Drakes Bay Oyster: Black Helicopters Sighted About Point Reyes National Seashore

[Update 11/13: Portion of Hog Island lease in Tomales Bay closed by California Department of Health due to fecal coliform. (see Point Reyes Light article - requires subscription) Despite claims from Corey Goodman and Peter Prows of how well oysters filter water of fecal coliform, Tomales Bay tells another story. Hog Island Oyster has had a portion of its lease area closed to harvesting due to elevated levels of fecal coliform. This despite an abundance of oysters in Tomales Bay. Mr. Goodman and his sheep farm, along with other cattle ranchers along the shorelines of Tomales Bay, might consider where the pressure to clean up their discharges into the bay is going to be coming from. It will not be their bogey men written about in their October 6 article.] 

Peter Prows and Corey Goodman Claim Protect Our Shoreline

Part of Some Scheme to Eliminate Agriculture

on Point Reyes National Seashore

Flights of fantasy - no charge

In what borders on hyperbolic exclamations of paranoia, Peter Prows and Corey Goodman have claimed this blog site is somehow part of a scheme to eliminate cattle ranching on Point Reyes National Seashore. Quoting from an October 6 post in which it was suggested an opportunity exits to see how effective oysters are in clearing the water, when harvesting of planted oysters is completed at the end of the year, they instead use Glen Beck logic to make this site part of a "master plan" whose sole purpose is to eliminate ranching from Point Reyes Seashore. To be clear, this site is not part of a "plan" to end cattle ranching or sheep farming on Point Reyes or nearby.

They're coming after your minds.

Get your tinfoil hats out!

Control the press, you control their minds -  and willingness to speak of written memories?

Mr. Prows and Mr. Goodman have put in their minds, and now in printed words through the Point Reyes Light (which Mr. Goodman's Marin Media Institue purchased in 2010), a story of such fantasy it puts in question what legal or investing advice flows from the two authors. In their co-authored piece, retired (2003) superintendent of Channel Islands National Park Tim Setnicka and Santa Rosa Island are referred to. In a recent speech (which the PRL said "sometimes sounded like a conspiracy") Mr. Setnicka referred to a $28 million sale by Vail and Vickers Company of Santa Rosa Island which allowed occupancy for 25 years. In 2011, what had evolved into a private hunting reserve for wealthy clients, the lease came to an end and the National Park Service allowed Santa Rosa Island to become available to all citizens. Mr. Setnicka, Mr. Goodman, and Mr. Prows apparently feel the agreement signed between the Vail and Vickers Company, who chose to convert the island to a private hunting reserve in 1998, somehow makes clear ranching on Point Reyes National Seashore is doomed. Not clarified by Mr. Setnicka in his speech was while it may have taken him from 2003 until October of this year to "speak" of his "conspiracy" belief, he did write a 3 part series for the Sanata Barbara News-Press in 2006.

Nov. 11: Nita Vail to speak of the olden days.

 Nita Vail as a child on Santa Rosa Island

From the horse's mouth - November 11

Perhaps some clarity to just what went on with the Vail family's hunting reserve and the National Park Service, including what role Mr. Setnicka played while employed by the Park Service, will be heard on November 11 when Nita Vail, daughter of the family whose lease ended in 2011, speaks at West Marin School. Ms. Vail may also be willing to discuss who it is that invited her and Mr. Setnicka to speak and perhaps shed some light on the $28 million agreement signed over 25 years ago by the Vail and Vickers Company. She may also be willing to comment on testimony before Congress by Vail family member Tim Vail in 2007 which included:

 To ease in the transition,[to a National Park] part of the island’s sale included an important provision to allow the V&V [Vail and Vickers] cattle and wildlife operations to continue within the Park through the year 2011. Specifically the family was given a 25-year lease on a 7-acre parcel with right of use and occupancy. Separately, V&V was promised by the Park Service the cattle and wildlife operations were to continue for 25 years through the use of mutually agreed upon successive 5-year Special Use Permits.

Know your enemy - or who at least who it is

It is best for the Point Reyes Light to steer from the speculation and conspiracy theories submitted by others about who cattle ranchers and sheep farmers should fear. Were they to spend a small amount of time researching water quality, they would find it is the shellfish industry's concerns about clean water the cattle ranchers and sheep farmers should fear. It is not this site.



Drakes Bay Oyster Company: Judge says to develop a plan to cease operations by August 11.

Drakes Bay Oyster Company update 7/8: Time to wind it down.

