HomeMy WebLinkAboutDMF commentThe Commonwealth of Massachusetts
Division of Marine Fisheries
(617) 626-1520 | www.mass.gov/marinefisheries
MAURA T. HEALEY KIMBERLEY DRISCOLL REBECCA L. TEPPER THOMAS K. O’SHEA DANIEL J. MCKIERNAN
Governor Lt. Governor Secretary Commissioner Director
SOUTH COAST FIELD STATION CAT COVE MARINE LABORATORY NORTH SHORE FIELD STATION
836 S. Rodney French Blvd 92 Fort Avenue 30 Emerson Avenue
New Bedford, MA 02744 Salem, MA 01970 Gloucester, MA 01930
December 20, 2023
Yarmouth Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
Dear Commissioners:
The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Request for
Determination of Applicability (RDA) by Holly Davis-Whittaker to remove an unpermitted
piling, install a new piling, reconfigure a float location, and install a new float within the Bass
River at 232 Blue Rock Road in the Town of Yarmouth. All work would be conducted from a
barge. The project was reviewed with respect to potential impacts to marine fisheries resources
and habitat.
The project site lies within mapped shellfish habitat for 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 Bass River has been identified by MA DMF as diadromous fish passage, migration, and/or
spawning habitat for alewife (Alosa pseudoharengus), white perch (Morone americana), and
American eel (Anguilla rostrata) [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:
• Any piles that will be removed or replaced should be fully removed from the substrate -
rather than cut at the base – since the area is suitable shellfish habitat [4].
• Any activities requiring a barge should be restricted to 2 hours before and after high tide
to prevent barge grounding in mapped shellfish habitat.
• Fuel spills from refueling of construction equipment will adversely impact sensitive
resource areas. Impacts to resource areas can be avoided by prohibiting all land -based
Drafted 2016; Updated 2023
2
equipment from being refueled on-site. If equipment is refueled on-site, adequate
containment and clean up material should be required to minimize impacts.
Questions regarding this review may be directed to Amanda Davis at amanda.davis@mass.gov.
Sincerely,
Amanda Davis
Environmental Analyst
MA Division of Marine Fisheries
cc:
Holly Davis-Whittaker
John Logan, Malik Neron, Kara Falvey, Holly Williams, Matt Camisa, MA DMF
Casaundra Healy, Yarmouth Shellfish Constable
Patrice Bordonaro, CZM
AD/mn/kf
References:
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
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