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 Douglas and
Beth Annino, 15 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.
The area east of the project contains salt marsh vegetation. Salt marsh provides a variety of
ecosystem services, including habitat and energy sources for many fish and invertebrate species
[1,2,3].
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 [4].
• 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.
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
• Appropriate erosion control measures should be employed to minimize runoff from the
property into the resource area during construction.
• MA DMF agrees with the proponent utilizing salt marsh mats to protect the salt marsh. If
any loss of salt marsh occurs, it should be mitigated.
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. Boesch DF, Turner RE (1984) Dependence of fishery species on salt marshes: the role of food and refuge
Estuaries 7: 460-468.
2. Deegan LA, Garritt RH (1997) Evidence for spatial variability in estuarine food webs. Marine Ecology Progress
Series 147: 31-47.
3. Deegan LA, Hughes JE, Rountree RA (2000) Salt marsh ecosystem support of marine transient species. In:
Weinstein MP, Kreeger DA, editors. Concepts and Controversies in Tidal Marsh Ecology: Kluwer
Academic Publisher, The Netherlands. pp. 333-365.
4. 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.