Drakes Bay Oyster Company: NPS Rejects Pacific Coast Shellfish Grower's Association Data Quality Complaint

"...your May 30, 2013, letter is without merit..."

3 strikes and you are out -
The National Park Service (NPS) has written to the Pacific Coast Shellfish Growers' Association and informed them its 2013 Information Quality (IQ) complaint is without merit. PCSGA's 2007 IQ complaint was also rejected by the NPS. As was Cause of Action's 2012 complaint (submitted on behalf of Corey Goodman and Kevin Lunny) and their appeal. In baseball, after 3 strikes you are out.

Complaint is mooted - commercial activities are not compatible in a wilderness area
As with PCSGA's 2007 complaint the most recent complaint from PCSGA was mooted. In this most recent case it was when the Secretary of the Interior allowed Drakes Bay Oyster Company's "authorizations to expire by their own terms." NPS notes that the decision was "based on the incompatibility of commercial activities in wilderness and not on the data that was asserted to be flawed." Despite Jeff Creque's attempt to redefine "wilderness" in his recent Op-ed piece, wilderness is not a "sort of" concept.

Phantom allegations, repeated comments, not an affected person
PCSGA's allegations of harm was rejected as being "an unsubstantiated quotation of an aquaculture advocate in a report written by DBOC's former counsel [Cause of Action]."  They note further that their letter is nothing more than a repetition of comments raised in a December 9, 2011, comment letter. NPS notes it responded then to all substantive comments received. It notes: "The Information Quality Act is not to be used as a means of circumventing the NEPA public comment process." NPS notes PCSGA had the opportunity to comment, it did comment, and "...NPS responded to those comments in the FEIS. Your IQA Complaint essentially resubmits comments, and does not present any significant new information." Finally, NPS questions whether PCSGA is even an affected person, noting they argue "members might be harmed at some point in the future by some hypothetical arguments that could be raised by unnamed opponents" and "alleged harm offered in your Complaint concerns decisions made in states where your client has no members, and that example is based on an unsubstantiated quotation in a report by DBOC's former counsel."

Without merit
"In conclusion, we find that your May 30, 2013, letter is without merit..."

What now? Redefining the public trust doctrine
Already seen have been attempts to create a "corporate wilderness definition" using the glasses of "agroecologist" Jeff Creque. His false vision of Drakes Estero producing "unlimited biomass" created by "unlimited carbon and nutrients" solving the world's food problem will continue. On the horizon will be attempts to redefine what the "public trust" retained by California was when it transferred ownership to the Federal government. In that attempt to redefine the public trust retained by California, a claim will be made that the corporate profits generated by DBOC should somehow trump the contractual agreement to create a wilderness area to be shared by everyone. It should be rejected, as was the IQ complaint by PCSGA.

The Public Trust Doctrine: "By the law of nature these things are common to mankind – the air, running water, the sea, and consequently the shores of the sea….. All rivers and ports are public: hence the right of fishing in a port, or in rivers, is common to all men." --- Institutes of Emperer Justinian, Book 2, Div. 1 (535 A.C.E)

The public trust doctrine does not include the inalienable right of one shellfish farmer's profits to prevent the creation of a wilderness area for everyone. 

Drakes Bay Oyster Company is in Crisis Management Mode

Sam Singer: "The Fixer"

Founder and CEO of 

Singer Associates, Inc.

 

Drakes Bay Oyster Company is in crisis control mode, enlisting Singer Associates to help put a new frame around an old picture. DBOC's "free" legal advice from Cause of Action ended when COA demanded Public Broadcast Service's NewsHour turn over all video tapes used in their article on DBOC. It resulted in a public relations nightmare which shattered the relationship between DBOC and COA like a shotgun blast hitting a skeet. Drakes Bay Oyster Company has begun to understand that nothing is free and there are multiple agendas at play, many of which see DBOC as a simple pawn in a larger game, upon which the tar of right wing conservatism has been spread and it doesn't know how to get it off.

PCSGA Attorney

Robert M. Smith

Newly hired California 

attorney at Plauche & Carr

(created through representing

the needs and wants

of the shellfish industry)



In the shifting tides of aliances for DBOC the Pacific Coast Shellfish Growers Association has also distanced themselves from DBOC. In their latest "Complaint about Information Quality" (signed by newly hired California attorney Robert Smith, previously with Jenkins and Hogin) they claim their new complaint is not "moot" as their 2007 "Complaint" was found to be, and as was Cause of Action's most recent "Complaint."

