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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 March 14, 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 Joseph and Meredith Zona to reconstruct the backyard area and beach area within and near the Bass River at 39 Seth Lane in the Town of Yarmouth. The proposed work includes removing a concrete and stone seawall, using a cut and fill approach in the backyard area to convert the area into a 10:1 slope beach, provide approximately 124 cubic yards of nourishment above mean low water between the existing stone groins, remove all existing concrete caps on top of the groins, and restore the height of the groins with suitable stones removed from the stone seawall. Any extra stone would be removed from the site. Unsuitable excavated material will be removed from the site. Shellfish between the two groins would be removed and relocated to the other side of the groins. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site abuts 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 American oyster (Crassostrea virginica), northern quahog (Mercenaria mercenaria), and softshell clam (Mya arenaria). 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. Quahog was found within the project site during a shellfish survey conducted by John Lowell on December 2, 2023. 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. 2 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: • Any nourishment should be consistent with MassDEP’s Beach Nourishment Guide [6]. Beach fill material should be of appropriate slope to avoid premature loss from the beach and impacts to nearshore bottom habitat. • Nourishment should not take place below the mean low water line. If nourishment was placed below the mean low water line, then a time-of-year (TOY) restriction should be observed on all in-water, silt-producing activities to protect sensitive life stages of winter flounder. No in-water, silt-producing activities, such as nourishment, should take place from Jan 15 – May 31 of any year [7]. • 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. • Construction should not be allowed in salt marsh habitat or in a location which could adversely impact the salt marsh. • 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, Amanda Davis Environmental Analyst MA Division of Marine Fisheries cc: Mark Burgess, Shorefront Consulting 3 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. 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. 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. 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/doc/beach-nourishment-massdeps-guide-to-best- management-practices-for-projects-in-ma/download 7. 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