Final Judgment, Order, and Decree
On Wednesday, October 8, 2014, U.S. District Judge Yvonne Gonzalez Rogers approved the terms of the Stipulated Request for Approval of Settlement Agreement and Entry of Consent Decree (see below) and entered the Settlement Agreement and Consent Decree as a final Judgment, Order, and Decree in the case, ending the litigation between Drakes Bay Oyster Company and the National Park Service.
Settlement Agreement with Drakes Bay Oyster Company
On Monday, October 6, 2014, the National Park Service announced the joint filing of a settlement agreement and proposed consent decree that, if approved by the U.S. District Court, would end litigation with Drakes Bay Oyster Company that has been ongoing since December 2012.
Secretary Salazar's Decision on the Drakes Bay Oyster Company Lease
On November 29, 2012, Secretary of the Interior Ken Salazar issued a decision that will allow the Drakes Bay Oyster Company's operating permit to expire at Point Reyes National Seashore in California according to its terms, and will return the affected area to wilderness. The decision also ensures that, in keeping with the historic use of the land, existing sustainable ranching operations within the national park will continue.
Final Environmental Impact Statement
The NPS has used the NEPA process to engage the public to evaluate the effects of issuing a Special Use Permit (SUP) for the commercial shellfish operation of Drakes Bay Oyster Company at Point Reyes National Seashore. As the culmination of the NEPA process, the NPS is making available the Final Environmental Impact Statement (EIS) assessing four alternatives and identifying the environmentally preferable alternative. However, it should be noted that Section 124 of Public Law 111-88 provides that the Secretary's decision whether to issue this permit is "notwithstanding any other provision of law." As such, the NPS has not identified a preferred alternative in the Final EIS.
The Draft EIS was available for public and agency review and comment between September 23, 2011, and December 9, 2011. An electronic copy of the Draft EIS was posted at www.parkplanning.nps.gov/PORE. Copies of the document were distributed to individuals, agencies, and organizations, and were available in local public libraries, at the public meetings, and upon request. This Final EIS provides responses to substantive agency and public comments, and incorporates those comments and suggested revisions, where necessary.
Draft Environmental Impact Statement Public Comments
Please see our Drakes Bay Oyster Company Special Use Permit Draft Environmental Impact Statement Public Comments page to read the Preliminary Content Analysis Report, including all correspondences received during the public comment period.
Draft Environmental Impact Statement
Please see our Drakes Bay Oyster Company Special Use Permit Draft Environmental Impact Statement page for details on the draft release phase of this NEPA process.
Initial Public Scoping
Please see our Drakes Bay Oyster Company Special Use Permit Environmental Impact Statement Initial Public Scoping page for details on the public scoping phase of this NEPA process.
Public Scoping Comments
Please see our Drakes Bay Oyster Company Special Use Permit Environmental Impact Statement Public Scoping Comments page to read the Public Comment Analysis Report, including all correspondences received during the public scoping period.
Please see our Drakes Bay Oyster Company Special Use Permit Environmental Impact Statement Background Information page for background information relevant to this NEPA process.
Please see our Drakes Bay Oyster Company Special Use Permit Environmental Impact Statement News Releases page for all news releases related to this NEPA process.
If you have questions regarding the Drakes Bay Oyster Company Special Use Permit Environmental Impact Statement, please call Outreach Coordinator Melanie Gunn at (415) 464-5162.
The Citizen's Guide to the National Environmental Policy Act (NEPA) is a useful resource for those that are not familiar with NEPA or Council on Environmental Quality Regulations. This 37-page guide, published in December 2007 and revised in January 2021, describes the NEPA process and provides information on how citizens can get involved.
Last updated: June 22, 2023