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HomeMy WebLinkAboutDMF CommentsCommonwealth of Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, Massachusetts 02114 (617)626-1520 fax (617)626-1509 July 16, 2019 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 Kenneth Rodgers, 11 North Cove Landing, to replace an existing masonry seawall with a marine bulkhead on Bass River in the Town of Yarmouth, with respect to potential impacts to marine fisheries resources and habitat. Work to occur with two adjacent properties and within the same footprint with no seaward expansion. The project site lies within mapped shellfish habitat for bay scallop (Argopecten irradians). Subtidal waters within the project site have habitat characteristics suitable for this 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. Additionally, alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), American eel (Anguilla rostrata), white perch (Morone americana), and tomcod (Microgadus tomcod) all use this portion of Bass River 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. MA DMF offers the following comments for your consideration: • In order to protect tomcod spawning and juvenile development a time-of-year (TOY) restriction should be required. Any silt-producing activities should be prohibited from February 15 - April 30 of any year [1]. • Work shall occur during periods of low water. • Work from the upland as much as possible to reduce equipment on the beach. • MA DMF recommends no storage of construction material in the intertidal area. • Fuel spills from the refueling of construction equipment will adversely impact sensitive resource areas. If equipment is to be refueled on-site, adequate containment and clean up material should be required. • Appropriate erosion control measures should be employed to minimize runoff from the property into the resource area during construction. David E. Pierce, Ph.D. Director Charles D. Baker Governor Karyn E. Polito Lieutenant Governor Kathleen Theoharides 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: Robert Perry, Cape Cod Engineering, Inc. Conrad Caia, Shellfish Constable Barbara Newman, ACOE Robert Boeri, CZM John Sheppard, DMF Terry O’Neil, DMF Tom Shields, DMF Ryan Nuttall, DMF EF/rn Reference 1. 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.