New Crowdfunding Site Seeks to Protect Backers of Industrial Design

Entrepreneur Jamie Siminoff wants to build more credibility into crowdfunding — so he’s launching a new platform that takes responsibility for ensuring the viability of new projects.

The crowdfunding process, pioneered by sites like Kickstarter, has had its share of huge successes, as well as failures. The problem, says Siminoff, is that when a venture fails, the funders are left holding the bag. That’s all well and good if you were investing in an artist’s crazy project. It’s much more of a problem if you thought you were pre-ordering a nearly finished gadget.

The biggest culprit for these kinds of issues are physical products. Witness the anger unleashed when Kickstarter darling Pebble announced a further delay alongside underwhelming color choices.

This kind of issue is why Kickstarter recently made some changes, undertaking a combination of education and rule revision. They reminded consumers that Kickstarter is not a store while requiring that all projects disclose risks and challenges, as well as forbidding renderings and concept videos in hardware products.

Siminoff’s answer is Christie Street, a crowdfunding site devoted exclusively to physical products. The promise of Christie Street is that it will vet the projects that it launches carefully, and provide guarantees of progress along the way. The idea is that these protections will make consumers feel safer about the products they’re backing. “We built something that we felt we needed,” he says.

Christie Street, named for the New Jersey road where Edison’s workshop was located, will require that all funders go through an auditing process before they are allowed to go live. Siminoff says that the idea will be to check for basic viability, a kind of sanity test.

“You look at the chips they say they want to use, the size of components that will need to fit in, and so on,” he says, “You check that things conform to what’s available on the market.” From there, they also perform third-party audits of the places where the product will be manufactured, and look at things like production cost and likely shipping time, to ensure that all of this seems realistic.

It’s an all-or-nothing audit. Either the new project meets Christie Street’s approval or it doesn’t. “Our feeling is that the customer that’s buying doesn’t have the sophistication to make the right decision [about whether a design's production targets are reliable],” says Siminoff, “The only way is create a place where you can trust to buy.”

Even after the initial approval, Christie Street stays involved in the project. Successfully funded projects get their money in stages, with Christie Street holding the rest in escrow. Inventors get one-third of the money on funding, one-third of the money once they have a production-ready prototype, and the final one-third when they have a golden prototype, which means they are ready for full manufacturing.

If at any time along the way the project fails, Christie Street will can the project and refund the remaining money to investors.

What constitutes failure? Siminoff ticks off four conditions.

First, the inventor could for whatever reason announce that they couldn’t finish.

Second, if the project ends up more than six months late. “This forces people to be more careful with their delivery dates,” says Siminoff.

Third, if the product falls short of what was promised. “If the pre-production sample is more than 15 percent worse than what was promised, we will not allowed you to manufacture the product,” says Siminoff. (For example, if you promised me 512GB and only delivered 256.)

Last, says Siminoff there are other nuances that they’ll have to work out as the site develops. For example, if a product ends up requiring significant redesign, then Christie Street might end up withholding funds. “Design is a tougher one to quantify,” he says, “but it’s important that the design overall fits what was promised to the customer.”

For the extra cautious, Christie Street goes even further than the refund of remaining money. For 10 percent of their pledge value, backers can insure their entire pledge. If the project goes wrong they’ll get all of it back. Combine that with a pledge from inventors that the product will retail for at least 10 percent more than the pledge amount, and you can either take a 10 percent discount for some additional risk or pay full retail, with a money-back guarantee.

In effect, Christie Street is navigating a space between crowfunding sites like Kickstarter and Indiegogo, which expect backers to handle a lot of their own due diligence while allowing the inventors to be entrepreneurs, and crowdsourcing design sites like Quirky, which handles all of the business elements in-house.

Christie Street is an effort at drawing the lines of trust in a new way, one tied directly to the realities of post-industrial product design. Rather than a blanket ban on renderings and early designs, or a Wild West ‘anything goes’ approach, they instead seeks to tame the parts where production can go really wrong, in the devilish details of prototyping and manufacturing. It leaves questions of whether or not the thing is cool to the wisdom of the crowds, while taking on the question of whether or not the thing is possible.

