Mariculture and Wilderness In Drakes Estero, Point Reyes National Seashore

Marin Conservation League has been involved in the preservation of unique ecosystems in Pt. Reyes National Seashore (PRNS) for more than 70 years – beginning with the first acquisition of Drakes Beach by the League in 1938, to authorization of the Park in 1962, to advocating for designation of wilderness areas within the seashore in 1976.  At that time, Congress designated Drakes Estero as potential rather than full wilderness to allow the existing Johnson Oyster Company to continue as a nonconforming use until its 40-year Right of Use and Occupancy (RUO), negotiated in 1972, expired in 2012.  Kevin Lunny purchased the company in 2005 (Drakes Bay Oyster Co.) with full knowledge of the expiration date. The new owner launched a campaign to seek an extension of the permit.  PRNS affirmed that it does not have authority to issue a new permit, in accordance with its interpretation of the Pt. Reyes Wilderness Act and supporting  Park policies.

In 2009, the Secretary of the Interior was granted discretionary authority by federal legislation to issue a new Special Use Permit (SUP) to Drakes Bay Oyster Company to continue operations for 10 years, i.e., until 2022, at which time Drakes Estero would become full wilderness as designated by Congress in 1976.

MCL  supports the public expectation that Drakes Estero should be preserved as refuge for wildlife under the most natural conditions possible.  The question of when the Estero should become full wilderness as designated by Congress is now the subject of an Environmental Impact Statement prepared by the National Park Service. In a recent MCL Board action (November 15, 2011), it was agreed by a narrow margin of the Board to support the EIS Alternative B, under which the Drakes Bay Oyster Company would be issued a new SUP for 10 years – until 2022 – and allowed to continue operations at approximately existing levels.  Under this alternative, the Congressionally designated potential wilderness in Drakes Estero would become full wilderness in 2022.

The Draft EIS is available for comment online until December 9, 2011.

MCL fully supports the continuation of agriculture within the pastoral zone of PRNS, as designated at the time of the Seashore’s authorization in 1962.

• December 9, 2011 - MCL Comments on the DBOC Draft Environmental Impact Statement
• September 23, 2011 - Draft Environmental Impact Statement Drakes Bay Oyster Company Special Use Permit

2010 Documents and Correspondence

• November 22, 2010, MCL comments on the DBOC Special Use Permit EIS Scoping
• June 16, 2010, MCL letter to Interior Secretary Salazar

• October 13, 2009, Dr. Marty Griffin's Marin Independent Journal Marin Voice Column
• July 14, 2009, MCL Oral Testimony Before the Marin Board of Supervisors
• January 21, 2009, MCL Letter to Congresswoman Lynn Woolsey