster farm in Drakes Estero, located in Point Reyes, Marin County, has been part of the community for nearly 100 years. The Lunnys, a fourth-generation Point Reyes ranching family, purchased the oyster farm in 2004. Modern environmentalists and proponents of sustainable agriculture praise Drakes Bay Oyster as a superb example of how people can produce high-quality food in harmony with the environment. The farm produces approximately one third of all oysters grown in California, and employs 30 members of the community. The Lunnys also contribute the oyster shells that make possible the restoration of native oysters in San Francisco Bay and the oyster shells used to create habitat for the endangered Snowy Plover and Least Tern. As the last oyster cannery in California, Drakes Bay is the only local (and thus the only safe and affordable) source of these shells. The Lunny family is proud of its contributions to a sustainable food model that conserves and maintains the productivity of the local landscapes and the health of its inhabitants. For more information, please visit www.drakesbayoyster.comand www.savedrakesbay.com

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