HomeMy WebLinkAboutDMF comment 6.30.2025The 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
June 30, 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 David Condon from the Town of Yarmouth to renovate Packet Landing Marina at 6
Pleasant Street and 1377 Route 28 in the Town of Yarmouth. Proposed renovations include
installing sheet pile panels within the Bass River and tiebacks behind the existing stone
revetment, constructing a concrete cap and duckbill drains, raising the parking lot and walkway,
installing a platform, patching the sloped rip rap revetment, and installing a new gangway. The
applicant is proposing 1,352 square feet of plantings to mitigate for the 1, 466 square feet
increase in site coverage. 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
American oyster (Crassostrea virginica). 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.
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 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 [2]. 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 [3]. 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:
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• A time-of-year (TOY) restriction should be observed on all in-water activities to protect
sensitive life stages of winter flounder. No in-water, silt-producing activities should take
place from Jan 15th – May 31st of any year [4]. However, work may occur within this
TOY period if the proposed turbidity barrier is installed outside of this TOY period.
• Repair of the bulkhead structure should be within the same 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.
• 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.
• Concrete delivery vehicles should be prohibited from washing down equipment on site.
This activity could potentially wash excess concrete and hydrocarbons into marine
resource areas.
• Any activities requiring a barge should be coordinated to avoid barge grounding or
operation in intertidal habitat or shallow water (less than 2 feet between motor skeg and
substrate) over 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:
Brittany Hoffnagle, Woods Hole Group, Inc.
John Logan, Kara Falvey, Holly Williams, Matt Camisa, MA DMF
Casaundra Healy, Yarmouth Shellfish Constable
Patrice Bordonaro, CZM
AD/kf
References:
1. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis-
data-diadromous-fish. Accessed February 8, 2023. 2023.
2. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment
Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE-
MA_WinterFlounderAssessmentUpdate.pdf
3. 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
4. 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