HomeMy WebLinkAboutDMF comment 3.31.2025The 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
March 31, 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 William Hearn to construct a ramp and replace an existing vertical bulkhead with a
taller bulkhead within the Bass River at 104 River Street in the Town of Yarmouth. The
applicant is also proposing to replace a deck landward of the existing bulkhead. 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. These species and American oyster (Crassostrea
virginica) were found within the project site during a shellfish survey conducted by the BSC
Group on March 26, 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 includes 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 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:
2
• Repair of the bulkhead 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 photographs show salt marsh within the area proposed for fill. Filling will result in
the loss of salt marsh habitat.
• The photographs show salt marsh present behind the existing bulkhead and around the
footprint of the deck. MA DMF recommends that the applicant consider pulling the
proposed deck structure landward to minimize these impacts to salt marsh habitat.
• MA DMF recommends that all staging and storage of construction equipment and
material be located on the upland side of the project site outside of the intertidal area and
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:
Hannah Raddatz, BSC Group, Inc.
John Logan, Emma Gallagher, Holly Williams, Kara Falvey, Matt Camisa, 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
3
Track Assessment Report. Compiled June 2022. https://apps-
nefsc.fisheries.noaa.gov/saw/sasi.php