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Home My WebLink AboutDMF comments 1.6.2025s The Commonwealth of Massachusetts Division of Marine Fisheries is ti�keD f617 626-1520 www.ntass. ov/niarinefishel-ies s a ) %k,",w.iiiass.gov/iliariiiefisliet-ies MAl'RA I III -ALLY K[MBLRI I-) DRISC0 1 ; .([-BFCCA i '1'FPI'LR 1'110MAS K. O'SIIFA DANH I J MCkIERNAN Gowmm Li Governor Secrerun Commissioner Drrecuor Town of Yarmouth Selectboard January 6, 2025 c/o Town Admin's Office 1146 Route 28 South Yarmouth, MA 02664 Ladies and Gentlemen: Under authority of Chapter 130, § 57 of the Massachusetts General Laws (MGL), an on -site inspection of an approximately three (3) acre aquaculture sites proposed by Christian Hayes in the town of Yarmouth, MA was conducted by personnel from the Division of Marine Fisheries (DMF) on December 10, 2024. The proposed site is located in the Yarmouth North coastal shellfish growing area (DMF designation CCB26.1). Water quality at and adjacent to this site is classified as "Approved" for shellfish harvesting in accordance with provisions of the National Shellfish Sanitation Program (NSSP). The proposed sites consist of intertidal area characterized by predominately coarse sand substrate. The applicant proposes to deploy bottom gear at these intertidal sites to culture oysters (C. virginica). The site inspection included a shellfish survey. A total of one hundred fifty (150) one square -foot quadrats were sampled along twelve (12) transects. A total of three (3) quahogs (M. mercenoria) were observed. This shellfish density is not considered significant by the Division of Marine Fisheries in assessing sites for private shellfish aquaculture licenses. Two small patches of widgeon grass (R. maritima) were observed in the Northwest corner of the proposed site. Widgeon grass is a significant marine resource that should be avoided, and a twenty-five (25) foot buffer should be created between the site boundary and the widgeon grass present. No other significant marine resources, endangered species, or existing wild fisheries were noted at the time of the survey. The Selectboard may issue a license for an approximately 2.7-acre area that maintains a 25-foot buffer from observed widgeon grass as defined by the coordinates below: NW: 41.719327",-70.257511° 41.719102°,-70.257511° 41.719108°,-70.257785" SW: 41.718027°,-70.257782° NE: 41.719326",-70.256853' SE: 41.718027. -70.256785' SOUTH COAST FIELD STATION CAT COVE MARINE LABORATORY NORTH SHORE FIELD STATION 836 S Rodnev French Bled 92 Fort Avenue 30 Emerson Avenue Ne%% Bedford, MA 02744 Salem. MA 01970 GIoucesrer. MA 01930 Yarmouth North coastal has been mapped as habitat for protected species including sea turtles and whales by NOAA Fisheries Greater Atlantic Regional Fisheries Office Protected Resources Division ( - A Section 7 Mapper (arceis.com)). While floating gear is not proposed at this site, DMF is concerned that vertical lines associated with marker buoys may pose an entanglement risk to marine mammals and turtles. It is our opinion that issuance of an aquaculture license for this site, including the conditions stated below, would not cause a substantial adverse impact on the shellfish or other natural resources of Yarmouth. Consequently, the Selectboard may issue the licenses in accordance with Chapter 130, § 57 of MGL provided the following two conditions are placed on the license: 1) Vertical lines shall be minimized and kept under tension to the greatest extent practicable. 2) Any entanglement of protected species, including whales and turtles, must be immediately reported to the Marine Mammal and Sea Turtle Stranding and Entanglement Hotline at 1-866-755-NOAA (6622). A copy of the licenses must be sent to this office at the time of issue by the Select Board. All activities in connection with this license must be conducted in accordance with all applicable state statutes and regulations governing shellfish and in accordance with provisions of Title 322, Code of Massachusetts Regulations (CMR) 7:00 Permits, 15:00 Management of Marine Aquaculture, 16:00 Shellfish Sanitation, Harvest, Handling and Management; and Department of Public Health, Food Protection Program regulations at Title 105, CMR 500.020 and 500.021. Marine Fisheries reserves the right to further condition this private aquaculture license at any time, under provisions of MGL Chapter 130, § 57 if deemed necessary to protect shellfish and other natural resources. All holders of a local private shellfish aquaculture license from a municipality allowing exclusive use of an area to grow shellfish are also required to obtain a propagation permit from DMF and a state commercial shellfish permit in order to harvest under authority of Chapter 130, §§ 69 and 80 of MGL and 322 CMR: 7:00 and 15:00 from the Division of Marine Fisheries. The propagation permit authorizes the possession and growing of seed shellfish from an approved source and is required annually regardless of whether seed is purchased from a hatchery or is acquired from a natural set. The commercial permit allows harvesting, possession, and landing of shellfish far sale to wholesale dealers authorized to purchase shellfish. The licensee should be aware that this license is subject to further regulation by the U.S. Army Corps of Engineers and is subject to review by the Massachusetts Environmental Policy Act (MEPA) Office under the provisions of M.G.L. c.30, §§ 61- 621 and the Massachusetts Department of Environmental Protection (MassDEP) under the provisions of Chapter 91 (Waterways Acts) and/or Chapter 131, § 40 (Wetlands Act) and their regulations. It is mandatory the licensee contact the local Conservation Commission to determine the applicability of the Wetlands Act and the U.S. Army Corps of Engineers, Regulatory Branch at 696 Virginia Rd., Concord, MA. 01742 (TEL: 978-318-8338) concerning a Massachusetts Regional General Permit for Shellfish Aquaculture. The licensee should also contact the MEPA Office (MEPA@mass.gov; 617-626-1000) to determine the need for MEPA review if the project meets or exceeds one or more MEPA review thresholds identified at 301 CMR 11.03. This shellfish 2 aquaculture license may be eligible for MEPA review via the Special Review Procedure (SRP). If MEPA review is required, DMF's certification under M_G.L. c_ 130, § 57 shall be deemed conditioned on the issuance of a Certificate from the Secretary of Energy and Environmental Affairs determining that an Environmental Impact Report (EiR) is not required or that a Single or Final EIR is adequate for this project. This license certification shall be deemed final upon provision of such MEPA Certificate to DMF. Commencement of operations under this license prior to such determination by the Conservation Commission or before obtaining other required permits, approvals, and licenses from the MEPA Office, MassDEP, orthe U.S. Army Corps of Engineers may result in legal or regulatory action against the licensee by one or more of these agencies. Permits issued by DMF to obtain and possess seed shellfish for aquaculture will not be issued until this license certification is final and do not absolve the licensee from the above -mentioned obligations. Any questions or comments should be directed to Alex Boeri at (508) 742 -9730. Sincerely, Daniel J. McKiernan, Director MA Division of Marine Fisheries CU G. Lundgren, A. Boeri, C. Petitpas, M. Camisa, DMF C. Healy, Shellfish Constable C. Hayes, Applicant Yarmouth Conservation Commission J. Hobill, DEP SERO MEPA U.S. Army Corps of Engineers 3