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Home My WebLink AboutDMF comment 4.23.2023The 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 18, 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 the Crowell Beach Association to perform maintenance dredging and beach nourishment at Crowell Beach (138 Crowell Road) in the Town of Yarmouth. The proposed project includes mechanically dredging approximately 190 cubic yards of sediment from a tidal channel at low tide and using the dredged material to nourish approximately 15,533 square feet of Crowell Beach. The applicant is also proposing to nourish the beach area with sand from a different source during years when dredging is not necessary. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site is within mapped shellfish habitat for bay scallop (Argopecten irradians), softshell clam (Mya arenaria), 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. 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]. Lewis Bay 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 [3]. 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 [4]. Given the new status of the winter flounder stock, every effort should be made to protect the species and its spawning habitat. The project site lies within a horseshoe crab (Limulus polyphemus) spawning area and the species has been recorded nesting on nearby Kalmus beach. Horseshoe crabs deposit their eggs in the upper intertidal regions of sandy beaches from late spring to early summer during spring high tides. Adult crabs congregate in deep waters during the day while they wait to spawn on nearby beaches at night. Eggs hatch approximately two to four weeks later. The 2019 benchmark stock assessment indicates that the New England horseshoe crab stock status has shifted from poor to neutral [5]. Continued efforts should be made to protect the species and facilitate further stock improvement. 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 [6]. • Construction activities and disposal of beach fill could bury and crush spawning horseshoe crabs and nests. Eggs in nests buried too deeply may not hatch. To protect sensitive life stages of horseshoe crabs, MA DMF recommends a time-of-year (TOY) restriction on beach nourishment activities from May 1 to July 31 of any year [6]. • Any beach nourishment should be consistent with MassDEP’s Beach Nourishment Guide [7]. Beach fill material should be of appropriate slope to avoid premature loss from the beach and impacts to nearshore bottom habitat. • Beach nourishment equipment (e.g., excavator, delivery/dump truck) should be staged upland of intertidal habitat to minimize impacts and avoid compaction of sediment in mapped shellfish habitat. • MA DMF recommends the top of the dredge slope maintain a buffer of at least 25 feet from any bordering salt marsh to reduce the risk of slumping and erosion impacts to this resource. • The applicant should consult with the shellfish constable regarding the removal/transplanting of any shellfish within the dredging and/or nourishment area. 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, Inc. John Logan, Emma Gallagher, Holly Williams, MA DMF Conrad Caia, Yarmouth Shellfish Constable 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., 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. 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. 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 5. ASMFC. 2019. 2019 Horseshoe Crab Benchmark Stock Assessment and Peer Review Report. Prepared by the ASMFC Horseshoe Crab Stock Assessment Review Panel pursuant to NOAA Award No. NA15NMF4740069. http://www.asmfc.org/uploads/file/5cd5d6f1HSCAssessment_PeerReviewReport_May20 19.pdf 6. Evans, N.T., K.H. Ford, B.C. Chase, and J. Sheppard. 2011. 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 7. Haney, R., L. Kouloheras, V. Malkoski, J. Mahala, and Y. Unger. 2007. Beach Nourishment: MassDEP’s Guide to Best Management Practices for Projects in Massachusetts. https://www.mass.gov/files/documents/2016/08/uv/beach-nourishment- massdeps-guide-to-best-management-practices-for-projects-in-massachusetts-haney.pdf.