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Home My WebLink AboutDMF commentsThe Commonwealth of Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400, Boston, MA 02114 p: (617) 626-1520 | f: (617) 626-1509 www.mass.gov/marinefisheries CHARLES D. BAKER KARYN E. POLITO KATHLEEN A. THEOHARIDES RONALD S. AMIDON DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director February 17, 2022 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Dear Commissioners: The Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by the Town of Yarmouth to re-permit the Comprehensive Permits for the Town of Yarmouth’s dredging and beach nourishment projects for up to ten years. The overall proposed project includes maintenance dredging within six waterways and beach nourishment at 30 beach locations (Table 1). A maximum potential dredge volume of 295,800 cubic yards of sand and silt material would be removed by both mechanical and hydraulic means over a ten-year permit period and would be used to nourish up to 614,113 square feet of town beaches. MA DMF continues to encourage towns to conduct such comprehensive planning to better understand and minimize potential cumulative and secondary impacts of dredging. Falmouth has a variety of important marine species utilizing the approach channels, inlet channels, embayments, and beaches proposed for dredging and nourishment in this Comprehensive Permit. The major species and species groups of concern are identified and described as follows: Shellfish: The proposed dredge and disposal sites lie within or adjacent to mapped shellfish habitat, including habitat for bay scallop (Argopecten irradians), blue mussel (Mytilus edulis), American oyster (Crassostrea virginica), northern quahog (Mercenaria mercenaria), razor clam (Ensis directus), and softshell clam (Mya arenaria). Subtidal waters within the proposed project sites 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. All shellfish species have life stages (e.g., larval stages) vulnerable to dredge and fill activities, and local success of seed set may vary dramatically due to a variety of environmental factors (e.g., temperature, salinity, current). Impacts to shellfish resources and habitats are of concern due to their importance to commercial and recreational fisheries and, of equal importance, their role in ecosystem dynamics as forage species [1]. Therefore, these species may have a high risk of impact during dredging and beach nourishment projects in certain circumstances. Winter flounder: Winter flounder (Pseudopleuronectes americanus) spawning habitat is found in all Falmouth embayments, consistent with NOAA Fisheries’ Essential Fish Habitat designation in this area. Winter flounder enter the area and spawn from January through May; demersal eggs hatch approximately 15 to 20 days later. The Atlantic States Marine Fisheries Commission (ASMFC) has designated winter flounder spawning habitat as a “Habitat Area of Particular Concern” (HAPC). The 2020 Southern New England/Mid Atlantic management track stock assessment indicates that although overfishing is not occurring, the stock remains overfished. Spawning stock biomass in 2019 was estimated to be 32% of the biomass target [2]. Winter flounder eggs are sensitive to the impacts of sedimentation [1]. Therefore, this species has a high risk of impact when dredging and beach nourishment projects coincide with spawning and development. Diadromous fish: Many of the ponds and inlet channels in Falmouth serve as diadromous fish passage, migration, and spawning habitat. The diadromous fish species on Cape Cod include alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), rainbow smelt (Osmerus mordax), American eel (Anguilla rostrata), white perch (Morone americana), Atlantic tomcod (Microgadus tomcod), and American shad (Alosa sapidissima) [3]. The anadromous alewife, blueback herring, rainbow smelt, American shad, and white perch utilize fresh and tidal waters for spawning. The catadromous American eel spawns at sea but uses estuarine and freshwater habitats for forage, refuge, and development. Most of these diadromous species are at historically low population levels in Massachusetts. For example, species such as river herring (alewife and blueback herring), which were previously important commercial and recreational fisheries, are in such a serious state of decline that possession has been prohibited since 2006 [1]. These species migrate through, and in some cases inhabit, nearshore marine and estuarine waterbodies. Because of their dependence on channels for migrations and their high degree of aggregation during migrations, these species have a high risk of impact when dredging projects coincide with migration routes or occur in areas of spawning and settlement. Horseshoe crabs: Spawning beaches for horseshoe crabs (Limulus polyphemus) occur throughout Falmouth, according