02-25-13 Order Granting Injunction Pending Appeal and Expediting Calendaring


Click on the above link or just read what was copied and pasted below:

Plaintiffs – Appellants,
KENNETH L. SALAZAR, in his official
capacity as Secretary, U.S. Department of
the Interior; et al.,
Defendants – Appellees.
No. 13-15227
D.C. No. 4:12-cv-06134-YGR
Northern District of California,
Before: GOODWIN, WARDLAW, and MURGUIA, Circuit Judges.
This is a preliminary injunction appeal.
The court grants the motion of Environmental Action Committee of West
Marin, National Parks Conservation Association, Natural Resources Defense
Council, and Save Our Seashore for leave to file an amici curiae response in
opposition to the emergency motion for injunction pending appeal. The Clerk shall
file the amici curiae opposition submitted on February 19, 2013. If these entities
seek leave to file an amici curiae brief on the merits of this appeal, a separate
motion is required.
FEB 25 2013
Case: 13-15227 02/25/2013 ID: 8524948 DktEntry: 22 Page: 1 of 2
The court grants appellants’ request to file a response to the amici curiae
opposition. The Clerk shall file the response submitted by appellants on February
21, 2013.
Appellants’ emergency motion for an injunction pending appeal is granted,
because there are serious legal questions and the balance of hardships tips sharply
in appellants’ favor. See Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127,
1131-35 (9th Cir. 2011).
The court sua sponte expedites the calendaring of this preliminary injunction
appeal. The Clerk shall calendar this case during the week of May 13-17, 2013 in
San Francisco.
The briefing schedule established previously shall remain in effect.
Case: 13-15227 02/25/2013 ID: 8524948 DktEntry: 22 Page: 2 of 2

11-08-2012 Save Drakes Bay Oyster Farm Video and Petition

To access this three minute video and the petition to Save Drakes Bay Oyster Farm, please click on the link below or copy and paste it into your web browser.

Save Drakes Bay Oyster Farm 3 minute video and Petition 11-08-2012

Meet the Oyster Girls – Petaluma, CA Patch

Merging sex appeal and locally-harvested oysters, Petaluma residents Aluxa and Jazmine Lalicker want to educate Sonoma County gourmands about why the mollusk is not only tasty, but also good for the environment.

Four years ago, Aluxa Lalicker was working as a sea kayak guide in Tomales Bay, when she started bringing oysters along on her trips and serving them to her guests.

The treats were a hit, and lo and behold, a new business was born.

Today Lalicker is part of the Petaluma-basedThe Oyster Girls, a traveling oyster bar that is injecting femininity into a culinary sub-culture dominated by men.

“People think that oysters are dirty and hard to open, but that’s not true,” says the 30-year-old Lalicker. “It’s all about the technique.”

Lalicker runs the business with her 23-year-old sister Jazmine and their mom, often assisted by a group of girlfriends, serving up the tasty mollusks at Sonoma County wineries, galas, weddings and other events.

Often wearing dresses and high heels, the Lalicker girls ooze sex appeal that’s become part of their brand. (Their business card features a pin-up girl sitting inside an oyster shell.)

But they’re a lot more than just pretty faces.

The Lalickers take the time to travel to local oyster farms (Tomales Bay Oyster Company and Drakes Bay Oyster Company), going out on small motorboats to pick up the product, bring it back to land and spray wash it before taking it to a party.

“We don’t get paid for that part of the job, but we wanted to create that farm to table experience,” says Jazmine Lalicker. “It’s an important part of our business.”

For the full article, click on the link below:

Meet the Oyster Girls – Petaluma, CA Patch.

10-30-2012 An Oyster in the Storm – NYTimes.com

“…as Hurricane Sandy bears down on me, I find I’m desperately missing one thing.

I wish I had some oysters.

I’m not talking about oysters to eat — although a dozen would be nice to go with that leftover bottle of Champagne that I really should drink if the fridge goes off. I’m talking about the oysters that once protected New Yorkers from storm surges, a bivalve population that numbered in the trillions and that played a critical role in stabilizing the shoreline from Washington to Boston.