This is obviously a lot more intervention between middleman and inventor than you’d see on a site like Indigegogo or Kickstarter. Siminoff says that they can still take the same 5 percent cut as their competitors because physical products tend to be involved higher dollar-value projects from the start. “If all goes well, we’ll be doing 10 to 15 live projects a months a year from now,” he says, “We think we can be profitable in the product world.”

“We’re not trying to make it where inventors are just be a name on a product,” says Siminoff, “We still want them to be entrepreneur and build this thing. We just want to make sure that they don’t fail in a way that hurts the customer.”

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Ebony Looks to Its Past as It Modernizes

Nathan Weber for The New York Times

Desirée Rogers, left, and Linda Johnson Rice in the archives at Ebony.

DESIRÉE ROGERS, the C.E.O. of Johnson Publishing, which owns the magazines Ebony and Jet, and Fashion Fair, a makeup line aimed at women of color, can see many sights from her 21st-floor corner office across from Millennium Park. “This is a good view of Chicago,” Ms. Rogers told a recent visitor, gesturing at a panorama of Lake Michigan, Grant Park, Navy Pier, the Adler Planetarium and Soldier Field. But the sight that holds the most personal meaning for Ms. Rogers may be a portrait by Robin Harper just above her purple retro sofa, depicting the boxer Jack Johnson with a soft, wounded expression.

The portrait, Ms. Rogers said, reminded her of looking at pictures of Muhammad Ali in the pages of Ebony with her grandfather as a little girl growing up in New Orleans. “My grandfather really liked fighters,” she said. As they flipped through the magazines, she said, he’d tell her: “I hope you’re great. And I hope one day you’ll be in those pages.”

Ms. Rogers, 53, has been in the pages of Ebony many times since her first appearance in April 1989 in a photo from George H. W. Bush’s inauguration. Her name now sits atop the magazine’s masthead, just below that of her best friend, Linda Johnson Rice, chairwoman of the company.

Ms. Johnson Rice’s father, the late John H. Johnson, founded Johnson Publishing in 1942 with a $500 loan he secured against his mother’s furniture when he was 24. Since then, Ebony (the name was the suggestion of Ms. Johnson Rice’s mother, Eunice Johnson) has gone on to become one of the most recognizable African-American publications in the world. The Harper image was part of the huge art collection of Mr. and Mrs. Johnson (no relation to the boxer), and it graced the cover of the magazine in March 1978.

Ms. Rogers joined Johnson Publishing just over two years ago after a short, controversial run as White House social secretary for President Obama. Among the tasks she has set for herself is making Ebony a lifestyle brand.

“We started looking at the assets that we have and also to really think about the Johnsons and what they were creating,” Ms. Rogers said. “We have incredible loyalty and love from the community. We have great relationships with our clients, who have been rooting for us to turn around and modernize.”

In early November, Ebony.com introduced The Ebony Collection, an online shop that sells framed prints of 2,000 photos selected from the magazine’s million-image archive. Reprinted from the original negatives stored in a climate-controlled room, the images were selected by Ms. Johnson Rice, who spent months poring over her father’s original commissions. “We kept everything,” Ms. Johnson Rice said. “Every major event that’s happened to African-Americans since 1945, with Ebony as a repository for all those photographs and as a voice for all that happened.”

Paying respect to history is a theme repeatedly invoked in the Johnson Publishing offices, so much so that it was no surprise running into Henry Louis Gates Jr., the director of the Harvard W. E. B. Du Bois Institute for African and African American Research, in a conference room. Professor Gates was there with a film crew shooting a PBS series, “Many Rivers to Cross: The History of the African American People,” and was being shown images from the archives by Ms. Johnson Rice for an episode that will cover 1940 to 1980. “My family got Ebony,” he said later. “Every family subscribed to Ebony and Jet if they were black.

“They still have cultural resonance among all classes of African-Americans,” Professor Gates said. “Very few organs of journalism reach a wider swath of the African-American community than Ebony and Jet.”

In 2013, that community will once again welcome the Ebony Fashion Fair, which began bringing high fashion to 160 cities across the country in 1958, but has been on hiatus since Eunice Johnson’s death in 2010. (“It’s the No. 1 question I get as I travel the country,” Ms. Rogers said. ‘When is the show coming back, Desirée?’ ”)

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“Freaks and Geeks” revisited: “Everybody was so talented and nobody knew it yet”

LOS ANGELES (TheWrap.com) – Looking back on “Freaks and Geeks,” Linda Cardellini – who led the (now) star-studded cast as Lindsay Weir – sums up the short-lived NBC series in one simple sentence: “Everybody was so talented and nobody knew it yet.”

