The URL can be used to link to this page

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 5, 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 David and Daphne Geanacopoulos to construct a pier, ramp, and float at 24 Frothingham Way within the Bass River in the Town of Yarmouth. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site lies withing mapped shellfish habitat for bay scallop (Argopecten irradians) and northern quahog (Mercenaria mercenaria). 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. These species were found during a shellfish survey conducted in May 2022. 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 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) [3]. 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 [4]. 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 [5]. 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 new pier has the potential to negatively impact nearby shellfish resources and fisheries in a variety of ways [6]. While some of these impacts can be avoided or reduced with best management practices, others are unavoidable and will result in permanent impacts to shellfish habitat and associated fisheries access. Support piles will directly displace shellfish habitat, and piles may cause further indirect impacts that negatively affect bordering shellfish habitat. Leachates from any pressure treated wood used for support piles or decking may also negatively impact nearby shellfish. Associated boating activity could result in prop dredging if the float is installed in insufficient water depth relative to the size of vessels using the structure. The support piles, float, and adjacent footprints will likely not be accessible to commercial or recreational fisheries. • 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 base of horizontal stringers and salt marsh reduced shading and marsh loss relative to the typically required 1:1 H:W ratio [6-8]. Current plans show a pier width of 3 feet over salt marsh and 4 feet of clearance between the lowest stringer and salt marsh. Current plans do not meet the 1.5:1 H:W ratio recommendation. MA DMF recommends establishing a minimum 1.5:1 H:W ratio for pier decking across the full extent that overlies the marsh. • Any activities requiring a barge should be restricted to 2 hours before and after high tide to prevent barge grounding in mapped shellfish habitat. 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: Robert Perry, Cape Cod Engineering John Logan, Emma Gallagher, Holly Williams, MA DMF Conrad Caia, Yarmouth Shellfish Constable Robert Boeri, CZM AD/eg Reference: 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., J.E. Hughes, and R.A. Rountree. 2000. “Salt marsh ecosystem support of marine transient species.” In: M.P. Weinstein and D.A. Kreeger, eds. Concepts and Controversies in Tidal Marsh Ecology: Kluwer Academic Publisher, The Netherlands. pp. 333-365 3. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 4. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 5. 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 6. 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 7. 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 8. 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