HomeMy WebLinkAboutDMF Comments 5.21.2025The 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
May 21, 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 Mark Proshan of the Yarmouth Shores Condominium Association to reconstruct and
expand an existing sloped stone revetment within Lewis Bay at 29 Lewis Bay Boulevard 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 mapped shellfish habitat for bay scallop (Argopecten irradians) 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.
Lewis Bay 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 [1]. 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 [2]. 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:
• Repair of the structure should be within the same licensed footprint as the existing
structure or landward. Any expansion of the footprint into tidal waters of the
Commonwealth will result in the loss of shellfish habitat. The project as proposed does
not meet this recommendation.
• Site photographs show a high tide waterline landward of the base of the ramps, while the
mean high water line on the project plans just meets the base of the ramps. Any
expansion of the footprint into tidal waters of the Commonwealth will result in the loss of
Commonwealth public trust tidelands and shellfish habitat.
2
• Construction activity, including staging of construction material and equipment as well as
equipment transit to and from the construction site, should avoid intertidal habitat to the
greatest extent practicable. As much work as possible should be conducted from the
upland portion of the project site to minimize impacts and avoid compaction of sediment
in mapped shellfish habitat. Any work in the intertidal zone should be limited to low tide,
such that work is conducted in the “dry”.
• 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:
Heather Cornell, Down Cape Engineering, Inc.
John Logan, Kara Falvey, Holly Williams, Matt Camisa, MA DMF
Casaundra Healy, Yarmouth Shellfish Constable
Patrice Bordonaro, CZM
AD/kf
References:
1. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment
Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE-
MA_WinterFlounderAssessmentUpdate.pdf
2. 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