The clock's spring is winding down
July 7, Judge Gonzalez told the Department of the Interior and Drakes Bay Oyster Company to develop a plan to wind down and cease the commercial operation in Drakes Estero, part of the Philip Burton Wilderness area. Another meeting will take place August 11.

Humboldt Bay proposals (L, in blue)
and Drakes Estero (R)

(click to enlarge)

(Humboldt Bay image information taken from 

shellfish industry paper dated August 29, 2013.)

Look north young men and women

One suggestion has been that DBOC consider relocating the operation to other tideland areas in California, with Humboldt Bay being mentioned as a possible alternative. There, the shellfish industry has been working with state and local officials to open large tracts of the northern portion through the "California Shellfish Initiative." The image above shows for comparison the size of the two bodies of water. The red line is equal to one mile. These skilled workers, should they desire to start their own company, would most likely find money readily available, providing wealth far beyond that from being a DBOC employee, and set an example to their children of how adversity is overcome. Without the help of lawyers, lobbyists, and public relations firms.

Look to the past to temper optimism

While DBOC attorneys appear willing to negotiate the final actions necessary to complete the Philip Burton Wilderness area, past performance and recent statements should temper optimism. There have been numerous agreements to work out issues in the past, only to find attorneys recommending legal actions instead. Most recently, public relations attorney Peter Prows has stated: 

"...we will be evaluating over the next couple of weeks what new claims we might want to bring and how to proceed."

A horse cannot swim forever
Mr. Lunny has stated he believes he is fighting this because "it is right." He is entitled to his beliefs, but the simple fact is he made a bad business decision when he assumed he could somehow get the lease extended. 19 months of legal actions have resulted in the courts supporting, over and over, the Department of the Interior's position that the lease would end November 29, 2012; that Mr. Lunny was fully aware of that fact when he purchased the farm in 2005; and, that Congress legislated the creation of the Philip Burton Wilderness and did not exclude the oyster farm. This horse needs to be brought to shore and put out to pasture, for the benefit of all.

Agriculture and ranching in Marin County are not threatened
Claims of agriculture and ranching in Marin County being under siege and that this step is only the first in a long march to eliminate them is little more a public relations executive's pen put to paper. It is without foundation and to repeat it does not make it any more true. Agriculture and ranching have been, are, and will be a strong part of Marin County. A public relations executive in San Francisco won't change that.

The 6 p's of business: prior proper planning prevents poor performance
Asking for additional time to develop a plan which should have been developed in 2012 when the lease was slated to end is a simple example of the what happens when a business does not plan. Giving DBOC another month is generous. It is hoped they will use it wind things down, not wind up another legal plan in which only the attorneys benefit.

Drakes Bay Oyster Company: Case Management Meeting Monday July 7 To Determine Next Steps

Update 7/8: Time to wind it down.

Judge Gonzalez has given the Department of the Interior and Drakes Bay Oyster Company 30 days to develop a plan to wind down and cease the commercial operation in Drakes Estero. Another meeting will take place August 11. It has been suggested that DBOC consider relocating the operation to other tidelands in California, with Humboldt Bay being mentioned as a possible alternative. There the shellfish industry has been working with state officials to open large tracts of the northern portion. The image below shows for comparison the size of the two bodies of water. The red line is equal to one mile. Were the workers motivated money to start their own company would most likely be readily available for them to start their own company, providing wealth far beyond that from being an employee.

Humboldt Bay proposals (L, in blue) 

and Drakes Estero (R)

(click to enlarge)

(Humboldt Bay image information taken from 

shellfish industry paper dated August 29, 2013.)

Update 7/7: Perks and taxes - more responsibilities.

"You shall meet all commitments you make in your Campaign including, but not limited to, delivering all Perks you offered with your Campaign."
"You are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Perks."

How regulated is crowdfunding and what

legal responsibilities are there?

The Press Democrat has reported Judge Yvonne Gonzalez will meet with attorneys for Drakes Bay Oyster Company and the Department of the Interior. After the Supreme Court refused to hear DBOC's case last week the injunction which had allowed the company to operate for the last 19 months without a permit was lifted, allowing for the completion of the marine wilderness area.

Awe shucks
At hand is how the operation will be brought to an end, something Kevin Lunny has claimed will devastate his business, but something which he knew full well would end November 29, 2012 when he purchased the operation. That Mr. Lunny chose not to plan for an orderly closure but instead fight a legal battle to the level of the Supreme Court was his choice and his alone. He has claimed it is not over until the last oyster is shucked. It is now time to shuck the last oyster and cease operations.

