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Home My WebLink AboutDMF commentThe 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 MAURA HEALEY KIMBERLEY DRISCOLL REBECCA TEPPER RONALD S. AMIDON DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director April 3, 2023 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 Joseph and Nina Ianelli to reconstruct a rock revetment, repair a pier, expand a landing, and dredge less than 100 cubic yards within the Bass River at 80 Grandview Drive in the Town of Yarmouth. The proposed revetment reconstruction would take place within the same footprint of the current revetment and would be built with deeper toes and to the same height as the existing structure. All revetment construction will take place from the upland area. The proposed landing expansion would expand the landing landward of the current structure. All proposed dock repairs will occur above the water and consist of replacing decking, handrails, and cross bracing. Vegetation removal above MHW is proposed and would be replaced with an 8’ wide strip containing a mix of native vegetation and salt tolerant grasses. Last, the applicant is proposing to remove an unlicensed float used for keeping a boat in adequate depth, and instead dredge an area to –3 MLW under the licensed float. Shellfish within the dredge area would be relocated laterally outside the dredge footprint. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site abuts mapped shellfish habitat for bay scallop (Argopecten irradians), softshell clam (Mya arenaria), and northern quahog (Mercenaria mercenaria). Waters bordering 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. A total of 22 littlenecks, 41 cherrystones, and 51 quahogs were found in 70 sample plots during a shellfish survey conducted in December 2022. According to the shellfish survey, the sediments beyond this point were not suitable, and no shellfish were found any deeper than 4 feet. The Bass 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) [1]. 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). In the previous stock assessment, the winter flounder stock was classified as overfished with spawning stock biomass in 2019 estimated to be only 32% of the biomass target [2]. Spawning stock biomass in 2021 was estimated to be 101% of the biomass target based on a new recruitment stanza focusing only on the past twenty years [3]. Given the new 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: • A time-of-year (TOY) restriction should be observed on all in-water activities to protect sensitive life stages of winter flounder. No in-water, silt-producing activities should take place from Jan 15th – May 31st of any year [2]. • While the narrative states that the proposed revetment would be within the same footprint of the existing structure, the proposed deeper toe stones within the construction plans are outside the existing structure’s footprint. The proposed deeper toe stones as planned will displace shellfish habitat. • Any activities requiring a barge should be restricted to 2 hours before and after high tide to prevent barge grounding in mapped shellfish habitat. • Appropriate containment measures should be employed to prevent siltation in the marine environment during dredging activities. 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: Mark Burgess, Shorefront Consulting John Logan, Emma Gallagher, Holly Williams, MA DMF Conrad Caia, Yarmouth Shellfish Constable Robert Boeri, CZM AD/eg Reference: 1. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 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. ASMFC. 2022. Southern New England Mid-Atlantic winter flounder 2022 Management Track Assessment Report. Compiled June 2022. https://apps- nefsc.fisheries.noaa.gov/saw/sasi.php