National Park Service, Drakes Bay Oyster Co. Announce Exit Agreement

After nearly a decade of negotiations, scientific studies, congressional intervention and protracted legal skirmishing, the National Park Service and Drakes Bay Oyster Co. announced Monday they've reached agreement on terms for the firm's final exit from Point Reyes National Seashore.

Under the deal announced by both sides -- formally, a proposed consent decree (embedded below) that still needs federal court approval -- Drakes Bay will be allowed to continue harvesting shellfish from the national park's Drakes Estero through Dec. 31. After losing its final legal round in June, when the U.S. Supreme Court declined to hear its case, the company had expressed concern about the large number of salable oysters it might have to dump if forced to shut down immediately.

The company shut down retail operations at the oyster farm at the end of July. It has continued to sell to wholesalers while owner Kevin Lunny and his attorneys negotiated with the park service.

Monday's agreement also addresses the contentious issue of how and when the oyster company's infrastructure, including miles of creosote-coated wooden racks, will be removed from the estero. Drakes Bay has agreed to work with park officials to identify all of its unused racks and other equipment and allow it to be removed immediately.

Finally, the agreement also includes a promise by the National Park Service to help Drakes Bay workers relocate.

Oyster farming at Drakes Estero began more than a century ago, long before the establishment of Point Reyes National Seashore by laws passed in the 1960s and '70s. In 1972, the federal government granted the shellfish operation, then known as Johnson's Oyster Farm, a 40-year lease. In 2004, Lunny and his family took over the lease from the Johnsons, cleaned up and improved the operation and began a campaign to extend the lease. The National Park Service declined to do so, leading to passage of legislation by Sen. Dianne Feinstein, D-California, that would allow the secretary of the Interior to extend the lease. After extensive (and disputed) environmental studies, Interior Secretary Ken Salazar decided to let the lease end on schedule in late 2012. The Lunnys challenged that decision in court and lost both at the district level and the 9th U.S. Circuit Court of Appeals before the Supreme Court refused to hear the case.

In a separate press release issued Monday, the Lunny family announced that it intends to open a new restaurant and oyster operation on nearby Tomales Bay, already the home of several successful oyster farms. From the statement:

“This new venture will allow us to continue to provide jobs for many of our oyster workers while supporting other small family farms and fishermen in West Marin County,” said Kevin Lunny. “We are delighted that we will be able to continue to offer bags of oysters to our cherished Drakes Bay retail customers. And we are very excited about the opportunity to serve oysters and other fabulous local food at this stunning location on the water, with dining and decks overlooking beautiful Tomales Bay.”

Tomales Bay Resort owner Jeff Harriman said “I am thrilled to have the Lunnys bring the restaurant component to our 5 acre, 35 room Resort and Marina.”

Here's the announced agreement between the National Park Service and Drakes Bay: