HomeMy WebLinkAboutSE83-2173, DMF comments 10-29-18Commonwealth of Massachusetts
Division of Marine Fisheries
251 Causeway Street, Suite 400
Boston, Massachusetts 02114
(617)626-1520
fax (617)626-1509
October 29, 2018
Yarmouth Conservation Commission
Town Hall
1146 Route 28
South Yarmouth, MA 02664
Dear Commissioners:
The Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent by Robert and
Bonnie McNamara, 82 Driftwood Lane, to extend a pier, ramp, and float on Follins Pond in the
Town of Yarmouth, with respect to potential impacts to marine fisheries resources and habitat.
The project site lies within mapped shellfish habitat for soft shell clam (Mya arenaria), quahog
(Mercenaria mercenaria), and American oyster (Crassostrea virginica). Subtidal waters within
the project site have habitat characteristics suitable for these species. Land containing shellfish is
deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the
protection of marine fisheries. A shellfish survey was performed on July 2, 2018 by Matthew
Creighton and Hannah Raddatz of BSC Group. Two quahogs were found shoreward of the
extended pier but not within the project footprint.
Follins Pond has been identified as an anadromous/catadromous fish passage, migration and
spawning pond. Alewife (Alosa pseudoharengus), American eel (Anguilla rostrada), and white
perch (Morone americana) all use this portion of Follins Pond for a portion of their life cycle.
MA DMF has placed a ban on the harvest of river herring (blueback and alewife) due to drastic
declines in their populations. Division biologists emphasize the need for risk-averse management
to protect these species. In consideration of this severe closure action, appropriate time-of-year
(TOY) restrictions are required to protect these herring while on their spawning grounds.
MA DMF offers the following comments for your consideration:
In order to protect diadromous resources as well as diadromous fish spawning, a time-of-
year (TOY) restriction should be required. Any silt-producing activities (dock
installation) should be prohibited from March 15 through June 30 of any year (Evans et
al, 2011).
The DEP dock and pier guidelines recommend at least 2 ½ feet of separation between the
bottom of the float (landward end of float) and the underlying substrate for piers
constructed in shellfish habitat (Bliven and Pearlman, 2003). If necessary, float stops can
be used to maintain this buffer between the bottom of the float and the underlying
substrate.
David E. Pierce, Ph.D.
Director Charles D. Baker
Governor
Karyn E. Polito
Lieutenant Governor
Matthew A. Beaton
Secretary
Ronald Amidon
Commissioner
Mary-Lee King
Deputy Commissioner
Questions regarding this review may be directed to Eileen Feeney in our New Bedford office at
(508) 742-9721.
Sincerely,
Eileen M. Feeney
Fisheries Habitat Specialist
cc: Daniel A. Ojala, Down Cape Engineering, Inc.
Conrad Caia, Shellfish Constable
Barbara Newman, ACOE
Robert Boeri, CZM
John Sheppard, Terry O’Neil, Tom Shields, Pooja Potti, DMF
EF/pp
References
Bliven, S., and Pearlman S.2003. A guide to permitting small pile-supported docks and piers. Massachusetts
Department of Environmental Protection, Bureau of Resource Protection, Wetlands /Waterways
Program. 28 pp.
Evans NT, Ford KH, Chase BC, Sheppard J (2011) Recommended Time of Year Restrictions (TOYs) for Coastal
Alteration Projects to Protect Marine Fisheries Resources in Massachusetts. Massachusetts Division of
Marine Fisheries Technical Report, TR-47.