HomeMy WebLinkAboutDMF comments 12.14.22The 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
December 15, 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 for its Yarmouth Riverwalk Park, Boardwalk and Event Space Project. The
project is proposing to construct a public park on a vacant lot bordering the Parkers River. A
1,300 linear foot boardwalk loop is proposed with a pedestrian bridge, three overlook areas and
four bench areas. The boardwalk would be constructed over salt marsh. A terminal float at the
end of a kayak launch would maintain at least four feet of clearance from the substrate at MLW
and would be held in place with a helical anchor and elastomeric mooring stay system. The
project was reviewed with respect to potential impacts to marine fisheries resources and habitat.
The project site overlies salt marsh vegetation. Salt marsh provides a variety of ecosystem
services, including habitat and energy sources for many fish and invertebrate species [1-2].
The project site lies within mapped shellfish habitat for A quahog (Mercenaria mercenaria) and
blue mussel (Mytilus edulis). 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 Parkers River has been identified by MA DMF as diadromous fish passage, migration,
and/or spawning habitat for alewife (Alosa pseudoharengus), American eel (Anguilla rostrata),
white perch (Morone americana), and Atlantic tomcod (Microgadus tomcod).
The Parkers 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 [3]. 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:
• MA DMF conducted two field studies to assess the relationship between shading, marsh
growth, and dock design; these studies collectively indicated that a height-to-width
(H:W) ratio of 1.5:1 between the lowest horizontal stringer and the salt marsh substrate
reduced shading and marsh loss relative to the typically required 1:1 H:W ratio. The
proposed boardwalk decking H:W (1:1 for N-S, 1.25:1 for E-W) does not meet this
updated recommendation. MA DMF recommends the development of an alternative that
establishes a minimum 1.5:1 H:W ratio across the full extent of the marsh to minimize
shading impacts [4-6]. This alternative and associated support structures should be
presented alongside the currently proposed design to reflect relative indirect (i.e, decking
shading) and direct (i.e., pile displacement of marsh habitat) impacts of the two
alternatives. This information can then be used to determine the design that will have the
least impact on salt marsh habitat.
• A time-of-year (TOY) restriction should be observed on all in-water, silt-producing
activities to protect sensitive life stages of the above-mentioned diadromous species. No
in-water, silt-producing activities should take place from February 15 to June 15 of any
year [7].
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:
Laura Krause, BETA Group, Inc
John Logan, John Sheppard, Emma Gallagher, MA DMF
Robert Boeri, CZM
AD/eg
References:
1. Boesch, D.F. and R.E. Turner. 1984. “Dependence of Fishery Species on Salt Marshes:
The Role of Food and Refuge.” Estuaries 7(4):460-468. https://doi.org/10.2307/1351627.
2. Deegan, L.A. and R.H. Garritt. 1997. “Evidence for spatial variability in estuarine food
webs.” Marine Ecology Progress Series 147:31-47.
https://doi.org/10.3354/MEPS147031/
3. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment
Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE-
MA_WinterFlounderAssessmentUpdate.pdf
4. 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
5. Logan, J.M., A. Davis, C. Markos, K.H. Ford. 2018. “Effects of docks on salt marsh
vegetation: An evaluation of ecological impacts and the efficacy of current design
standards.” Estuaries and Coasts 41:661–675. https://doi.org/10.1007/s12237-017-0323-1
6. Logan, J.M., S. Voss, A. Davis, K.H. Ford. 2018. “An experimental evaluation of dock
shading impacts on salt marsh vegetation in a New England estuary.” Estuaries and
Coasts 41:13–24. https://doi.org/10.1007/s12237-017-0268-4
7. Evans NT, Ford KH, Chase BC, Sheppard J. 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. Accessed
September 29, 2021. 2011