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HomeMy WebLinkAboutDMF 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 BETHANY A. CARD RONALD S. AMIDON DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director September 7, 2022 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 Clifford Polly, 48 Grandview Drive, to extend an existing ramp and add three new pilings to support the existing structure and float on the Bass River in the Town of Yarmouth. Work will be conducted near high tide to prevent the barge from grounding. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site lies within and adjacent to mapped shellfish habitat for soft shell clam (Mya arenaria), quahog (Mercenaria mercenaria) and bay scallop (Argopecten irradians). 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. The Bass River acts as winter flounder (Pseudopleuronectes americanus) spawning habitat. 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 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 [1]. Given the status of the winter flounder stock, every effort should be made to protect the species and its spawning habitat. MA DMF offers the following comments for your consideration: • The NOI states that the new float location will match the current depth requirements for piers of –3 feet MLW. However, the bathymetry in the project plans does not appear to be recorded relative to a MLW depth of 0 feet. While the terminal section of the new float would be in deeper water than the current float structure, it appears to be below this –3 feet MLW threshold. Much of the new float area also appears to be below the minimum 2.5 foot clearance recommended by MA DMF for floats installed over shellfish habitat [2]. Depths below the new float footprint should be clearly defined for the landward and seaward ends of the proposed new structure. • MA DMF recommends the use of appropriate containment techniques to prevent siltation in the marine environment during construction. Questions regarding this review may be directed to Amanda Davis in our New Bedford office at Amanda.davis@mass.gov. Sincerely, Amanda Davis Environmental Analyst MA Division of Marine Fisheries cc: Paul Mancuso, BSC Group John Logan, Emma Gallagher, MA DMF Robert Boeri, CZM AD/eg References: 1. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 2. Logan, J.M., A. Boeri, J. Carr, T. Evans, E.M. Feeney, K. Frew, F. Schenck, and K.H. Ford. 2022. A review of habitat impacts from residential docks and recommended Best Management Practices with an emphasis on the northeastern United States. Estuaries Coasts 45: 1189–1216. https://www.mass.gov/doc/dock-bmp- recommendations/download.