Thanks to Judd Apatow, the director of “Knocked Up” and sort-of-sequel “This Is 40,” everybody knows it now.

And Vanity Fair’s in-depth oral history of the coming-of-age comedy by the likes of Seth Rogen, James Franco and Jason Segel details just how hard they worked (even on the weekends) to develop that talent.

“We would get the script on a Friday, and Seth and James and I would get together at my house every Sunday, without fail, and do the scenes over and over and improve them and really think about them,” says Segel, who played Nick Andopolis. “We loved the show. And we took the opportunity really, really seriously.”

Franco – who admits he may have taken himself a bit “too seriously” as a young actor – went to such great lengths to capture the character of bad boy Daniel Desario, that he tracked down and visited the high school that creator Paul Feig (“Bridesmaids”) attended.

“I knew that Paul had grown up just outside of Detroit, and I found his high school,” Franco explains. “I saw all the kids at summer school, and there was this guy the teacher pointed out to me, this kind of rough-around-the-edges-looking kid. He had a kind face, but he looked like he’d been in a little bit of trouble. And I remember thinking, ‘Ah, there’s Daniel.’”

When the trio wasn’t studying “SCTV” alum Joe Flaherty (Mr. Weir) to perfect their improv techniques – a hallmark of the many Apatow comedies – they were working on their writing skills.

“I was interested in the writing,” Franco fondly remembers. “So after hounding Judd and Paul they said, ‘You want to see how it’s written?’ They took me into Judd’s office, and they wrote a scene right in front of me, just improvising as the characters out loud. That was really important for me.”

Apatow and Feig’s influence was, perhaps, more important for Rogen and Segel since writing proved to be a hobby that would eventually elevate their career to the next level. Segal broke through as a screenwriter with 2008′s “Forgetting Sarah Marshall,” but Rogen did it first with his own brand of raunchy, yet heartfelt humor in 2007′s “Superbad” – a movie he began writing when he wasn’t filming “Freaks” scenes as Ken Miller.

“I dropped out of high school when I started doing the show,” Rogen reminisces. “I told them I was doing correspondence school from Canada and just wrote ‘Superbad’ all day.”

They aren’t the only writers to graduate from McKinley High either. John Francis Daley, who portrayed 13-year-old Sam Weir, has written a number of movies currently in production since the success of 2011′s “Horrible Bosses.

TV News Headlines – Yahoo! News

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Doping at U.S. Tracks Affects Europe’s Taste for Horse Meat

PARIS — For decades, American horses, many of them retired or damaged racehorses, have been shipped to Canada and Mexico, where it is legal to slaughter horses, and then processed and sold for consumption in Europe and beyond.

Christinne Muschi for The New York Times

A slaughterhouse in Saint-André-Avellin, Quebec, where meat is processed for sale in Europe.

Lately, however, European food safety officials have notified Mexican and Canadian slaughterhouses of a growing concern: The meat of American racehorses may be too toxic to eat safely because the horses have been injected repeatedly with drugs.

Despite the fact that racehorses make up only a fraction of the trade in horse meat, the European officials have indicated that they may nonetheless require lifetime medication records for slaughter-bound horses from Canada and Mexico, and perhaps require them to be held on feedlots or some other holding area for six months before they are slaughtered.

In October, Stephan Giguere, the general manager of a major slaughterhouse in Quebec, said he turned away truckloads of horses coming from the United States because his clients were worried about potential drug issues. Mr. Giguere said he told his buyers to stay away from horses coming from American racetracks.

“We don’t want them,” he said. “It’s too risky.”

The action is just the latest indication of the troubled state of American racing and its problems with the doping of horses. Some prominent trainers have been disciplined for using legal and illegal drugs, and horses loaded with painkillers have been breaking down in arresting numbers. Congress has called for reform, and state regulators have begun imposing stricter rules.

But for pure emotional effect, the alarm raised in the international horse-meat marketplace packs a distinctive punch.