Hand full of gimme and a mouthful of much obliged
In the mean time, DBOC public relations people continue to ask for money from the public on one of the internet "crowdfunding" sites where individuals promote their causes asking for money from the public. In the case of DBOC, their initial attempt was to raise money to "maintain" an already existing website and expand their on-line presence. Various "perks" were offered to donors who provided funds, including free oysters, tours and picnics. A second "tranche" is now being sought. But...

Was that an expressed or implied contract offered to donors?
Sarah Rolph, "story teller" from Carlisle, Massachusetts and hoping to publish her 2nd book (on Drakes Bay Oyster Company) has posted a note that the "oyster farm picnic" is no longer available to those who donated funds at a certain level. She has suggested others who were promised oysters for donations at another level "visit as soon as you can," implying that offer may soon be off the table. It was unclear if those who donated and would not receive what they expected would have a portion of their donation refunded or what other legal obligations DBOC may have.  DBOC's public relations attorney Peter Prows may want to consider whether those offers of "gifts" for donations were an implied or expressed contract.

Drakes Bay Oyster Company: Supreme Court Denies Request for Hearing

 

It's now time to let the Philip Burton Wilderness,

created for all citizens, be completed as Congress passed as law.

 

A contiguous marine wilderness

may now be completed. 

(click to enlarge)

 

 



Today the Supreme Court of the United States denied Drakes Bay Oyster Company's (DBOC) request to hear their case. With that decision the injunction allowing DBOC to continue its commercial operation in Drakes Estero is now lifted and the process for the removal of non-native marine species being grown by DBOC and the dismantling and removal of the structures in this wilderness area may begin.

 

Press release from the West Marin Environmental Action Committee

 

June 30, 2014

Contact:  Amy Trainer 415-306-6052

Neal Desai:  510-368-0845

Gordon Bennett: 415-663-1881

U.S. Supreme Court Declines To Hear Oyster Company Petition for Review

    Interior Department Can Proceed to Restore Wilderness To Drakes Estero as Congress Intended

Point Reyes, Calif. - Today the United States Supreme Court denied the petition for review filed by the Drakes Bay Oyster Company, thus affirming the 9th Circuit Court of Appeal's denial of the Company's preliminary injunction lawsuit. The Company sued the Interior Department in December 2012 after former Interior Secretary Ken Salazar decided to let the 40-year lease expire on its own terms. The effect will be that the temporary emergency injunction put in place by the 9^th Circuit in February 2013 will be lifted and the Department of the Interior can set in motion a timeline for the company to remove its oyster operation from Drakes Estero.

 

“The Court made the right decision in upholding the long-anticipated oyster lease expiration that protects Drakes Estero, the wild ecological heart of Point Reyes National Seashore, which is particularly important on the eve of the 50th Anniversary of the Wilderness Act,” said Amy Trainer, executive director of the Environmental Action Committee of West Marin. “We look forward to a time of healing in the community and stand ready to do our part to support the workers’ transition.”

 

“The Court decision affirms that incredibly beautiful places like Drakes Estero need to be returned to their full splendor, as Congress determined decades ago when the land was purchased by and for the American public,” said Neal Desai, Pacific Region Field Director for the National Parks Conservation Association. “We have been waiting for more than 40 years to celebrate this marine wilderness designation in Point Reyes National Seashore.” 

"There is nothing surprising in the Court decision that has now confirmed for the fourth time that the closure of the oyster operation was a well-established matter of law and policy that Mr. Lunny was fully aware of before he bought the last few years of the lease," said Gordon Bennett, President of Save Our Seashore. "  I hope that community wounds can heal and the clean-up begin so that the public and wildlife can enjoy this Marine Wilderness as Congress intended," said Bennett.

The company has been operating for 19 months past its lease expiration under the soon-to-be-lifted court injunction. The company's workers living on-site will be allowed to remain in the housing for the foreseeable future until equivalent housing can be located, and they will receive a generous relocation package allowed under federal relocation assistance laws.

# # #

Amy Trainer, JD

Executive Director

Environmental Action Committee of West Marin

Box 609 Point Reyes, CA 94956

amy@eacmarin.org

(415) 663-9312 office

(415) 306-6052 cell

Protecting West Marin Since 1971!

www.eacmarin.org

www.savepointreyeswilderness.org

www.pointreyesbirdingfestival.org

*Like* us on Facebook

Those who contemplate the beauty of the Earth

find reserves of strength that will endure

as long as life lasts.  ~ Rachel Carson



Drakes Bay Oyster Company: Attorney Peter Prows Practicing his Reverse Speech?

