HomeMy WebLinkAboutMEPA comment 8.8.2025M,
-C\- The Commonweafth of ,Massachusetts
Executive Office of Energy and Lnt ironmental,,4ffairs
100 Cambridge Street, Suite 900
Boston WA 02114
Maura T. Healey
GOVERNOR
Kimberley Driscoll Tel: (617) 626-1000
LIEUTENANT GOVERNOR Fax: (617) 626-1081httpWwww-mass.govlcea
Rebecca L. Tepper
SECRETARY
August 8, 2025
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
ON THE
MEPA AQUACULTURE FILING
PROJECT NAME
PROJECT MUNICIPALITY
PROJECT WATERSHED
EEA NUMBER
PROJECT PROPONENT
DATE NOTICED IN MONITOR
Hayes Shellfish Aquaculture
Yarmouth
Cape Cod Bay
: 16964
Christian Hayes
July 9, 2024
Pursuant to the Massachusetts Environmental Policy Act (NEPA; M.G_ L. c. 30, ss. 61-62L) and
Sections 11.06 and 11.09 of the MEPA regulations (301 CMR 11.00), I hereby determine that this
project does not require an Environmental impact Report (EM).
The MEPA review of this project was conducted in accordance with the 21 Amended Special
Review Procedure (SRP) for Shellfish Aquaculture established on January 16, 2024,' to guide MEPA
review of shellfish aquaculture projects proposed on sites licensed by municipalities and whose
operations are certified by the Division of Marine Fisheries (DMF) under M.G.L. c. 130 § 157 ("Section
57 Certification"). In accordance with the SRP, shellfish aquaculture projects that are under 10 acres in
size are permitted to file a copy of the DMF Aquaculture Description Form and DMF's conditional
t The original MP was established on September 9, 2022 and amended SRP (11 Amended) issued on September 11, 2023. A
copy of the current SRP and past amendments can be found using the Environmental Monitor search function (search by
EEA # 16583).
EEA# 16964 Aquaculture Certificate August 8, 2025
certification letter (including cumulative impacts summary) (the "MEPA Aquaculture Filing") to the
MEPA Office in lieu of filing an Environmental Notification Form (ENF). Projects that require any
other Agency Action (in addition to DMF's Section 57 Certification) are generally not eligible for the
review procedures described in the SRP and must undergo normal MEPA procedures. However, projects
that propose activities covered by M.G.L. c. 130, § 57 and require both a Section 57 Certification and
401 WQC, except for those located in salt marsh or involving cultching, remain eligible to proceed
under this SRP_
Project and Site, Description
As described in the MEPA Aquaculture Filing, the project involves the establishment of a 3-acre
oyster, quahog, softsheli clam, and blue mussel aquaculture operation within Cape Cod Bay in the Town
of Yarmouth. The Proponent proposes utilizing 3-foot by 5-foot bottom cages. The site will be marked
using yellow corner markers and intermittent buoys anchored to the bottom. Cages will be removed
seasonally to avoid damage from winter storms and ice. The Proponents will access the site on foot or
by boat.
The project is located within Cape Cod Bay and is not located in an Area of Critical
Environmental Concern (ACEC). The project site is located in Priority and/or Estimated Habitat for rare
species as mapped by the Division of Fisheries and Wildlife's (DFW) Natural Heritage and Endangered
Species Program (NHESP).Z The site contains widgeon grass (Rupia maritina) as noted in comments
from DMF following an on -site inspection of the site. As shown in the EEA EJ Mapper, the project site
is not located within one mile of Environmental Justice (EJ) populations.,
Review of the MEPA Aquaculture Filing
The MEPA Aquaculture Filing identified existing benthic habitat conditions and described the
proposed gear types, site access, and harvesting methods. It included a map that identified site
boundaries and gear locations. It included a cumulative impact summary from DMF that identified other
existing and conditionally certified aquaculture sites, gear types, and acreage within the same
embayment. Based on this impact summary, there are a total of 8 acres of existing sites in operation in
the North Yarmouth Coastal area (6 acres in Yarmouth, 2 acres in Barnstable). The addition of this
project will add 2.7 additional acres to this embayment (10.7 acres total).
Comments from DMF indicate that the agency will establish permit conditions to protect marine
fisheries resources and habitats potentially impacted by the proposed project. The DMF conditional
certification letter included in the META Aquaculture Filing contains the following conditions for the
Yarmouth site:
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).
2 The Agwcultm Description Form mcowx* 10ftates that the project is not within NHESP mapped habitat
, The MA EJ Mapper IS available at: bMJ/ffI=-
ma s ri iadex.html?a id=535e441 c054 80545 53.
2
EEA# 16964 Aquaculture Certificate August 8, 2025
As noted above, widgeon grass is present on the site (northwest corner) and should be avoided.
According to comments from DMF, a 25-ft buffer should be created between the site boundary and the
widgeon grass.
As noted, the MEPA Aquaculture Filing incorrectly indicates that the project is not located
within mapped rare species habitat. Comments from NHESP state that it is anticipated this project could
be conditioned to avoid a prohibited Take of state -listed species pursuant to Massachusetts Endangered
Species Act (MESA 321 CMR 10.18). Comments further indicate that any state -listed species concerns
can be addressed during the MESA review process. The Proponent is advised that a formal fling with
required with NHESP to initiate MESA review.
Comments from the Massachusetts Department of Environmental Protection Southeast Region
(MassDEP SERO) indicate that work should be performed so as to minimize adverse effects on marine
fisheries habitat and wildlife habitat. Comments further state that the Proponent should submit a Request
for Determination of Applicability or a Notice of Intent to MassDEP and the Yarmouth Conservation
Commission for the project.
Conclusion
The MEPA Aquaculture Filing has adequately described and analyzed the project in accordance
with the 2" d Amended SRP for Shellfish Aquaculture_ Based on review of the MEPA Aquaculture
Filing, I hereby find that it complies with MEPA requirements as set forth in the January 16, 2024 SRP.
Accordingly, no E1R is required.
}
August 8 2025
k
Date Reb ca L. Tepper
Comments received:
07/25/2022 Natural Heritage and Endangered Species Program (NHESP)
01/06/2025 Division of Marine Fisheries (DMF) (included in filing)
07/29/2025 Massachusetts Department of Environmental Protection, Southeast Region (K4assDEP
SERO)
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