HomeMy WebLinkAboutDMF comments 2.3.2026The Commonwealth of Massachusetts
Division of Marine Fisheries
(617) 626-1520 | mass.gov/MarineFisheries
Maura T. Healey
Governor
Kimberly Driscoll
Lt. Governor
Rebecca L. Tepper
Secretary
Thomas K. O’Shea
Commissioner
Daniel J. McKiernan
Director
February 3, 2026
Yarmouth Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
Dear Commissioners:
The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent
(NOI) by J. Scott Martin of JSM Realty Trust to construct a fixed pier, gangway, and seasonal float
within the Bass River at 104 and 110 River Street in the Town of Yarmouth. The project was
reviewed with respect to potential impacts to marine fisheries resources and habitat.
The Bass River has been identified by MA DMF as diadromous fish passage, migration, and/or
spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis),
American eel (Anguilla rostrata), white perch (Morone americana), and Atlantic tomcod
(Microgadus tomcod) [1].
The project site lies within mapped shellfish habitat for softshell clam (Mya arenaria) bay scallop
(Argopecten irradians), and northern quahog (Mercenaria mercenaria). Waters within the project
site have habitat characteristics suitable for these 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.
The Bass 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:
• A new pier has the potential to negatively impact nearby shellfish resources and fisheries
2
in a variety of ways [4]. While some of these impacts can be avoided or reduced with best
management practices, others are unavoidable and will result in permanent impacts to
shellfish habitat and associated fisheries access. Support piles will directly displace
shellfish habitat, and piles may cause further indirect impacts that negatively affect
bordering shellfish habitat. Leachates from any pressure-treated wood used for support
piles or decking may also negatively impact nearby shellfish. Associated boating activity
could result in prop dredging if the float is installed in insufficient water depth relative to
the size of vessels using the structure. The support piles, float, and adjacent footprints
will likely not be accessible to commercial or recreational fisheries.
• In addition to the proposed pier and float, plans show an existing pier on site as well as a
proposed/permitted pier and float that has not been built. Private docks constructed and
designed following best management practices still impart some degree of impact on the
surrounding aquatic environment. MA DMF recommends using public access points (such
as Smugglers Beach and Boat Access) and sharing waterway access where feasible to limit
dock proliferation and associated cumulative environmental impacts [4]. MA DMF
encourages the proponent to use the several public landings available on the Bass River
to access the Bass River or share private access points instead of building a private pier
and float in close proximity to other private piers.
• The proposed float with concrete block anchors would place the float end of the
structure in water > 2.5 feet at MLW, which is consistent with MA DMF recommendations
for float depth in shellfish habitat [4]. However, concrete blocks would have potential to
scour the bottom. If approved, MA DMF recommends installing pilings instead of concrete
blocks to keep the float in place and minimize scouring.
• If approved, any activities requiring a barge should be restricted to 2 hours before and
after high tide to prevent barge grounding in mapped shellfish habitat.
• 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.
• 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
3
MA Division of Marine Fisheries
cc:
Joseph Hannon, Atlantic Coast Engineering LLC
John Logan, Kara Falvey, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF
Casaundra Healy, Shellfish Constable
Patrice Bordonaro, CZM
AD/kf/ah
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