Some 138,000 horses were sent to Canada or Mexico in 2010 alone to be turned into meat for Europe and other parts of the world, according to a Government Accountability Office report. Organizations concerned about the welfare of retired racehorses have estimated that anywhere from 10 to 15 percent of the population sent for slaughter may have performed on racetracks in the United States.

“Racehorses are walking pharmacies,” said Dr. Nicholas Dodman, a veterinarian on the faculty of Tufts University and a co-author of a 2010 article that sought to raise concerns about the health risks posed by American racehorses. He said it was reckless to want any of the drugs routinely administered to horses “in your food chain.”

Horses being shipped to Mexico and Canada are by law required to have been free of certain drugs for six months before being slaughtered, and those involved in their shipping must have affidavits proving that. But European Commission officials say the affidavits are easily falsified. As a result, American racehorses often show up in Canada within weeks — sometimes days — of their leaving the racetrack and their steady diets of drugs.

In October, the European Commission’s Directorate General for Health and Consumers found serious problems while auditing the operations of equine slaughter facilities in Mexico, where 80 percent of the horses arrive from the United States. The commission’s report said Mexican officials were not allowed to question the “authenticity or reliability of the sworn statements” about the ostensibly drug-free horses, and thus had no way of verifying whether the horses were tainted by drugs.

“The systems in place for identification, the food-chain information and in particular the affidavits concerning the nontreatment for six months with certain medical substances, both for the horses imported from the U.S. as well as for the Mexican horses, are insufficient to guarantee that standards equivalent to those provided for by E.U. legislation are applied,” the report said.

The authorities in the United States and Canada acknowledge that oversight of the slaughter business is lax. On July 9, the United States Food and Drug Administration sent a warning letter to an Ohio feedlot operator who sells horses for slaughter. The operator, Ronald Andio, was reprimanded for selling a drug-tainted thoroughbred horse to a Canadian slaughterhouse.

The Canadian Food Inspection Agency had tested the carcass of the horse the previous August and found the anti-inflammatory drug phenylbutazone in the muscle and kidney tissues. It also discovered clenbuterol, a widely abused medication for breathing problems that can build muscle by mimicking anabolic steroids.

Because horses are not a traditional food source in the United States, the Food and Drug Administration does not require human food safety information as it considers what drugs can be used legally on horses. Patricia El-Hinnawy, a spokeswoman for the agency, said agency-approved drugs intended for use in horses carried the warning “Do not use in horses intended for human consumption.”

She also said the case against Mr. Andio remained open.

“On the warning letter, the case remains open and no further information can be provided at this time,” Ms. El-Hinnawy said.

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U.S. undertakes review of border officers' use of force

U.S. Customs and Border Protection has launched what it calls a comprehensive review of its officers' use of force amid a sharp increase in fatal confrontations along the Southwest border.

The initiative, which appears to be the most far-reaching of its kind in recent years, calls for an assessment of current tactics and the participation of an independent outside research center.

Mexican government officials, who have condemned the shootings, will also be provided briefings on closed investigations involving force, according to a memorandum prepared for Homeland Security Secretary Janet Napolitano and obtained by the Los Angeles Times.

The memorandum, dated Oct., 24, 2012, is from David V. Aguilar, the agency's deputy commissioner.

Since 2010, 16 people have been killed in fatal confrontations with Border Patrol agents and customs officers, prompting unprecedented levels of scrutiny and criticism from some U.S. Congress members and border activists. Agency guidelines permit agents to fire weapons against people suspected of throwing rocks, a practice that critics consider excessive.

Recent incidents that stirred protests include the shooting in October of a 16-year-old suspected rock thrower in Nogales, Mexico, and the September shooting of a man on the banks of the Rio Grande in Nuevo Laredo, Mexico. Mexican authorities say the man was picnicking with his family.

In San Diego, protests erupted over the 2010 death of a man who suffered a fatal heart attack after being Tasered in a scuffle. About half of the fatal incidents in recent years involved rock throwers. In most cases the agents involved were cleared of wrongdoing.

The Homeland Security's Office of Inspector General is also conducting a review of the incidents. U.S. authorities will ramp up efforts to improve coordination with Mexican authorities in high-risk areas, according to the memorandum. They are also pressing Mexico to establish a specially trained border unit.

