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Home My WebLink AboutDMF comment ss ..sly The Commonwealth of Massachusetts '"h°`"�•14 °o F.' • * +, ,, a � N Division of Marine Fisheries °br � �10�+ (617)626-1520 I www.mass.gov/marinefisheries iP�Oti°'MAR'NEf`4r. 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 Robert and Ann Childs to reconstruct a pier, gangway, and floats within the Bass River at 154 South Street in the Town of Yarmouth. Pilings will be set farther apart, an existing platform will be removed, and new floats are proposed. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site lies 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. Quahogs were found during a shellfish survey conducted by John Lowell on November 17, 2023 at 9:13pm. 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 area abutting the proposed pier has been mapped by the Massachusetts Department of Environmental Protection(MassDEP) as an eelgrass (Zostera marina)meadow. Eelgrass beds provide one of the most productive habitats for numerous marine species [2-3] and are designated"special aquatic sites"under the Federal Clean Water Act 404(b) (1) guidelines. Every effort should be made to avoid impacts to eelgrass. 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 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 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 addition 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 and eelgrass 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 floats are 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. • While the shellfish survey states that no eelgrass was observed, the survey was conducted outside of the eelgrass growing season(June—September) [7] and was conducted after sunset. MA DMF recommends the proponent conduct an eelgrass survey prior to construction to confirm the proposed float does not lie within 25 feet of any eelgrass. The survey should be conducted within the growing season(June-September) and according to MA DMF Eelgrass Survey Guidelines [7]. • The proposed plans may place the floats in water> 2.5 feet at MLW, however, MA DMF also recommends that float area be minimized to the size required for the intended use [6]. The 2 proposed floats appear greater than the size needed for water access and vessel dockage space. MA DMF recommends reducing the quantity of proposed floats to avoid additional shading and public access impacts. • 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 [6]. Any structures from the previously existing structure described in the shellfish survey should also be removed from shellfish habitat. • 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 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, ii7//4*�lLl Amanda Davis Environmental Analyst MA Division of Marine Fisheries 2 cc: Robert Perry, Cape Cod Engineering, Inc. John Logan, Malik Neron, Kara Falvey, Holly Williams, MA DMF Conrad Caia, Yarmouth Shellfish Constable Patrice Bordonaro, CZM References: 1. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 2. Heck, K.L., Jr., T.J.B. Carruthers, C.M. Duarte, A.R. Hughes, G. Kendrick, R.J. Orth, and S.W. Williams. 2008. "Trophic transfers from seagrass meadows subsidize diverse marine and terrestrial consumers." Ecosystems 11:1198-1210. https://doi.org/10.1007/s10021-008-9155-y 3. Jackson E.L., A.A. Rowden, M.J. Attrill, S.J. Bossey, and M.B. Jones. 2001. "The importance of seagrass beds as a habitat for fishery species." Oceanography and Marine Biology: An Annual Review 39:269-303. https://www.academia.edu/2050183/The_importance_of_seagrass_beds_as_a_habitat_for _fishery_species 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. Evans, N.T. and A.S. Leschen. 2010. Technical Guidelines for the Delineation, Restoration, and Monitoring of Eelgrass (Zostera marina) in Massachusetts Coastal Waters. Massachusetts Division of Marine Fisheries Technical Report TR-43. https://www.mass.gov/doc/eelgrass-survey-guidelines-2010-tr-43-0/download 3