In PCSGA's new "Complaint" they acknowledge the "Secretary of the Interior decided to not renew DBOC's lease as a matter of discretion" and that "...the Secretary did not rely on the EIS in making his decision..." Instead of "jobs" or the "Lunny family" PCSGA's concern is the shellfish industry's actions have been found to have adverse impacts which outweigh benefits. Their concern is the environmental impacts will "be cited in review of other shellfish proposals throughout the country, thereby harming the PCSGA and its members."

 

        Bag of Clams

       in dirty water.                                          Clean water.

                      

"Proof" that a bag of clams                       "Proof" water is clean 

in an aquarium filters water                       if you don't pollute it.

which pollutants were added to.

They should be concerned. Constant repetition of "filter feeders" and "nitrogen removal" will not make an insignificant role any more significant. There is no problem with Drakes Estero's waters, nor will there be if DBOC oysters are removed. Even if there were some problem it is not something which will be managed by shellfish. As seen in virtually every healthy body of fresh water throughout the world, oysters have nothing to do with it. Controlling what enters the waters is what matters. As Dr. Land with the University of Texas, Austin, noted so clearly, "Pollution must be stopped. Sopping up never works."

Singer in Action
Today's online Wall Street Journal brackets a public relations "creation" on Drakes Bay Oyster Company with this line at the top and the bottom:

The Wall Street Journal news department was not involved in the creation of this content.

At the bottom, just above the second disclaimer of the "...not involved in the creation of this content" is the contact information: Sam Singer, 415-336-4949 (Cell) In short, what is passed on as "news" is nothing more than an office press release from Singer and Associates, picked up through nothing more than "chummy relations" (see below).

Reuters pr creation on the same topic from Singer and Associates was more to the point: "Reuters is not responsible for the content in this press release." Is this really news reporting or "chummy relations", similar to Dr. Goodman's Marin Media Institute's ownership of Point Reyes Light?



Terrorists attack Foie Gras, Treasure Island Becomes Developed (maybe), and Americas Cup is "Foiled"
Mr. Singer's efforts have included  developing a communication plan to "battle a terrorist attack on producers of foie gras", to have been on the communication team for "some of the largest real estate and transportation development projects in California, including the redevelopment of Treasure Island", and trying to explain why the America's Cup is looming as a financial disaster. Can he make this open oyster on the shelf of a grocery store edible? Not likely.

"I've got friends in high places."
Part of his attraction to those "...who apparently don't feel capable of dealing with the media themselves" is "because of the chummy relations he has cultivated with reporters and columnists at the city's major news outlets" (SFGate, January 7, 2008).  This apparently includes the Wall Street Journal, owned by Rupert Murdoch's News Corporation which also owns Fox News.

Rupert Murdoch

Owner of News Corp.



Mr. Singer has a lot to "fix" with Drakes Bay Oyster Company. The shattered shards of skeet spread on the tidelands of Drakes Estero through the shotgun approach of past decisions speaks for itself. The conservative tar which has been spread on DBOC in its attempt to usurp the Congressional declaration that Drakes Estero will become a wilderness when DBOC ceases operation will not wash off. Mr. Singer's best plan of action is to try and get those shards stuck onto DBOC's layer of tar, put it out to pasture, and let PCSGA attorneys discover - once again - its complaint is a moot point.

Shellfish Growers Beach Cleanup March 13, Low Tide +1.4

The Pacific Shellfish Growers Association has announced their "beach cleanup" will occur March 13 when the low tide is +1.4 feet. [click here for tide table]  Waterfront property owners who would prefer growers not walk their beaches should call 360-754-2744.

Read more here: http://www.theolympian.com/2013/03/07/2451441/south-sound-beach-cleanup-set.html#storylink=cpy

PVC Pipe from Geoduck Farms

Located in the lower tidal elevations

of +2 to -4.

 

Beach cleanups, by whatever groups are important. However, until the PCSGA begins to hold these events during minus tides when much of the derelict shellfish gear of concern is exposed, it may be worth PCSGA considering not using the event as a promotional tool showing how little shellfish gear is collected. (see 2013 tide table below to see when minus tides - in red - expose the lower elevations)

 

2013 Tide Table (Olympia time)

(Click to enlarge)