HomeMy WebLinkAboutDMF comment 2.17.2026The 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 17, 2026
Yarmouth Conservatfon Commission
1146 Route 28
South Yarmouth, MA 02664
Dear Commissioners:
The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notfce of Intent
(NOI) by Bass River Property LLC to reconstruct an existfng pier, platiorm, ramp, and float within
the Bass River at 222 Pleasant Street in the Town of Yarmouth. The project was reviewed with
respect to potentfal impacts to marine fisheries resources and habitat.
The project site overlies salt marsh vegetatfon. Salt marsh provides a variety of ecosystem
services, including habitat and energy sources for many fish and invertebrate species [1-2].
The Bass River has been identffied by MA DMF as diadromous fish passage, migratfon, and/or
spawning habitat for alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), and white
perch (Morone americana) [3].
The project site lies within mapped shellfish habitat for bay scallop (Argopecten irradians), and
northern quahog (Mercenaria mercenaria). American oyster (Crassostrea virginica) and softshell
clam (Mya arenaria) were present in the project area during a shellfish survey conducted by Paul
Mancuso and Marc Smith from BSC Group on January 19, 2022. Waters within the project site
have habitat characteristfcs suitable for these species. Land containing shellfish is deemed
significant to the interest of the Wetlands Protectfon Act (310 CMR 10.34) and the protectfon 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 Atlantfc States Marine Fisheries Commission has
designated winter flounder spawning habitat as a “Habitat Area of Partfcular Concern” (HAPC). In
the previous stock assessment, the winter flounder stock was classified as overfished, with
spawning stock biomass in 2019 estfmated to be only 32% of the biomass target [4]. Spawning
stock biomass in 2021 was estfmated to be 101% of the biomass target based on a new
2
recruitment stanza focusing only on the past twenty years [5]. 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 consideratfon:
• All piles that will be removed should be fully removed from the substrate - rather than cut
at the base – since the area is suitable shellfish habitat [6].
• If approved, any actfvitfes requiring a barge should be restricted to 2 hours before and
after high tfde to prevent barge grounding in marine habitat.
• Fuel spills from refueling of constructfon equipment will adversely impact sensitfve
resource areas. Impacts to resource areas can be avoided by prohibitfng 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.
Questfons regarding this review may be directed to Amanda Davis at amanda.davis@mass.gov.
Sincerely,
Amanda Davis
Environmental Analyst
MA Division of Marine Fisheries
cc:
Robert Perry, Cape Cod Engineering, Inc.
John Logan, Kara Falvey, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF
Casaundra Healy, Yarmouth Shellfish Constable
Patrice Bordonaro, CZM
AD/kf/ah
References:
1. Boesch, D.F. and R.E. Turner. 1984. “Dependence of Fishery Species on Salt Marshes: The
Role of Food and Refuge.” Estuaries 7(4):460-468. https://doi.org/10.2307/1351627.
2. Deegan, L.A., J.E. Hughes, and R.A. Rountree. 2000. “Salt marsh ecosystem support of
marine transient species.” In: M.P. Weinstein and D.A. Kreeger, eds. Concepts and
Controversies in Tidal Marsh Ecology: Kluwer Academic Publisher, The Netherlands. pp.
333-365
3. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis-
3
data-diadromous-fish. Accessed February 8, 2023. 2023.
4. ASMFC. 2020. Southern New England Mid-Atlantfc Winter Flounder 2020 Assessment
Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE-
MA_WinterFlounderAssessmentUpdate.pdf
5. ASMFC. 2022. Southern New England Mid-Atlantfc Winter Flounder 2022 Management
Track Assessment Report. Compiled June 2022. https://apps-
nefsc.fisheries.noaa.gov/saw/sasi.php
6. 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 residentfal docks and recommended Best
Management Practfces with an emphasis on the northeastern United States. Estuaries
Coasts 45: 1189–1216. https://www.mass.gov/doc/dock-bmp-
recommendations/download