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Home My WebLink AboutDMF comment The Commonwealth of Massachusetts °cethofMe,,,t4 J Division of Marine Fisheries a y Of (617)626-1520 I www.mass.gov/marinefisheries ,Si +0,4fgRMEF` 4, MAURA T.HEALEY KIMBERLEY DRISCOLL REBECCA L.TEPPER THOMAS K.O'SHEA DANIEL J.MCKIERNAN Governor Lt.Governor Secretary Commissioner Director March 20, 2024 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 Joe Drain to reconstruct access stairs, a pier, boat house piles, and gangway within the Bass River at 165 Mayflower Terrace South Street in the Town of Yarmouth. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site lies within 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 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) [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: • While the float is not currently proposed for replacement within this NOI, we would like to highlight that the current float likely grounds out during mean low water. Grounded floats can disturb bottom sediments, resulting in turbidity and direct impacts to benthic 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 habitat. To minimize impacts, MA DMF recommends that the bottom of the float be at least 1.5 feet(18 inches) above the substrate in all coastal or estuarine habitats. MA DMF recommends installing float stops to maintain a 1.5-foot clearance above the substrate at MLW. • All piles that will be removed should be fully removed from the substrate - rather than cut at the base—since the area is suitable shellfish habitat and salt marsh habitat [6]. • Any activities requiring a barge should be restricted to 2 hours before and after high tide to prevent barge grounding in mapped shellfish habitat. • MA DMF recommends the use of appropriate containment techniques to prevent siltation in the marine environment during construction. • 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: Roy Okurowski, WRS Engineering John Logan, Malik Neron, Kara Falvey, Holly Williams, MA DMF Conrad Caia, Yarmouth Shellfish Constable Patrice Bordonaro, CZM 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. 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. 2 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 3