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HomeMy WebLinkAboutDMF comment 2.19.2026The 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 19, 2026 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 0266 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by the Friends of Bass River to conduct their Headwaters Restoration Project within the Bass River in the Town of Yarmouth. The project identifies its primary goals as improving fish passage, water quality, aquatic habitat, and public recreational opportunities. The Restoration Project includes removing the concrete fishway at Miss Thatcher's Pond and partially removing the earthen berm, removing several culverts, replacing the Weir Road culvert with a 24' bridge, remove berms within the retired cranberry bogs, construct a new sinuous stream channel and excavate a new pond, fill in certain drainage ditches with onsite sand, plant native vegetation, and provide a treatment to Phragmites in Cell 5. The project also proposes to install large wood logs and rootwads throughout the constructed channel to act as in-stream cover and habitat. A turbidity curtain is proposed in Mill Pond. 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) [3]. MA DMF offers the following comments for your consideration: • The proposed restoration project will require a MA DMF Fishway Construction Permit. The proponent should coordinate with Brad Chase (brad.chase@mass.gov) and Michael Burgess (Michael.Burgess@mass.gov) about the requirement. • MA DMF recommends a spring time of year (TOY) restriction on in-water construction activities from March 15 to June 30 to protect eels during the spring glass eel immigration and alewives during the adult migration, spawning, egg incubation and juvenile development phases [2]. No in-water work should take place during this time. • MA DMF recommends a fall time of year (TOY) restriction on in-water construction activities from September 1 to November 15 to protect sensitive life stages of the above diadromous species. In-water work may be able to proceed during the fall TOY period 2 provided the silt control measures and avoidance of work in the main channel described in the EENF are maintained through the permitting process. • The project plans state that invasive species may be removed using herbicides. Herbicidal spray could impact all vegetation and water quality. Additional details (location, extent, timing, application approach, type of herbicide, etc.) should be provided to MA DMF for review and comment if herbicide treatment is proposed in the wetland area. • 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: Nicholas Nelson, Inter-Fluve, Inc. John Logan, Kara Falvey, Alicia Hecht, Michael Burgess, Brad Chase, MA DMF Patrice Bordonaro, CZM Alexa Cacacie, NOAA 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.