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HomeMy WebLinkAboutDMF comment 7.25.2025The 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 July 25, 2025 RE: General Permit NAE 2025-01048 Dear Ms. Thrall: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the General Permit application (GP) by Amanda Lima from the Town of Yarmouth Department of Public Works to mechanically dredge approximately 40 cubic yards of shoaled material from a 670 square foot area in the Bass River in the Town of Yarmouth. Dredged material will be dewatered and disposed in an upland area. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The dredge footprint contains mapped shellfish habitat for quahog (Mercenaria mercenaria) and bay scallop (Argopecten irradians). 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), blueback herring (Alosa aestivalis), American eel (Anguilla rostrata), white perch (Morone americana), and Atlantic tomcod (Microgadus tomcod) [1]. The Bass River provides spawning and nursery habitat for winter flounder (Pseudopleuronectes americanus). 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: • 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]. 2 • MA DMF recommends that the top of the slope be no closer than 25 feet from the MLW line. Dredging the toe of the slope near the MLW line may result in the slumping of the intertidal habitat. • MA DMF recommends the top of the dredge slope maintain a buffer of at least 25 feet from any bordering salt marsh to reduce the risk of slumping and erosion impacts to this resource. • 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. 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: Yarmouth Conservation Commission Bevlyn Quinn, GEI Consultants, Inc. Casaundra Healy, Yarmouth Shellfish Constable John Logan, Kara Falvey, Holly Williams, Matt Camisa, MA DMF Patrice Bordonaro, CZM 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 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 3