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Home My WebLink AboutDMF comment 1.14.2025The 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 January 14, 2025 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 Maureen Kelly to replace an existing vertical bulkhead with a sloped stone revetment, replace an existing pier, and construct a ramp and float within Dinahs Pond and the Bass River at 146 Mayflower Terrace in the Town of Yarmouth. The proponent is also proposing to make repairs on the existing pier while waiting for the pier replacement permits. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site lies within mapped shellfish habitat for soft shell clam (Mya arenaria) and northern quahog (Mercenaria mercenaria). Waters within the project site have habitat characteristics suitable for these species. Quahogs were found within the project site during a shellfish survey conducted by the BSC Group on September 9, 2024. 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 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]. Dinahs Pond and 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]. Dinahs Pond and 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. 2 MA DMF offers the following comments for your consideration: • A time-of-year (TOY) restriction should be observed on all in-water, silt-producing activities – such as piling installation - to protect sensitive life stages of alewife [7]. No in-water, silt-producing activities should take place from April 1 – June 15 of any year. • An expanded pier and float 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. 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 float is 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. • MA DMF recommends that float area and pier length be minimized to the size required for the intended use [6]. Based on neighboring piers, the pier length and float appear greater than the size needed for water access and vessel dockage space. MA DMF recommends reducing the size of the proposed float and pier extension and installing pile-supported float stops to avoid additional shading and public access impacts. • The NOI does not detail the proposed repairs for the existing pier structure and ramp. Without these details, MA DMF can not provide comments. • Repair of the structure should be within the same footprint as the existing structure. Any expansion of the footprint into tidal waters of the Commonwealth will result in the loss of shellfish habitat. • The proposed revetment would impede any future landward migration of salt marsh with sea level rise. MA DMF recommends that the applicant consider pulling the structure landward to minimize these impacts to salt marsh. • MA DMF recommends that all staging and storage of construction equipment and material be located on the upland side of the project site or on the construction barge. • 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 3 cc: Hannah Raddatz, BSC Group, Inc. John Logan, Emma Gallagher, Holly Williams, MA DMF Casaundra Healy, Yarmouth Shellfish Constable Patrice Bordonaro, CZM AD/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. 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., 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