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Home My WebLink AboutDMF 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 21, 2023 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by the Town of Yarmouth to remove and treat invasive species with herbicide, and construct a pedestrian bridge over salt marsh and over Mill Creek at 261, 275, and 281 Route 28 (Chase Brook Park) in the Town of Yarmouth. The proposed pedestrian bridge would be 5 feet wide and 40 feet long. Herbicide applications will be either selective spot treatments (low- volume foliar) or direct stem applications (cut and wipe). Herbicides used will contain Triclopyr or Glyphosate as their active ingredient. 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 northern quahog (Mercenaria mercenaria). Waters within the project site have habitat characteristics suitable for this 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. Mill Creek 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) [3]. MA DMF offers the following comments for your consideration: • A time-of-year (TOY) restriction should be observed on all herbicide treatments to protect sensitive life stages of river herring [4-5]. No herbicide treatment within the intertidal or wetland areas should take place from April 1 – June 30 of any year [4]. • 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 bridge width of 5 feet and 5 feet of clearance between the lowest stringer and salt marsh. Current plans do not meet the 1.5:1 H:W ratio recommendation. MA Drafted 2016; Updated 2023 2 DMF recommends establishing a minimum 1.5:1 H:W ratio across the full extent that overlies the marsh or relocating the pedestrian bridge outside of salt marsh 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 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: Catherine C. Ricks, Coastal Engineering Co., Inc. 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. 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. 2. 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. 3. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 4. Sheppard, J.J., and B.C. Chase. 2021. Herbicides. Technical Memo, Massachusetts Division of Marine Fisheries, New Bedford. https://www.mass.gov/doc/herbicides-and- diadromous-fishes/download 5. 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 Drafted 2016; Updated 2023 3 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