Obama Administration Shuts Down 100 Year Old Oyster Farm This Week

[Stephanie]

The Judge who made the ruling is not part of the administration and neither is congress .


http://www.nationalparkstraveler.com/files/PORE-Order Denying TRO.pdf

You don't get it. It doesn't matter so long as the Nutter's can find some way to attach Obama's name to it. The facts don't matter either.

Is that all you got?
zzzzzzzzzzzzzzzzzzz

 

[Oldguy]

The Judge who made the ruling is not part of the administration and neither is congress .


http://www.nationalparkstraveler.com/files/PORE-Order Denying TRO.pdf

You don't get it. It doesn't matter so long as the Nutter's can find some way to attach Obama's name to it. The facts don't matter either.

Is that all you got?
zzzzzzzzzzzzzzzzzzz

That's all it takes. Arguing with you about it is about like arguing nuclear physics with a 2 year old. All you know is OMG! OBAMA! and nothing will cut through your bigotry.

 

[boedicca]

Ken Salazar could have saved the oyster farm by renewing its lease.

But he didn't.

And now a bunch more people are out of work.

 

[kiwiman127]

In her ruling, Judge Rogers held that she had no jurisdiction to rule on whether the Interior secretary broke the APA, and even if she did, the Lunnys did not prove that he acted arbitrary or capricious, or abused his discretion, in his decision.

In tracking the history of the oyster operation in the estero, the federal judge noted that:

* the original lease given to the Johnson Oyster Co. carried a November 2012 expiration;

* that when the Lunnys moved to purchase the company in 2005 the Park Service provided him with a legal opinion from the Interior Department's that “the Park Service is mandated by the Wilderness Act, the Point Reyes Wilderness Act and its Management Policies to convert potential wilderness, i.e., the Johnson Oyster Company tract and the adjoining Estero, to wilderness status as soon as the non[-]conforming use can be eliminated," and that,

* the Park Service followed that up two months later with a letter to the Lunnys “'to reiterate our guidance to you regarding the transfer of the Johnson Oyster Company site to your family [and] . . . to ensure clarity and to avoid any misunderstanding.' Among other things, the letter stated that “[r]egarding the 2012 expiration date and the potential wilderness designation, based on our legal review, no new permits will be issued after that date."

Judge Rogers also noted that it clearly was Congress's intent to see the waters of the estero designated as official wilderness.

http://www.nationalparkstraveler.com/files/PORE-Order Denying TRO.pdf


National Parks | National Parks TravelerNational Parks Traveler

It seems that the demise of the Oyster company was pretty much determined in 1976 and reinforced in 2005. Lunny's had adequate notification and should have pressed the matter in 2005 before purchasing the company.
So it's not Obama, it's the BOOOSH Administration!

 

[boedicca]

The farm had been in operation for 100 years. Why should a legal owner not reasonably expect the lease to be renewed?

The proper thing would have been for the owners to be able to legally own the land they managed and developed. The fact that the moonbats on this thread are celebrating the Federal government's control over a private industry, and using that control to destroy a business is beyond despicable.

 

[Michelle420]

In her ruling, Judge Rogers held that she had no jurisdiction to rule on whether the Interior secretary broke the APA, and even if she did, the Lunnys did not prove that he acted arbitrary or capricious, or abused his discretion, in his decision.

In tracking the history of the oyster operation in the estero, the federal judge noted that:

* the original lease given to the Johnson Oyster Co. carried a November 2012 expiration;

* that when the Lunnys moved to purchase the company in 2005 the Park Service provided him with a legal opinion from the Interior Department's that “the Park Service is mandated by the Wilderness Act, the Point Reyes Wilderness Act and its Management Policies to convert potential wilderness, i.e., the Johnson Oyster Company tract and the adjoining Estero, to wilderness status as soon as the non[-]conforming use can be eliminated," and that,

* the Park Service followed that up two months later with a letter to the Lunnys “'to reiterate our guidance to you regarding the transfer of the Johnson Oyster Company site to your family [and] . . . to ensure clarity and to avoid any misunderstanding.' Among other things, the letter stated that “[r]egarding the 2012 expiration date and the potential wilderness designation, based on our legal review, no new permits will be issued after that date."

Judge Rogers also noted that it clearly was Congress's intent to see the waters of the estero designated as official wilderness.

http://www.nationalparkstraveler.com/files/PORE-Order Denying TRO.pdf


National Parks | National Parks TravelerNational Parks Traveler

It seems that the demise of the Oyster company was pretty much determined in 1976 and reinforced in 2005. Lunny's had adequate notification and should have pressed the matter in 2005 before purchasing the company.
So it's not Obama, it's the BOOOSH Administration!

