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 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 Thomas A. Grimes to reconstruct an existing bulkhead and grading within the Bass River
at 10 Surfside Terrace in the Town of Yarmouth. The proposed project includes raising the
bulkhead height by 2 feet, reconstructing the bulkhead, extending the bulkhead returns
landward, and grading the area landward of the bulkhead. Access for the project will be from the
upland area or may be performed from a working barge. 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), American eel (Anguilla rostrata), and white
perch (Morone americana) [1].
The project site abuts mapped shellfish habitat for bay scallop (Argopecten irradians). Waters
within the project site have habitat characteristics suitable for this 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.
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MA DMF offers the following comments for your consideration:
• Repair of the structure should be within the same footprint as the existing structure or
landward. Any expansion of the footprint into tidal waters of the Commonwealth will
result in the loss of shellfish habitat. The project appears to meet this recommendation.
• Construction activity, including staging of construction material and equipment as well as
equipment transit to and from the construction site, should avoid intertidal habitat to the
greatest extent practicable. As much work as possible should be conducted from the
upland portion of the project site to minimize impacts and avoid compaction of sediment
in mapped shellfish habitat. Any work in the intertidal zone should be limited to low tide
such that work is conducted in the “dry”.
• 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
MA Division of Marine Fisheries
cc:
Mark Burgess, Shorefront Consulting
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. 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
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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