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HomeMy WebLinkAboutNHESP comment no take 1.23.2026January 22, 2026 Christian Hayes East Bar Oyster Company 503 North Dennis Road Yarmouth Port, Massachusetts 02675 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: Christian Hayes, East Bar Oyster Company Project Location: Coastal waters north of Yarmouth (CCB 26.1) Project Description: 2.7-acre aquaculture grant DEP Wetlands File No.: Not assigned yet NHESP File No.: 25-19624 Heritage Hub Form ID: RC-97773 Dear Commissioners & Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans (dated 1-12-2026, two sheets, prepared by Christian Hayes) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37). The Division also received the MESA Review Checklist and supporting documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18). PROJECT DESCRIPTION "the Project" The Project is for a 2.7-acre aquaculture grant located off the north coast of Yarmouth, west of Lone Tree Creek and east of Mill Creek, and within DMF designated shellfish growing area CCB 26.1. The applicant proposes to grow oysters (Crassostrea virginica), quahogs (Mercenaria mercenaria), softshell clams (Mya arenaria), and blue mussels (Mytilus edulis) within bottom cages on a subtidal site that has a muddy/sandy bottom. As proposed, the aquaculture grant will be accessed by boat via Grays Beach and by foot via Warf Lane . STATE-LISTED SPECIES The Project as currently proposed will occur within Priority Habitat and Estimated Habitat for the following State-listed species: 2 bird species of Special Concern (Least Tern, Sternula antillarum) (Common Tern, Sterna hirundo), one Endangered bird species (Roseate Tern, Sterna dougallii) and one Threatened bird species (Piping Plover, Charadrius melodus). Piping Plover and Roseate Terns are also protected pursuant to the U .S. Endangered Species Act (ESA, 50 CFR 17.11). NHESP No.Page 2 of 325-19624 January 22, 2026 Issued WETLANDS PROTECTION ACT (WPA) The purpose of the Division’s review of the proposed project under the WPA regulations for state-listed rare wetland wildlife is to determine whether the project will occur within the actual Resource Area Habitat and will result in short- or long-term adverse effects to the Resource Area Habitats. Based on a review of the information provided and the information that is currently contained in our database, the Division has determined that this project will not adversely affect the actual Resource Area Habitat of state-listed rare wildlife. Therefore, this project meets the state-listed rare wetland wildlife performance standards for the issuance of an Order of Conditions. This determination addresses only the matter of state-listed rare wetland wildlife habitat. When filing for any Notice of Intent, Request for Determination of Applicability or associated renewal, extension, or amendment of the WPA Orders of Conditions, the Applicant shall contact the Division for written response regarding impacts to Resource Area Habitat of state-listed wildlife. A renewal, extension or amendment of an Order of Conditions does not renew, extend or amend the MESA authorization MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) The MESA is administered by the Division and prohibits the Take of state -listed species, which includes actions that “in reference to animals, means to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct, and in reference to plants, means to collect, pick, kill, transplant, cut or process or attempt to engage or to assist in any such conduct. Disruption of nesting, breeding, feeding or migratory activity may result from, but is not limited to, the modification, degradation or destruction of habitat of state-listed wildlife species” (321 CMR 10.02). The purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-listed species will result from the proposed project. Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this Project will not result in a prohibited Take of state-listed rare species. This determination is a final decision of the Division of Fisheries & Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project. The authorization for work is valid for 5 years from the date of issuance Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Devon Harrington, Endangered Species Review Biologist, at devon.a.harrington@mass.gov or 508-389-6354. NHESP No.Page 3 of 325-19624 January 22, 2026 Issued Sincerely, Jesse Leddick Assistant Director cc: