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From the January 21, 2010 West Marin Citizen
Marine Mammal Commission
Another study rains on Drakes Estero
By Andrea Blum
The Marine Mammal Commission released its guidelines for a review of harbor seals and human interactions in Drakes Estero. Known as the Terms of Reference, the document outlines the commission’s goal: “To conduct a detailed assessment of the sources of harbor seal disturbance in and around Drake’s Estero and, where uncertainty remains, recommend scientific study and management measures to clarify and avoid such effects.”
The terms list the potential human factors that might disturb the seals including aquaculture, kayaks and canoes, hiking and horseback riding, and potential for disease and contaminants which have yet to be documented. Taking from the National Research Council report, the commission believes there is a need for closer examination of the different ways harbor seals could be disturbed— both on land and in the water.
The response to the terms has generally been positive.
“I believe the Marine Mammal Commission will do a proper study,” said Dr. Corey Goodman, a member of the National Academy of Sciences living in Marshall who has lambasted Point Reyes National Seashore officials for what he deemed a misuse of science in the ongoing oyster farm debate. Goodman said that the MMC is following what they are mandated to do. “They know its not about wilderness or an oyster farm – its about protecting marine mammals. Hats off to the Marine Mammal Commission.”
The document states the commission will use the best available scientific information to point out strengths and weaknesses as well as gaps. Then the commission will make recommendations to the NPS for research and management goals including a review of a protocol agreement between the DBOC, the Seashore and the NOAA from 1992.
The review is one of several studies already completed on the estero, its aquaculture and its management relating to both the National Park Service and the owners of Drakes Bay Oyster Company making it one of the more studied and tax payer-funded water bodies in the country.
Like the storms that hit the California coast this week, the reviews, studies and inquests keep coming. Not only did the Inspector General of the Department of Interior review the National Park Service’s management practices of the estero and its treatment of DBOC at the request of Senator Diane Feinstein, the National Research Council reviewed the science and the effects of aquaculture on the estero. The NRC study came up with no solid evidence that the oyster farm harmed the ecosystem.
While there is always the potential for harm, the estero and the oyster operation received high marks without an ecologically damning conclusion. Even with the recent violation with DBOC clams in a harbor seal protected zone, the estero and the seals, according to NPS officials, remain unharmed.
The Sidebar
Scientific Misconduct
The Inspector General report released in 2008 scolded the park for exaggerations in their documents, but charges of scientific misconduct against Seashore officials were never confirmed.
Undeterred, Dr. Corey Goodman pursued scientific misconduct charges against Dr. Ben Becker, marine ecologist and director of the Pacific Coast Science and Learning Center at Point Reyes National Seashore. Goodman’s objections to the integrity of Becker’s research submitted for publication to the scientific journal Marine Mammal Science were dismissed by the journal’s editor.
In an Oct. 2008 communication, Marine Mammal Science editor Daryl Boness writes Dr. Becker, “I have now received input from some of the original reviewers and Associate Editor on your replies to the concerns and questions raised by Dr. Corey Goodman…I have also communicated with Dr. Susan Roberts of the NRC and Dr. Tom Moore of the California Fish & Game. I am satisfied that there is no basis for considering pulling your paper from Marine Mammal Science for ethical grounds (scientific misconduct). The reviews I received based on your responses to Dr. Goodman's questions and your new analyses suggest there is no need to even revise your manuscript before publication should be allowed.”
Aiming higher, Goodman repeatedly pursued misconduct charges against then-director of the Park Service Pacific West Region, John Jarvis, but the allegations so far haven’t stuck. Jarvis’s confirmation as Park Service director was even bolstered by Pete Peterson, chairman of the National Academy of Sciences panel in charge of reviewing the park’s science relating to Drakes Bay Oyster Company.
Writing in a May 2009 email, Peterson tells Jarvis that he expressed support for Jarvis’ candidacy for NPS Head to John Holden, director of the White House Office of Science and Technology Policy and Obama’s top science adviser, “based on your professionalism and strong commitment to science that you have demonstrated.” Peterson said he also told Holden that in his opinion, “those claiming scientific fraud or misconduct by NPS in the Drakes Estero case are simply wrong.”
Goodman subsequently complained on July 15 to the Dept. of Interior Office of the Inspector General requesting an investigation of Jonathan Jarvis for misconduct and ethics violations. Dr. Goodman alleged that Jarvis deliberately directed “…a web of deception and a cover-up of misconduct . . . ” to keep information from the public.
In a July 24 memorandum to Deputy Chief of Staff Renee Stone, the Assistant Inspector General for Investigations John E. Dupuy, wrote, “We have completed an inquiry into this allegation and we have found no evidence to support this complaint.”
End of the Sidebar
Even so, those in the environmental community associated with the converting the area to “wilderness” in 2012 and those at the Point Reyes National Seashore thought there should be more inquiry. The federally-funded Marine Mammal Commission agreed.
The MMC was contacted in 2007 around the time Superintendent Don Neubacher declared— now retracted— that there was an 80 percent decline in the harbor seal population. Then on 9, June 2009 the National Parks Conservation Association and Sierra Club requested that the commission review the conclusions of the 2009 National Research Council report taking into consideration the park’s directive to use the “precautionary principle” in management.
“We hope the results of the Marine Mammal Commission’s efforts will provide better protection measures for harbor seals between now and 2012,” said Neil Desai of the National Parks Conservation Association who are avid supporters of wilderness status. “Ultimately, and as underscored by the most recent violation of harbor seal protections by the Drake’s Bay Oyster Company, the oyster operation is simply not compatible with protecting this critical wildlife refuge for our children and grandchildren.”
The commission said under their mandate of the Marine Mammal Protection Act they would have “a useful role to play,” stating its goal of protecting harbor seals in the estero from human activities.
In February the panel will convene for four days in the Point Reyes area and take one day on the estero and surroundings which will be closed to the public. Open to the public are presentations by Drake’s Bay Oyster Company, Dr. Corey Goodman, California Department of Fish and Game, California Coastal Commission, Sierra Club, and National Parks Conservation Association.
Kevin Lunny, owner of Drakes Bay Oyster Company said he has no concerns about the impending report. “The truth is we are not worried about an environmental review if they are done honestly,” said Lunny of the MMC comprehensive look at the estero. “In the end, I think everybody will benefit.”
The Commission is in process of naming a review panel and gathering scientific reports. On February 21 through the 24 they will convene in Point Reyes area. The final report will be released in June 2010.
Proposed panel members include:
Peter Boveng, Ph.D., National Marine Mammal Laboratory
Sean Hayes, Ph.D., National Marine Fisheries Service
Steven Jeffries, Washington Department of Fish and Wildlife
Robert Small, Ph.D., Alaska Department of Fish and Game
Michael Walsh, D.V.M.,University of Florida