Generation after generation of oyster larvae rooted themselves on layers of mature oyster shells for more than 7,000 years until enormous underwater reefs were built up around nearly every shore of greater New York.

Just as corals protect tropical islands, these oyster beds created undulation and contour on the harbor bottom that broke up wave action before it could pound the shore with its full force. Beds closer to shore clarified the water through their assiduous filtration (a single oyster can filter as much as 50 gallons of water a day); this allowed marsh grasses to grow, which in turn held the shores together with their extensive root structure.

But 400 years of poor behavior on the part of humans have ruined all that. As Mark Kurlansky details in his fine book “The Big Oyster,” during their first 300 years on these shores colonists nearly ate the wild creatures out of existence. We mined the natural beds throughout the waterways of greater New York and burned them down for lime or crushed them up for road beds.

Once we’d hurled all that against the wild New York oyster, baymen switched to farming oysters. But soon New Yorkers ruined that too. Rudimentary sewer systems dumped typhoid- and cholera-carrying bacteria onto the beds of Jamaica Bay. Large industries dumped tons of pollutants like PCBs and heavy metals like chromium into the Hudson and Raritan Rivers, rendering shellfish from those beds inedible. By the late 1930s, oysters in New York and all the benefits they brought were finished.

Fortunately, the New York oyster is making something of a comeback. Ever since the Clean Water Act was passed in the 1970s, the harbor’s waters have been getting cleaner, and there is now enough dissolved oxygen in our waterways to support oyster life. In the last 10 years, limited sets of natural oyster larvae occurred in several different waterways that make up the Greater New York Bight.

Alongside nature’s efforts, a consortium of human-run organizations that include the Hudson River Foundation, New York-New Jersey Bay Keeper, the Harbor School and even the Army Corps of Engineers have worked together to put out a handful of test reefs throughout the Bight.

For the full article click on the link below:

via An Oyster in the Storm – NYTimes.com.

10-18-2012 Hit Piece misrepresents invasive, at fault: Marin IJ and Santa Rosa Press Dem

An article declaring the threat of a “newly discovered” invasive species in Drakes Estero, published in the Santa Rosa Press Democrat and reprinted in the Marin Independent Journal this week, appears to be yet another hit piece churned out by wilderness advocates in the weeks leading up to the expiration of Drakes Bay Oyster Company’s lease.



Article misrepresents invasive


An article declaring the threat of a “newly discovered” invasive species in Drakes Estero, published in the Santa Rosa Press Democrat and reprinted in the Marin Independent Journal this week, appears to be yet another hit piece churned out by wilderness advocates in the weeks leading up to the expiration of Drakes Bay Oyster Company’s lease. In the article, titled “Nasty invasive species turns up in Drakes Estero,” Amy Trainer, executive director of the Environmental Action Committee, described the discovery of the species “a very serious matter” and Rick Johnson of the Marin Audubon Society called on the seashore to “nip this in the bud.”


The species is Didemnum vexillumn, a tunicate that forms yellow blankets over subtidal hard substrate and has long been known to colonize oysters growing in the estero. Didemnum has been known to Point Reyes National Seashore scientists since 2005, when the University of California, Davis conducted a study of the estero on the seashore’s behalf; the species has been part of the debate over aquaculture in Drakes Estero since 2007, when a seashore scientist wrote about it in this newspaper.


At the time, Andy Cohen, director of the biological invasions program at the San Francisco Estuary Institute, told that Light that since the bottom of the estero is soft sand and mud, the organism is more likely to affect the oysters than any other marine life. Dr. Mary Carman, who researches didemnum at the Woods Hole Oceanographic Institute, said the organism does not successfully grow on eelgrass. It can cling to eelgrass blades for about 10 days before sloughing off, she said, becausethe grass secretes a protective acid. She has never known the tunicate to harm eelgrass in the wild, she added. According to the Department of Fish and Game, eelgrass acreage has doubled in the estero over the last 20 years.

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