It's not Bush either.

It is about whether society wants to preserve wildlife and whether an oyster business will damage it.

What do you think, are you more for the environmental aspect or the capitalist aspect?

Politicians are just bought and paid for by the groups with those primary issues at stake.

 

[boedicca]

The capitalist aspect and environmental one are not mutually exclusive.

If the Drakes Bay Oyster folks did not practice environmentally sound practices, their oysters would be toxic. But they are not.

Proper land and sea management are not Anti-Environmental.

 

[Michelle420]

The capitalist aspect and environmental one are not mutually exclusive.

If the Drakes Bay Oyster folks did not practice environmentally sound practices, their oysters would be toxic. But they are not.

Proper land and sea management are not Anti-Environmental.

What would be the reason for environmentalists becoming involved in this issue?

Some article clippings have stated that Drake Bay oyster practices were not up to par.

I believe the state of California would like to keep them in business and has said there is no environmental issue.

However, from what I read it seems to me that is what the division is, wildlife preservation-environment groups, versus California and the Oyster business.

I would like to read the other issues if you have time to link me some.

 

[Stephanie]

You don't get it. It doesn't matter so long as the Nutter's can find some way to attach Obama's name to it. The facts don't matter either.

Is that all you got?
zzzzzzzzzzzzzzzzzzz

That's all it takes. Arguing with you about it is about like arguing nuclear physics with a 2 year old. All you know is OMG! OBAMA! and nothing will cut through your bigotry.

lol, bigotry...I thought it was racism?
but you can cry us a river if you want

 

[boedicca]

drifter:

You can use a search engine (presumably), so please do your own research. I'm not an internet research librarian.

I have been a Drakes Bay Oyster customer for years. They are quite popular locally. If they were toxic, the death rate hysterics would be all over the local media.

The burden of proof is on the EnviroNuts to prove that oysters are a hazard. They haven't done so.

 

[Michelle420]

You can use a search engine (presumably).

I've been a Drakes Bay Oyster customer for years. They are quite popular locally. If they were toxic, the death rate hysterics would be all over the local media.

The burden of proof is on the EnviroNuts to prove that oysters are a hazard. They haven't done so.

I have been googling and I broke it down to the two primary issues.

I thought you were implying that there was some other issue besides the wildlife preserve versus the oyster business.

I see now that you are just stating you are on the oyster business side.

 

[Stephanie]

Well lets just kill off all business who rely on the environment, then we can just eat mud and grass

 

[dblack]

I haven't looked into the politics of this particular situation, but the government has a responsibility to protect the commons and prevent it from being abused by anyone, whether it's for "profit" or not.

 

[Stephanie]

sorry people, but it was the Obama administration (Salazar and his envirowackos) who SHUT down this farm..

you can spin it anyway you want, those are the facts

 

[asaratis]

sorry people, but it was the Obama administration (Salazar and his envirowackos) who SHUT down this farm..

you can spin it anyway you want, those are the facts

There is little common sense in government these days. There is virtually NONE in the Obama crowd.

 

[hazlnut]

man oh man, heartbreaking
links and pictures at site

SNIP:

Posted by Jim Hoft on Friday, February 8, 2013, 9:10 AM

Another Obama success story…
The Drakes Bay Oyster Co. has been in business for 100 years.
Then came Barack Obama.
In November, the Obama Administration shut down the oyster farm. They said it was for environmental reasons.


The farm produced 40% of California oysters.

The business was ordered to close its doors this week after a federal judge denied the oyster farm’s request to overturn its eviction from Point Reyes National Seashore.

all of it here
Obama Administration Shuts Down 100 Year Old Oyster Farm This Week | The Gateway Pundit

The stupidity of these hack threads never fails....

The oyster farm shut itself down. Read the friggin' story.

And any oyster worth eating comes from New England.

 

[Connery]

sorry people, but it was the Obama administration (Salazar and his envirowackos) who SHUT down this farm..

you can spin it anyway you want, those are the facts

Thank for your insight into the "facts" Stephanie, next time do us all a favor and research the issue you wish to present.

For example, the complained of transgressions reach back to seven years when Bush was president. "The Drakes Bay Oyster Company was established in 2005 when it bought the remaining seven years on the operating permit from the original owner. The company has been repeatedly rebuked by regulatory agencies for failing to adhere to motorboat restrictions in harbor seal protection areas, failing to clean up thousands of pieces of its plastic debris released into the Estero and adjacent marine sanctuaries, and ongoing unpermitted development."

