Drakes Bay Oyster Company Found Violating Harbor Seal Protection Regulations Since 2008

FOR IMMEDIATE RELEASE
February 15, 2012

Contact:
Amy Trainer, Environmental Action Committee of West Marin (415) 306-6052 amy [at] eacmarin.org

Drakes Bay Oyster Company Found Violating Harbor Seal Protection Regulations Since 2008
Coastal Commission Says Full Scope of Company Violations Still Unknown

Point Reyes, CA. – The California Coastal Commission has again strongly rebuked and warned Drakes Bay Oyster Company (DBOC) for illegally operating motorboats within a harbor seal protection area in Drakes Estero, a wilderness area within Point Reyes National Seashore. DBOC recently admitted their motorboats have operated during breeding season within a seal protection area in Drakes Estero for at least four years. The controversial oyster company is seeking to extend its private use of the estero beyond its permit expiration this year, a move that would roll-back federal laws and policies intended to protect national park wilderness from commercial exploit.

The Coastal Commission sent a letter to DBOC earlier this month stating the company has violated the California Coastal Act and a 2007 Cease and Desist Order issued by the Commission, and warning of potential penalties and litigation if DBOC refuses to adhere to agreed-upon harbor seal protection measures.

The oyster company was warned by the Commission in September 2011 that ongoing illegal use of motorboats near sensitive seal areas poses “serious threats to marine habitats and wildlife” and was also put on notice for allowing thousands of pieces of plastic marine debris from its operations to litter the waters and beaches in the National Park. The Commission’s recent letter expressed concern that DBOC had failed to address their current and prior violations.

DBOC’s offered explanation for its repeated failure to adhere to harbor seal protections was rejected by the Commission as contradictory to the plain language of the harbor seal protections rules and agreement that DBOC signed as part of its special use permit with the National Park Service. The Commission noted DBOC’s previously written admissions of understanding what the protections require indicate “an admission of a longer violation.”

The Commission’s February 1st letter states: “as demonstrated by numerous photographs reviewed by Commission staff and corroborated by your admission during our meeting of January 4, 2012, DBOC has been consistently acting in a manner inconsistent with . . . .the 2008 special use permit that has been in place since April 22, 2008. As a result, DBOC has been in violation of the Order since April 22, 2008.”

Violations of the Cease and Desist Order could result in civil fines up to $6,000 per day, and any person who “knowingly and intentionally” violates the Coastal Act can be subject to civil penalties up to $15,000 per violation for each day the violation persists.

The Commission expressed its hope that DBOC’s failure to respond, “is not indicative of a lack of willingness on your part to resolve the outstanding alleged violations of the Coastal Act and Order, and to comply with the Order in the future. Should this prove to be the case, we may have little choice but to seek such remedies as assessment of stipulated penalties and/or filing a lawsuit, pursuant to Chapter 9 of the Coastal Act, to resolve the alleged violations and ensure compliance with the Order and Coastal Act.”

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Note: Harbor seal photo above by David Wimpfheimer. See this website for more images of Drakes Estero.