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121004 Letter Re DQA Complaint

121004 Letter Re DQA Complaint

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Published by Cause of Action
Letter concerning upcoming Data Quality Act response from the National Park Service regarding Drakes Bay Oyster Company.
Letter concerning upcoming Data Quality Act response from the National Park Service regarding Drakes Bay Oyster Company.

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Categories:Business/Law
Published by: Cause of Action on Oct 04, 2012
Copyright:Attribution Non-commercial

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05/13/2014

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VIA
U.S.
MAIL
Advocates for Government Accountability
A
501(c)(3)
Nonprofit Corporation
October 4, 2012Rep. Timothy
H.
Bishop, Ranking Member, Subcommittee on Water Resources
&
Environment,Committee on Transportation and Infrastructure306 Cannon House Office BuildingWashington, DC 20515
RE: National Park Service and the Data Quality Act
Dear Congressman Timothy
H.
Bishop:
On
November 30, 2012, Drakes Bay Oyster Company (DBOC), a family-owned,environmentally conscious, sustainable oyster farm located
in
Drakes Estero, California, may beforced to close due to the National Park Service's (NPS) blatant disregard for sound science. The
NPS's
draft environmental impact statement (DEIS) will be used to determine whether
DBOC's
permit to operate at Drakes Estero will be renewed by the U.S. Department oflnterior.
On
orbefore October
8,
2012, NPS must respond to
DBOC's
challenge to the quality
of
data used
in
the DEIS.
How
NPS responds will have serious implications not
just
for the federalgovernment's credibility in the scientific community, but also
on
the livelihood
of
the manyCalifornians employed by the DBOC, the target
ofNPS's
analysis.The Lunny family, who owns DBOC, holds a use permit that allows them to farm oysters
in
the Point Reyes National Sea Shore.
DBOC's
renewable permit will expire
on
November 30,2012.However, DBOC will be able to continue operating
ifthe
Secretary
of
the Interior, KenSalazar, grants the Lunnys an
additional!
0-year permit. NPS generated the DEIS and the AtkinsPeer Review Report, which analyzed the DEIS, for the specific purpose
of
enabling the Secretaryto make an informed, reasoned decision
on
whether to grant the Lunnys and DBOC another 10-year special-use permit (SUP).
,
But despite repeated attempts
by
the Lunnys and Dr. Corey Goodman, a member
of
theNational Academy
of
Sciences, to correct errors
in NPS'
s data to accurately reflect the true state
of
affairs at Drakes Estero, NPS has ignored the volumes
of
on-site data, including 281,000photographs and sound recordings from government-positioned microphones, in favor
of
questionable science that claims to show serious impacts
on
soundscape and wildlife from
DBOC's
presence.NPS is required
by
law (the Data Quality
Act
(DQA), 44 U.S.C. § 3516) to ensure thatthe DEIS and Atkins Report meet federally-established standards for the dissemination
of
information
by
federal agencies.
1
But NPS has repeatedly failed to meet these standards.
1
The Office
of
Management and Budget (OMB) Guidelines for
Ens,uriilg
and Maximizing the Quality, Objectivity,Utility, and Integrity
of
"OMB Guidelines");

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