to field surveys and landings data. Horseshoe crabs deposit their eggs in the upper intertidal regions of sandy beaches from late spring to early summer during spring high tides. Adult crabs congregate in deep waters during the day while they wait to spawn on nearby beaches at night. Eggs hatch approximately two to four weeks later. The 2019 benchmark stock assessment indicates that the New England horseshoe crab stock status has shifted from poor to neutral [4]. Because of its dependence on nearshore shallow beaches and channels as habitat, this species has a high risk of impact during dredging and beach nourishment projects. Eelgrass beds: Eelgrass (Zostera marina) is found throughout Falmouth coastal waters. Eelgrass beds provide one of the most productive habitats for numerous marine species and are designated “special aquatic sites” under the Federal Clean Water Act 404(b) (1) guidelines. Anthropogenic impacts, including declining water quality, are responsible for large losses of this important habitat throughout the Commonwealth. Though eelgrass is a perennial species, meaning it grows in Falmouth waters year-round, eelgrass beds are ephemeral (occurring in some locations for short periods of time) and are difficult to map comprehensively. Eelgrass is sensitive to light limitation and therefore is particularly sensitive to turbidity plumes resulting from coastal alteration projects. Eelgrass is also sensitive to burial. As little as 2 to 4 cm of sand burial can result in 70 to 90% mortality of eelgrass [1]. This habitat has a high risk of impact from dredging and beach nourishment projects. MA DMF offers the following comments for your consideration: • MA DMF recommends that permits be limited to five years instead of the requested ten years. We prefer to have the option to review resources and potential impacts on a more frequent basis. Regardless of the length of the permit, we would prefer that language be inserted identifying that restrictions based on natural resources can be reassessed on an annual basis; • To protect sensitive life stages of winter flounder, diadromous finfish, and horseshoe crabs, MA DMF recommends time-of-year (TOY) restrictions that define periods of the year when marine resources are most vulnerable to dredging and beach nourishment activities. MA DMF has reviewed the TOYs proposed for marine resources in Tables 3 and 5 of the NOI and has no objections to the winter flounder TOY restrictions for the proposed dredge sites. However, MA DMF recommends adding American eel and Atlantic tomcod to the diadromous species column, as both species are sensitive to dredging activities [1,3]. Furthermore, MA DMF has added horseshoe crab TOY restrictions to River Street, Windmill Park, Wilbur Park, South Middle Beach, Seaview Beach, Parkers River Beach, Thatchers Beach, and Parkers and Bass River dredge locations due to their proximities to known horseshoe crab nesting beaches [1,3]. Updates to the proposed TOYs are provided in red in Table 1; • Dredging should be prohibited within 75 feet of all eelgrass beds to protect these important special aquatic sites. Since eelgrass beds are ephemeral, changes to eelgrass distribution that have occurred since previous dredging events should be identified prior to all dredging activities. MA DMF recommends the Town of Yarmouth conduct eelgrass surveys prior to dredging if necessary; surveys should be conducted within summer months and according to MA DMF Eelgrass Survey Guidelines [5]; • Beach nourishment could compress intertidal shellfish habitat or smother nearshore eelgrass habitat. Beach nourishment material should be deposited above the mean high water (MHW) line where feasible and should maintain a minimum 100-foot buffer between the nourishment footprint and landward edge of any bordering eelgrass; • Any beach nourishment should be consistent with MassDEP’s Beach Nourishment Guide. Beach fill material should be of appropriate slope to avoid premature loss from the beach and impacts to nearshore bottom habitat [6]. The Town of Yarmouth’s commitment to comply with 310 CMR 10.27(5) aligns with this recommendation; • MA DMF recommends that the Town of Yarmouth coordinate with the Town of Yarmouth shellfish constable to harvest and/or relocate shellfish located in dredge areas prior to dredging in areas where the constable deems existing shellfish densities to warrant such activities; • Equipment staging or transit to and from beach nourishment sites should avoid intertidal habitat to the greatest extent practicable to avoid compaction of sediment in intertidal shellfish habitat; and • Fuel spills from refueling of construction equipment will adversely impact sensitive resource areas. Impacts to resource areas can be avoided by prohibiting all land-based equipment from being refueled on-site. If equipment is refueled on-site, adequate containment