Among the most significant elements in the review, experts and officials said, is the involvement of an unspecified third party, described as a federally funded research and development center.

"Any time you can get an independent party to do a review, that is really the best way to go," said Alonzo Pen¿a, a former Department of Homeland Security attache at the U.S. Embassy in Mexico City. "There will never be confidence in a review being done by the agency itself," he said.

Vicki B. Gaubeca, the director of the regional center for border rights for the ACLU of New Mexico, said she welcomed "anything they can do to prevent unnecessary deaths, so agents resort to the lethal use of force only as a last resort."

Among rank-and-file agents, the new measures were greeted with a mix of resentment and cautious optimism. In recent weeks, supervisors have distributed the use of force guidelines to agents to refresh their knowledge of the policy. Chief patrol agents from across the Southwest were summoned to Washington, D.C., in October to discuss the policy.

Some agents questioned the role of the Mexican government, saying their actions contributed to the violence. "They refuse to police their northern border and they allow free rein by criminal organizations," said Shawn Moran, vice president of the National Border Patrol Council, the union representing Border Patrol agents. "But when one of their citizens is killed after assaulting a border patrol agent, they raise hell."

Customs and Border Protection officials said the review should be completed by the end of January.

richard.marosi@latimes.com

brian.bennett@latimes.com

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Feds Charge Anonymous Spokesperson for Sharing Hacked Stratfor Credit Cards

A Dallas grand jury has brought charges against Anonymous spokesman Barrett Brown stemming from the 2011 hack of intelligence vendor Stratfor Global Intelligence.

Brown isn’t charged with committing the hack; just with possessing and transmitting credit card numbers that were stolen in the incident.

He has been in prison since he was arrested in dramatic and public fashion three months ago after posting a threatening video to YouTube. Brown was talking with acquaintances during a Sept. 12 TinyChat session when the feds burst in and took him away. The chat session was later posted to the internet.

The Anonymous spokesman was charged the next day with threatening a federal officer.

This time the charges are are related to a different incident: the 2011 Stratfor hack where credit card numbers and internal e-mail messages were stolen.

According to the grand jury indictment, dated Tuesday, Brown posted a link to a zipped version of the documents stolen in the Stratfor hack on Christmas day 2011 — that counts as trafficking in “stolen authentication features,” the indictment claims. He’s also charged with possessing stolen credit card numbers, Card Verification Values, and other information related to those credit card numbers.

Brown, 31, has been in custody since his Sept. 12 arrest, the U.S. Department of Justice said Friday in a press release announcing the 12-count indictment. He could face a maximum of 15 years in prison if convicted on the most serious of these charges.

The self-proclaimed Anonymous spokesman said he was expecting to face fraud charges after his apartment was raided back in March. He mentioned them in a long, rambling video posted to YouTube the day on the same day he was arrested in September. “I bring in no money. I have $25,000 I brought in the last year from this fucking book deal. that’s it.” he said. “A fucking fraud charge for a fucking writer activist who has no fucking money.”

Later in the video, Brown railed against FBI Agent Robert Smith, saying that he was going to “ruin” Smith’s life “and look into his fucking kids.” The Anonymous activist said he was angry that feds were contemplating obstruction of justice charges against his mother.

The indictment is below.

Gov.uscourts.txnd.226354.1.0

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Art and Commerce Meet in Miami Beach

Katie Orlinsky for The New York Times

Visitors at the V.I.P. opening of Art Basel Miami Beach.

MIAMI — Mera Rubell was taking time out from greeting the hundreds of visitors at her family’s sprawling contemporary art center here to vent.

“It’s the height of arrogance to dismiss — — ,” she began.

Jason, her son, interrupted: “It’s arrogance. It’s a completely uninteresting story.”

For the moment her husband, Don, had given up on trying to get a word in.

The Rubells, deans of Miami’s bustling art scene, were pushing back against a chorus of complaints that has been growing louder in the weeks leading up to Art Basel Miami Beach, the annual art pilgrimage that began Wednesday and ends Sunday.

Prominent art writers and critics, including Sarah Thornton, Felix Salmon, Will Gompertz and Dave Hickey, have been attacking the art world, arguing that the staggering sums of money being spent on works are distorting judgments about art and undermining its long-term cultural significance.

