HomeMy WebLinkAboutDNR memo to SB 7.17.2024TOWN OF YARMOUTH
DEPARTMENT OF COMIMUNITY SLERVtCES
Natural Resources Division
424 t2oute ?8, WE -,Si Yarmouth, MA 02763
Ietephonr- Sob) 76C-4000 Fax (5N) 760-4805
MEMO
Date: July 17. 2024
To: I he Town of Yarmouth Select Board r,
From: Casaundra I... Healy, Shellfish Constable CAI
Wiiliarn D. Bons ew
Director
Subject: Christian Hayes DB/A East Bar Oyster Company, Newly Proposed Aquaculture Site
On March 12, 2024, at 6:57am, I, Casaundra Healy the Shellfish Constable of Yarmouth
Division of Natural Resources and Deputy Shellfish Constable Kyle Jails performed a preliminary
site survey at low tide of a new aquaculture grant area proposed by bona fide domiciled Yarmouth
resident, Christian Hayes D/B/A Fast Bar Oyster Company. A detailed site map of the proposed
grant area with completed Town aquaculture application, demonstration of experience and
knowledge in shellfish aquaculture in the form of betters of Recommendation and a formal
business plan has been included in Mr. Hayes's application binder. The proposed aquaculture area
is located on the northside of Yarmouth within the waters of Cape Cod Bay in the Division of
Marine Fisheries shellfish classification area CCB26.0 Yarmouth North Coastal, north of Lone
Tree Creek and Bass Creek. Based on the boundaries of the proposed aquaculture area as defined
by the provided coordinate points on the map, I chose ten (10) survey plots to test and investigate.
At all ten (10) survey plots, Deputy Shellfish Constable Kyle Jolls dug a one -foot by one -
foot (1' x 1') sized plot, three to four (3"-4") deep using a standard long handled quahog scratcher.
I documented and recorded each survey plot's findings and geographical location by taking a photo
which can be produced upon request. All ten (10) survey plots contained no significant shellfish
populations, the survey plots were filled in and returned to their original state. The `bottom' or
substrate of the proposed site was consistent with the description of the area in Mr. Hayes's
business proposal, "...has a sandy bottom with pea sized gravel down to a depth of approximately
6 inches, with a heavier mud beneath." Based on my observations, there does not appear to be a
preexisting established natural population of shellfish in the proposed aquaculture area. Please note
that there are already Town approved, active aquaculture sites in the vicinity of Mr. Hayes's
proposed area, licensed to John Reeves D/B/A Mill Creek Oyster Company and Christopher S.
George DB/A Lone Tree Creek Sea Farm.
Phe newly proposed aquaculture grant site will not overlap or interfere with the operations
of the existing aquaculture sites. The proposed aquaculture grant site will not inhibit either
Recreational or Commercial Shellfishing within the inter-tida` none. At this point in time, Mr.
l [ayes is seeking preliminary approval from the Select Board to be able to move this application
to the Massachusetts Division of Marine Fisheries for their approval. in accordance with MGL
Chapter 130. the Division of Marine Fisheries will do a secondary shellfish survey after the Select
Board makes a preliminary approval of this application and proposed aquaculture site. Once the
Division of Marine Fisheries decides that the issuance of the aquaculture license And operation
will have no substantial adverse impact to the environment, the shellfish aquaculture license
applicant may apply for the required state and federal permitting. Upon acquiring the final state
and federal permits, the applicant will return before the Select Board to request the approval and
issuance of the final aquaculture license. Mr. Hayes is aware of the shortcomings of his proposed
site, restrictions on gear type due to being in a North Atlantic [tight Whale Critical Habitat,
accessibility restrictions due to extreme tidal flushing, and vulnerability to wind, wave action and
shoaling generated by storms. Based on the submitted documentation in combination with my
survey findings, it is my recommendation to the Select Board to grant preliminary approval to the
application submitted by Christian Hayes D/B/A East Bar Oyster Company.
For any questions, concerns or comments pertaining to this application, please contact me
directly by phone or email. Thank you for your time and consideration.
CH
Order of the Select B r
orcas McGurrin
Joyce lynn Tracy Post
Michael Stone, Chairman