In an apparent practice session to be sure his "reverse speech" is in fact saying what he wants it to, Drakes Bay Oyster Company's public relations attorney, Peter Prows was interviewed again on Sedona Dreams,  promoted as "...your Arizona source for pioneering studies in Reverse Speech." The interview, broadcast on Denver's 90.7 "Truth Frequency Radio," was followed in the second hour by "Reverse Speech" founder, David John Oates  - "Exploring the mysterious world within".

Reverse Speech Founder

John Oates

"play it in reverse"



As noted in an earlier post, why anyone would chose to be interviewed by and associated with Sedona Dreams is a mystery in itself, especially when trying to argue about what a scientific study should be. On the other hand, as pointed out in the California Coastal Commission's opposition brief, DBOC has suggested "...that perhaps Drakes Estero is exempt from the general laws of biology and chemistry." (page 13, discussing DBOC's position on its pressure treated wood racks in Drakes Estero).

Mr. Prows will have his chance to test out whether his "reverse speech" is up to snuff on March 11 before the court when he argues his case against the California Coastal Commission. Bring your computer to "hear the truth."

Drakes Bay Oyster Company: No Longer Willing to Cooperate with Coastal Commission - Files Suit, Again

To Delay Coastal Act Compliance, Drakes Bay Oyster Co. Sues Commission Again

(see announcement below)

 

Likes to litigate

Peter Prows

Public Relations Attorney

for Drakes Bay Oyster Company

 

July 19: The Contra Costa Times reported attorney Prows as saying: "We want to comply and have been complying," Prows said, noting the oyster company has developed several plans to address the commission's concerns. "We are happy to keep working with the commission."

January 30: Never mind, it's your fault, and because we are aquaculture we get a pass. Plus, you are supposed to promote and protect us.
Following a well established pattern of claiming to be willing to cooperate then filing suit to delay actions, Drakes Bay Oyster Company has sued the California Coastal Commission to delay their dealing with violations, some existing seven years. But this time they claim their violations are not violations because they are aquaculture. In fact, DBOC goes one step further, claiming that aquaculture trumps all, including the Wilderness Act.

Like a cancer spreading

adversely impacting eelgrass

 

Didemnum vexillum continues to be spread through DBOC action
In the mean time, like a tumor shedding cells which metastasize elsewhere in the body, Drakes Estero continues to feel the impact from Drakes Bay Oyster Company's operations. Their artificial structures and planted shellfish create a surface area for Dv which, when harvested, result in matured colonies of Dv breaking lose and spreading throughout Drakes Estero. As a result, eelgrass, one of the critical habitats in shallow marine waters for numerous marine species, is now being adversely impacted. This is the very Dv which Mr. Prows professed to be willing to work with the commission about. It is one of the few areas where eelgrass is being overtaken.

"I don't understand why...."

Really? It's not complicated.

Mrs. Lunny in front of a disarray of

plastic grow out bags used by

DBOC in the marine wilderness area.

 

We're a shellfish farm, we should be able to do what we want to. Even if it's a wilderness area.

In the cross-complaint Drakes Bay Oyster Company's public relations attorney Peter Prows claims that because DBOC is aquaculture they should not be regulated by the Coastal Act but instead be protected and promoted. That Drakes Estero is a designated wilderness area seems lost on he, the Lunny family, and their supporters. Artificial structures made of pressure treated wood from which metal and plastic are used for non-naitive shellfish to be grown should be promoted. Artificial grow-out bags which scour the sediments they sit on should be allowed in a wilderness area because of an attorney's odd perception that aquaculture trumps the Wilderness Act. Any activity along the coastline, if promoted in the name of aquaculture, should be given a pass, no matter what the impact on native species or the habitat supporting them. Any activity perceived as a threat to aquaculture should be banned - including cattle ranching if it pollutes the water.

 

Part of the "plan" to eliminate cattle ranching in all of Marin County

What is most ironic of all is Ms. Faber's involvement. Contained within the body of the complaint is the clear threat to any activity which threatens a body of water in which shellfish might be able to grow. Whether a development or cattle ranching, if it is perceived as a threat to aquaculture DBOC says it must go. Included is cattle ranching because it threatens the quality of water their shellfish grow in.

 

Aquaculture is not restoration

 

Aquaculture is not restoration - it is a commercial activity and Drakes Estero is a designated wilderness area

Aquaculture is not restoration. It is a commercial activity using structures, motorized vehicles, and in the case of DBOC, growing non-native species. Harvesting activities disrupt an ecosystem, destroying the artificial habitat at harvest time, over and over. Unlike San Francisco Bay where shellfish reefs are being restored, in Drakes Estero shellfish reefs are being destroyed. In a wilderness area. It's not complicated.