"Members of the community including local wilderness advocates will work together to provide new job and training opportunities and ensure a smooth transition for the oyster company employees once the final harvest is complete. “We will continue to support efforts to secure new jobs with living wages and health benefits or retraining assistance for them,” said Trainer. “We all want to see a positive next step for the employees and their families."

Point Reyes National Seashore

In other words the lease ran out. The company was operated by scum who destroyed a very nice business, economic stability for the area and hurt other wildlife in the process. This is not Bush's fault nor Obama's.

 

[depotoo]

My purpose was to talk about everyones involvement in the process, and what each branch of government does and what role each branch plays in it.

Because if you want to say The Obama Administration, with Congress backing and the Courts decision in favor of it, that would be more accurate.

These are different branches of government operating here and they all agreed with it.

have anything showing who in Congress was in favor of it?

I linked the PDF in which the judge stated it.

thanks, I had missed it. From the linked pdf-

Two years later, Congress passed a further enabling act (“1978 Act”) that gave the Secretary
of the Interior the authority to lease federally-owned “agricultural land” within the Seashore in
perpetuity, defining “agricultural land” as “lands which were in regular use for . . . agricultural,
ranching, or dairying purposes as of May 1, 1978.” Pub. L. No. 95-625 § 318, codified at 16 U.S.C. §
459c-5(b). At that time, Congress recognized certain “non-conforming” uses, including oyster
farming.

Sooo, when it was originally written, Congress recognized this legitimate use, yet since that time, in 2009 under a Democratically controlled Congress, law was further passed stating it could be renewd BUT only if they were to pay the US government fair market value for it, which obviously was not in the original termsm thus making it impossible for them to continue profitably -
Relevant here, in 2009, Congress enacted appropriations legislation entitled the Department of
the Interior, Environment, and Related Agencies Appropriations Act, 2010. Pub. L. No. 111-88 §
124, 123 Stat. 2904, 2932 (2009). As part of this Appropriations Act, Section 124 provided in full:
Prior to the expiration on November 30, 2012 of the Drake’s Bay Oyster
Company’s Reservation of Use and Occupancy and associated special use permit
(‘‘existing authorization’’) within Drake’s Estero at Point Reyes National
Seashore, notwithstanding any other provision of law, the Secretary of the
Interior is authorized to issue a special use permit with the same terms and
conditions as the existing authorization, except as provided herein, for a period
of 10 years from November 30, 2012: Provided, That such extended
authorization is subject to annual payments to the United States based on the fair
market value of the use of the Federal property for the duration of such renewal.

There fore, it seems to me, this administrations wish was either pay up or we will cancel your lease.

 

[Stephanie]

sorry people, but it was the Obama administration (Salazar and his envirowackos) who SHUT down this farm..

you can spin it anyway you want, those are the facts

Thank for your insight into the "facts" Stephanie, next time do us all a favor and research the issue you wish to present.

For example, the complained of transgressions reach back to seven years when Bush was president. "The Drakes Bay Oyster Company was established in 2005 when it bought the remaining seven years on the operating permit from the original owner. The company has been repeatedly rebuked by regulatory agencies for failing to adhere to motorboat restrictions in harbor seal protection areas, failing to clean up thousands of pieces of its plastic debris released into the Estero and adjacent marine sanctuaries, and ongoing unpermitted development."

"Members of the community including local wilderness advocates will work together to provide new job and training opportunities and ensure a smooth transition for the oyster company employees once the final harvest is complete. “We will continue to support efforts to secure new jobs with living wages and health benefits or retraining assistance for them,” said Trainer. “We all want to see a positive next step for the employees and their families."

Point Reyes National Seashore

In other words the lease ran out. The company was operated by scum who destroyed a very nice business, economic stability for the area and hurt other wildlife in the process. This is not Bush's fault nor Obama's.

well aren't these people wonderful...they run them out of business and then will offer to TRAIN them for something else that pays them a, living wage and health benefits...

local wilderness advocates will work together to provide new job and training opportunities and ensure a smooth transition for the oyster company employees once the final harvest is complete. “We will continue to support efforts to secure new jobs with living wages and health benefits or retraining assistance for them,” said Trainer. “We all want to see a positive next step for the employees and their families."

 

[uscitizen]

Another business getting a free ride on the govt goes under when the free ride is dropped.