“Money talks loudly and easily drowns out other meanings,” Ms. Thornton wrote in TAR magazine in a recent article, “Top 10 Reasons NOT to Write About the Art Market.”

In its special edition for the opening day of the fair, The Art Newspaper asked whether “the art world is facing a crisis of values” because of the “pernicious influence of the market on art.”

And in the eyes of many critics, Art Basel Miami Beach — or what Simon Doonan, writing in Slate last week, labeled a “promo-party cheese-fest” — has become a symbol of everything that’s wrong with the art market. The fair’s extraordinary success in just over a decade, and its celebration of wretched excess, have triggered a backlash.

But the Rubells, along with a growing number of other prominent collectors, art dealers and curators, are having none of it. The backlash against the backlash has begun.

“The market supports artists,” Jason Rubell said. Given the limited amount of government support for the arts, he added, “it’s an industry that without commerce doesn’t exist. What do people want — to go back to the recession?”

Ms. Rubell was annoyed that critics seemed to ignore the social, economic and cultural transformation of Miami that the fair and collectors like her have helped bring about. She noted that the Rubells’ 45,000-square-foot art center — where one huge gallery is now filled with works by Oscar Murillo, a 26-year-old Colombian immigrant who lived with and was supported by the Rubells while he created dozens of mural-sized canvases — used to be a Drug Enforcement Administration storage center.

Outside, in the center’s courtyard, visitors like Martha Stewart admired the French artist Bernar Venet’s collaboration with Bugatti, the superluxury sports car brand, on a one-of-a-kind Veyron Grand Sport Venet car (a price hasn’t been set, a Bugatti spokeswoman said, but will undoubtedly be in “the higher end of the millions”).

“I’m grateful to Bugatti, Perrier, Bank of America and other companies,” Ms. Rubell declared. “Their support helps facilitate quality programs and opens exhibits like this” — the Murillo show — “to the public.”

In Miami Beach, at the main fair, the consumer-oriented glitter abounds this week: coffee carts with $20-a-glass Ruinart Champagne; Davidoff cigar rollers; BMW’s artist-designed cars; and Takashi Murakami’s $70,000-and-up commissioned portraits. One could almost imagine that the Barbara Kruger work on display at L&M gallery — a super-sized sign reading “Greedy” on one line and an unprintable expletive on the next — had an invisible subtitle telling the wealthy V.I.P.’s who had come to shop, “I’m Talking to You — Yeah, You!”

Of course, rich patrons have always supported artists, Don Rubell pointed out, from the pharaohs to the Medicis. Today, multimillion-dollar sales represent only a silk-thin layer of a deeply varied and thriving art market. The art world, Mr. Rubell asserted, is “actually becoming more democratic.”

“There’s 20 ancillary fairs” in addition to the high-end main event of Art Basel, he said. “Whatever amount of money you have in your pocket, you can enter this magical world of art.”

The notion that the art market contains multitudes is one with which Marc Glimcher, part of the family dynasty that runs the Pace Gallery, said he agreed.

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Billionaire Aldi heir dies aged 58

FRANKFURT (Reuters) – German billionaire Berthold Albrecht, heir to the Aldi supermarket chain and one of Germany‘s richest men, has died aged 58, his family announced on Friday.

Together with his brother Theo Jr, Albrecht’s fortune was estimated at $ 17.8 billion, according to Forbes. That placed them at 32 in the list of Forbes billionaires and second for Germany.

“Berthold was a fighter, and full of hope to the end,” his wife, Babette, wrote in a full-page notice published in several German newspapers.

The notice from the notoriously reclusive family said that the funeral had taken place in November, but it did not give further details of the circumstances of his death.

Berthold was the son of Aldi co-founder Theo Albrecht, who died at the age of 88 in July 2010.

After the Second World War, Theo and his brother Karl turned the small grocery store their mother operated in Essen into one of the nation’s largest food retail chains, with a focus on a limited range of goods at bargain prices.

Aldi was split into two divisions covering north and south Germany in 1960. Theo took the north and Karl the south. Karl, aged 92, is classified by Forbes as the richest man in Germany with a fortune of $ 25.4 billion.