 

Press Release

For Immediate Release

Contact:  Amy Trainer, (415) 306-6052 

To Delay Coastal Act Compliance Drakes Bay Oyster Co. Sues Coastal Commission Again

Company’s operations continue to threaten ecological health of Drakes Estero Marine Wilderness area 

Point Reyes, California –  Almost one year after the California Coastal Commission unanimously issued a unilateral Cease and Desist Order against the controversial Drakes Bay Oyster Company (Company) for egregious violations of the California Coastal Act, the Company remains in substantial non-compliance with the Act and yesterday sued the Commission again to continue avoiding legal compliance.  The Company, whose federal lease expired on November 30, 2012 and will not be renewed, demands that the Commission grant it a coastal development permit despite the fact that it does not have approval from the property owner – the National Park Service - for ongoing operations.

“It’s outrageous that since its inception the Drakes Bay Oyster Company has refused to get an operating permit and has ignored all of the most basic coastal protection regulations, yet now sues the Commission for what the Company failed to do for seven years,” said Amy Trainer, executive director of the Environmental Action Committee of West Marin. “This unsustainable Company that pollutes our beaches, causes the spread of invasive species, and disturbs harbor seal has no place in a national park wilderness area. The Drakes Bay Oyster Company needs to stop wasting taxpayer resources on frivolous lawsuits and instead use its apparently considerable financial resources to protect the Estero’s ecology and make some meaningful progress on its shameful Coastal Act noncompliance record,” said Trainer.

As a result of its refusal to get a coastal development permit since 2005, the controversial Company has violated harbor seal protection requirements, failed to control significant amounts of its plastic that has polluted the marine environment and beaches all over the Point Reyes National Seashore, failed to pay fines of $61,250 imposed in 2009 for illegal activities, failed to get permission to grow invasive Manila clams, and failed to address the increasing amount of the invasive sea squirt Didemnum vexillum (Dvex) or “marine vomit” that its oyster operations and practices perpetuate. A scientific report released last October revealed that the controversial Company’s production of millions of non-native Japanese oysters is perpetuating “alarming” amounts of the highly aggressive and invasive “marine vomit” and threatens the ecological health of Drakes Estero marine wilderness area.

The study, prepared by Jude Stalker, an experienced Bay Area invasive species removal specialist, documented that  the marine vomit has infested the non-native oysters and oyster infrastructure. Shockingly the marine vomit has invaded both dead and live eelgrass that exists next to the marine vomit-coated oysters and racks on the floor of Drakes Estero. Dvex is considered to be a significant threat to the health of marine ecosystems because of its documented ability to spread rapidly, smother native flora and habitats, and thereby reduce the biodiversity of natural areas. Eelgrass dominates the bottom habitat of Drakes Estero, thus the potential adverse impact from the ongoing Dvex infestation by the Company is substantial.

 “Despite awareness of the increasing marine vomit infestation on its non-native oysters, the Company has failed to take responsibility for or take any steps to remediate this serious ecological mess,” Trainer said. Research has shown that a rapid response to a Dvex infestation is essential to successfully manage and ensure its removal from a natural area. The report recommended the immediate removal of Dvex from all infested sources in the Estero, including infested oysters, infested oyster cultivation infrastructure, infested live and dead eelgrass, and any other infested natural substrate.

The Drakes Bay Oyster Company was denied for the second time a preliminary injunction to keep operating by the 9^th Circuit Court of Appeals on September 3^rd and was denied its request for review of that decision by an 11-judge panel of the 9th Circuit on January 14^th.  Drakes Bay Oyster Company was removed from the Monterey Bay Aquarium’s Seafood Watch Partner list 4 years ago and is being supported by the Koch brothers funded Pacific Legal Foundation and Americans For Prosperity in its quest to commercialize Drakes Estero Wilderness.

 

# # # 

http://www.indybay.org/newsitems/2014/01/30/18750022.php

Amy Trainer

Executive Director

Environmental Action Committee of West Marin

Box 609 Point Reyes, CA 94956

amy@eacmarin.org

(415) 663-9312 office

(415) 306-6052 cell

Protecting West Marin Since 1971!

www.eacmarin.org

www.savepointreyeswilderness.org

www.pointreyesbirdingfestival.org

*Like* us on Facebook

Those who contemplate the beauty of the Earth

find reserves of strength that will endure

as long as life lasts.  ~ Rachel Carson