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HomeMy WebLinkAboutDMF comment 10.10.2025The 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 October 10, 2025 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Request for Determination of Applicability by Chris Erickson to license an existing ramp and float within the Parkers River at 2 Cape Isle Drive 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 American oyster (Crassostrea virginica). Waters within the project site have habitat characteristics suitable for this 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. Parkers 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]. Parkers 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: • MA DMF recommends that the float area be minimized to the size required for the intended use [4]. The additional float appears greater than the size needed for water access and vessel dockage space. MA DMF recommends maintaining the existing single licensed float footprint to avoid additional shading and public access impacts. • Grounded floats can disturb bottom sediments, resulting in turbidity and direct impacts to benthic habitat. To minimize impacts, MA DMF recommends that the bottom of a 2 proposed float be at least 2.5 feet (30 inches) above the substrate over mapped shellfish habitat, at MLW [4]. Both floats do not maintain this minimum clearance at MLW. If approved, MA DMF recommends installing pile-supported float stops to maintain a 2.5- foot clearance above the substrate at MLW. • 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 cc: David Ojala, 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. 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. 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