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Shellfish Mariculture in Drakes Estero, Point Reyes National Seashore, California
operations…”)2 Further, the Park Service’s Management Policies clearly state that the Park Service must make decisions regarding the management of potential wilderness even though some activities may temporarily detract from its wilderness character. The Park Service is to manage potential wilderness as wilderness to the extent that existing non-conforming conditions allow. The Park Service is also required to actively seek to remove from potential wilderness the temporary, non-conforrning conditions that preclude wilderness designation. 6.3.1. Wilderness Resource Management, General Policy. (selected excerpts attached)
Hence, 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 coiiforming use can be eliminated.3
Ralph G. Mihan
See the District Court ruling that past commercial activities, in this case timber harvesting, do not preclude an area’s wilderness designation. Minnesota Public Interest Research Group v. Butz. 401 F. Supp. 1276, 1329 (1975)
The status of the Johnson Oyster Company will be addressed in a separate document.