The Aldi empire, which has estimated worldwide annual turnover of about 50 billion euros ($ 65 billion), also owns the Trader Joe’s grocery chain in the United States. In Europe it competes with the likes of Tesco, Carrefour and Metro.

Berthold worked on the board of directors at Aldi North. ($ 1 = 0.7700 euros)

(Reporting by Victoria Bryan; Editing by David Goodman)

Celebrity News Headlines – Yahoo! News

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First marine wilderness in continental U.S. is designated

The federal government cleared the way Thursday for waters off the Northern California coast to become the first marine wilderness in the continental United States, ending a contentious political battle that pitted a powerful U.S. senator against the National Park Service.

Interior Secretary Ken Salazar settled the dispute by refusing to extend a permit for a commercial oyster farm operating in Point Reyes National Seashore. Congress designated the area as potential wilderness in 1976 but put that on hold until the farm's 40-year federal permit ended.

As the expiration date approached, the farm became the center of a costly and acrimonious fight that dragged on more than four years, spawned federal investigations and cost taxpayers millions of dollars to underwrite scores of scientific reviews.

"I believe it is the right decision for Point Reyes National Seashore and for future generations who will enjoy this treasured landscape," Salazar said Thursday. The area includes Drakes Estero, an environmentally rich tidal region where explorer Sir Francis Drake is believed to have made landfall more than 400 years ago.

Salazar's decision drew a sharp response from Sen. Dianne Feinstein, who had championed the Drakes Bay Oyster Co. in its fight with the government. Feinstein said in a statement that she was "extremely disappointed" with Salazar's decision.

She had argued that the National Park Service contorted scientific studies to make the case that oyster harvesting operations caused environmental harm to Drakes Estero, a dramatic coastal sweep of five bays in Marin County north of San Francisco.

"The National Park Service's review process has been flawed from the beginning with false and misleading science," her statement said. "The secretary's decision effectively puts this historic California oyster farm out of business. As a result, the farm will be forced to cease operations and 30 Californians will lose their jobs."

Feinstein had attached a rider to an appropriations bill giving Salazar the unusual prerogative to extend the farm's permit. The company was seeking a 10-year extension of its lease.

Salazar said he gave the matter serious consideration, including taking into account legal advice and park policies. He directed the park service to develop a jobs-training plan for the oyster company's employees and to work with the local community to assist them in finding employment.

The company will have 90 days to remove its racks and other property from park land and waters. When that occurs, the 2,500-acre Drakes Estero will be managed as wilderness, with prohibitions on motorized access to the waterway but allowances for snorkeling, kayaking and other recreation.

The new wilderness will become only the second marine protected area in the national park system and the first in the Lower 48 states. The only current marine wilderness is 46,000 acres in Alaska's Glacier Bay National Park and Preserve.

Environmental groups applauded the decision, which they lobbied for.

"We are ecstatic that this ecological treasure will be forever protected as marine wilderness," said Amy Trainer, executive director of the Environmental Action Committee of West Marin.

The heart of the debate is an agreement that Kevin Lunny and his family inherited when they took over a failing oyster operation in the park in 2004. That lease with the park service stipulated that the business would cease operations in 2012.

Kevin Lunny has from the beginning sought to stay on the property and continue harvesting oysters. His farm has an extensive record of violating state and federal agreements and permits. The California Coastal Commission has fined the farm for various violations, issued two cease and desist orders and repeatedly requested that the Lunnys acquire a coastal development permit.

The state agency initiated another enforcement action against the farm earlier this month.

Lunny could not be reached for comment.

The farm's mariculture operation has found support among west Marin County's advocates for sustainable agriculture, who agreed with Lunny that federal and state agencies were unfairly hounding his operation.

His travails have caused alarm among the historic cattle and dairy ranches that operate within the national seashore in a designated pastoral zone. Park officials have repeatedly said they have no intention of curtailing ranching operations, and Salazar echoed that, adding that he wished to extend the terms of the ranch leases from 10 to 20 years.

The Lunny family also has a cattle operation in the park.

julie.cart@latimes.com

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A Google-a-Day Puzzle for Nov. 30

Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.

SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!

Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.

And now, without further ado, we give you…

TODAY’S PUZZLE:

Note: Ad-blocking software may prevent display of the puzzle widget.

Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @wiredgeekdad on Twitter.

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