The URL can be used to link to this page

Home My WebLink AboutDMF Certification_7-5-22The 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 July 5, 2022 Town of Yarmouth Select Board 1146 Route 28 South Yarmouth, MA 02664 Ladies and Gentlemen: Under authority of Chapter 130, § 57 of the Massachusetts General Laws (MGL), an on-site inspection of an approximately 3-acre aquaculture site proposed by Joel Bois in the Town of Yarmouth, MA was conducted by personnel from the Division of Marine Fisheries (DMF) on June 10, 2022. The proposed license site is located in the waters of Yarmouth within the Lewis Bay shellfish growing area (DMF designation SC28.0) north of Pine Island. Water quality at and adjacent to this site is classified as “Approved” for shellfish harvesting in accordance with provisions of the National Shellfish Sanitation Program (NSSP). The proposed site is within a subtidal area with sediment that consists primarily of hard-packed sand and mud. The applicant proposes to deploy bottom and floating gear to culture oysters (C. virginica) and quahogs (M. mercenaria). The site inspection included a shellfish survey. A total of three hundred (300) square- foot quadrats were sampled along fifteen (15) approximately east-west running transects across the site. A total of fifteen (15) quahogs were observed throughout the site for an estimated density of 0.05 quahogs/ft2. A single blood clam (a.k.a, blood ark; A. ovalis) was also observed during the survey. These shellfish densities are not considered significant by the Division of Marine Fisheries in assessing sites for private shellfish aquaculture licenses. No eelgrass (Z. marina) was observed on the proposed site. No other significant marine resources, endangered species, or existing wild fisheries were noted at the time of the survey. Lewis Bay has been mapped as habitat for protected species including sea turtles and whales by NOAA Fisheries Greater Atlantic Regional Fisheries Office Protected Resources Division (https://noaa.maps.arcgis.com/apps/webappviewer/index.html?id=1bc332edc5204e03b250ac11f9914a27). DMF is concerned that placement of vertical lines may pose an entanglement risk to marine mammals and turtles. It is our opinion that issuance of an aquaculture license site at this Lewis Bay location would not cause substantial adverse impacts on the shellfish or other natural resources of this water body with the conditions stated below. Consequently, the Select Board may issue the license in accordance with Chapter 130, § 57 of MGL provided the following two conditions are placed on the license: 1) Vertical lines attached to gear and/or buoys shall be reduced in number to the extent possible and shall be kept under tension or sheathed to the greatest extent practicable. 2) Any entanglement of protected species, including whales and turtles, must be immediately reported to the Marine Mammal and Sea Turtle Stranding and Entanglement Hotline at 1-866- 755-NOAA (6622). A copy of the license must be sent to this office at the time of issue by the Select Board. All activities in connection with this license must be conducted in accordance with all applicable state statutes and regulations governing shellfish and in accordance with provisions of Title 322, Code of Massachusetts Regulations (CMR) 7:00 Permits, 15:00 Management of Marine Aquaculture, 16:00 Shellfish Sanitation, Harvest, Handling and Management; and Department of Public Health, Food Protection Program regulations at Title 105, CMR 500.020 and 500.021. Marine Fisheries reserves the right to further condition this private aquaculture license at any time, under provisions of MGL Chapter 130, § 57 if deemed necessary to protect shellfish and other natural resources. All holders of a local private shellfish aquaculture license from a municipality allowing exclusive use of an area to grow shellfish are also required to obtain a propagation permit from DMF and a state commercial shellfish permit in order to harvest under authority of Chapter 130, §§ 69 and 80 of MGL and 322 CMR: 7:00 and 15:00 from the Division of Marine Fisheries. The propagation permit authorizes the possession and growing of seed shellfish from an approved source and is required annually regardless of whether seed is purchased from a hatchery or is acquired from a natural set. The commercial permit allows harvesting, possession, and landing of shellfish for sale to wholesale dealers authorized to purchase shellfish. The licensee should be aware that this license is subject to further regulation by the U.S. Army Corps of Engineers and may be subject to review by the Massachusetts Environmental Policy Act (MEPA) Office under the provisions of M.G.L. c.30, §§ 61- 62I and the Massachusetts Department of Environmental Protection (MassDEP) under the provisions of Chapter 91 (Waterways Acts) and/or Chapter 131, § 40 (Wetlands Act) and their regulations. It is mandatory the licensee contact the local Conservation Commission to determine the applicability of the Wetlands Act and the U.S. Army Corps of Engineers, Regulatory Branch at 696 Virginia Rd., Concord, MA. 01742 (TEL: 978-318-8338) concerning a Programmatic General Permit for Shellfish Aquaculture. The licensee should also contact the MEPA Office (MEPA@mass.gov; 617-626-1000) to determine the need for MEPA review if the project meets or exceeds one or more MEPA review thresholds identified at 301 CMR 11.03. If MEPA review is required, DMF’s certification under M.G.L. c. 130, § 57 shall be deemed conditioned on the issuance of a Certificate from the Secretary of Energy and Environmental Affairs determining that an Environmental Impact Report (EIR) is not required or that a Single or Final EIR is adequate for this project. This license certification shall be deemed final upon provision of such MEPA Certificate to DMF. Commencement of operations under this license prior to such determination by the Conservation Commission or before obtaining other required permits, approvals, and licenses from the MEPA Office, MassDEP, or the U.S. Army Corps of Engineers may result in legal or regulatory action against the licensee by one or more of these agencies. Permits issued by DMF to obtain and possess seed shellfish for aquaculture will not be issued until this license certification is final and do not absolve the licensee from the above-mentioned obligations. Any questions or comments should be directed to Christian Petitpas, Aquaculture Specialist, at (508) 742- 9766. Sincerely, Daniel J. McKiernan, Director MA Division of Marine Fisheries cc: G. Lundgren, C. Petitpas, J. Kennedy, DMF C. Caia, Shellfish Constable J. Bois, Applicant Yarmouth Conservation Commission P. Czepiga, MEPA J. Hobill, DEP SERO U.S. Army Corps of Engineers