and clean up material should be required to minimize impacts. Questions regarding this review may be directed to Simonetta Harrison in our New Bedford office at simonetta.harrison@mass.gov. Sincerely, Simonetta Harrison Fisheries Habitat Specialist cc: Karl von Hone, Town of Yarmouth Brad Saunders, GEI Consultants, Inc. Conrad Caia, Yarmouth Shellfish Constable John Logan, Keri Anne Goncalves, Emma Gallagher, John Sheppard, Brad Chase, Terry O’Neill, Tom Shields, MA DMF Robert Boeri, CZM SH/JL References [1] Ford, K., E. Feeney, and N.T. Evans. Summary of Marine Fisheries Resource Recommendations for Municipal Maintenance Hydraulic Dredging Activities on Cape Cod and the Islands. Massachusetts Department of Fisheries and Game Division of Marine Fisheries. https://www.mass.gov/doc/cape-cod-dredging-recommendations/download. [2] ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf. [3] Evans, N.T., K.H. Ford, B.C. Chase, and J. Sheppard. 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. https://www.mass.gov/doc/time-of-year-recommendations-tr-47/download. [4] ASMFC. 2019. 2019 Horseshoe Crab Benchmark Stock Assessment and Peer Review Report. Prepared by the ASMFC Horseshoe Crab Stock Assessment Review Panel pursuant to NOAA Award No. NA15NMF4740069. http://www.asmfc.org/uploads/file/5cd5d6f1HSCAssessment_PeerReviewReport_May20 19.pdf. [5] Evans, N.T. and A.S. Leschen. 2010. Technical Guidelines for the Delineation, Restoration, and Monitoring of Eelgrass (Zostera marina) in Massachusetts Coastal Waters. Massachusetts Division of Marine Fisheries Technical Report TR-43. https://www.mass.gov/doc/eelgrass-survey-guidelines-2010-tr-43-0/download. [6] Haney, R., L. Kouloheras, V. Malkoski, J. Mahala, and Y. Unger. 2007. Beach Nourishment: MassDEP’s Guide to Best Management Practices for Projects in Massachusetts. https://www.mass.gov/files/documents/2016/08/uv/beach-nourishment- massdeps-guide-to-best-management-practices-for-projects-in-massachusetts-haney.pdf. Table 1. Combined TOY Restrictions for Town of Yarmouth Dredge and Beach Nourishment Sites Project Site Project No. Dredge Fill Winter Flounder 1/15-5/31 Diadromous Alewife 4/1-6/15 Blueback 4/1-6/30 Eel 3/15-6/30 Perch 4/1-6/15 Tomcod 2/15-4/30 Horseshoe Crab Dredge 5/1- 6/30 Fill 5/1-7/31 Mapped Shellfish Resource MA DMF Major Waterbody Feature Combined TOY Gary’s Beach 1 F No No Yes N/A N/A 5/1-7/31 Bay Road 2 F No No No N/A N/A None Bayview Street 3 F No No No N/A N/A None Baxter Avenue 4 F No No No N/A N/A None Berry Avenue 5 F No No No N/A N/A None Columbus Avenue 6 F No No No N/A N/A None Crosby Street 7 F No No No N/A N/A None Glenwood Street 8 F No No No N/A N/A None Grove Street 9 F No No No N/A N/A None Homer Avenue 10 F No No No N/A N/A None Malfa Road 11 F No No No N/A N/A None New Hampshire Avenue 12 F No No No N/A N/A None River Street 13 F No No Yes N/A N/A 5/1-7/31 Short Wharf Creek Beach 14 F No No No N/A N/A None Akin Avenue Town Landing 15 F No No No N/A N/A None Vermont Avenue 16 F No No No N/A N/A None Vernon Street 17 F No No No N/A N/A None Windmill Park 18 F No No Yes N/A N/A 5/1-7/31 Wilbur Park 19 F No No Yes N/A N/A 5/1-7/31 Pine Island Entrance Channel 20 D Yes No No Yes Embayment 1/15-5/31 Englewood Entrance Channel 21 D Yes No No Yes Embayment 1/15-5/31 Englewood Ramp and Basin 22/23 D Yes No No Yes Embayment 1/15-5/31 Bass River Approach Channel 24a D No (if <10,000 CY) Alewife Blueback Herring American Eel White Perch Atlantic Tomcod Yes Yes Approach1 2/15-6/30 Bass River Inlet Channel 24b D Yes Alewife Blueback Herring American Eel White Perch Atlantic Tomcod Yes Yes Inlet1 1/15-6/30 Bass River Embayment and Basin 24c D Yes Alewife Blueback Herring American Eel White Perch Atlantic Tomcod Yes Yes Embayment1 1/15-6/30 West Dennis Beach 25 F No No Yes N/A N/A 5/1-7/31 South Middle Beach 26 F No No Yes N/A N/A 5/1-7/31 Bass River Beach 27 F No No Yes N/A N/A 5/1-7/31 Parkers River Approach Channel 28a D No (if <10,000 CY) Alewife American Eel White Perch Atlantic Tomcod Yes Yes Approach1 2/15-6/30 Parkers River Inlet 28b D Yes Alewife American Eel Yes Yes Inlet1 1/15-6/30 White Perch Atlantic Tomcod Parkers River Embayment 28c D Yes Alewife American Eel White Perch Atlantic Tomcod No Yes Embayment1 1/15-6/30 Seaview Beach 29 F No No Yes N/A N/A 5/1-7/31 Parkers River Beach 30 F No No Yes N/A N/A 5/1-7/31 Seagull Beach Dune 31 F No No Yes N/A N/A 5/1-7/31 Thatchers Beach 32 F No No Yes N/A N/A 5/1-7/31 Mill Creek 33 D Yes Alewife American Eel White Perch No Yes Embayment 1/15-6/30 Colonial Acres Beach 34 F No No No N/A N/A None Dennis Pond 35 F No No No N/A N/A None Little Sandy Pond 36 F No No No N/A N/A None Wings Grove Park 37 F No No No N/A N/A None 1Refer to Figure 1 for Parkers River and Bass River approach channel, inlet channel, and embayment delineations Figure 1. Parkers River and Bass River waterbody feature limits