HomeMy WebLinkAboutDMF comment 3.12.2026The 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
March 12, 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 Nicholas Dininno of Friends of Knobb Hill Shores, Inc., to dredge approximately 99 cubic
yards of material from between Dinah’s Pond and Kelly’s Bay in the Town of Yarmouth. A silt
curtain is proposed during the dredging operation. The project was reviewed with respect to
potential impacts to marine fisheries resources and habitat.
The project site abuts salt marsh vegetation. Salt marsh provides a variety of ecosystem services,
including habitat and energy sources for many fish and invertebrate species [1-2].
Dinah's Pond and Kelly’s Bay have 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].
The project site lies within mapped shellfish habitat for northern quahog (Mercenaria
mercenaria) and softshell clam (Mya arenaria). 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.
Dinah’s Pond and Kelly’s Bay act 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 [4]. 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 [5]. Given the new status of the winter
flounder stock, every effort should be made to protect the species and its spawning habitat.
2
MA DMF offers the following comments for your consideration:
Dredging
• A time-of-year (TOY) restriction should be observed on all in-water activities to protect
sensitive life stages of winter flounder and the above-listed diadromous species. No in-
water, silt-producing activities such as dredging or installing a silt curtain should take place
from Jan 15th – June 30th of any year [6].
• The proponents should consult and coordinate with the Shellfish Constable to determine
if shellfish resources within and near the dredge footprint should be relocated to another
area with the same shellfish classification.
• If approved, any activities requiring a barge should be restricted to 2 hours before and
after high tide to prevent barge grounding in marine habitat.
• 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.
Nourishment / Placement
• The placement of the dredged material is not yet determined. If the proponent chooses
to place dredged material on a beach rather than dispose material in an approved upland
location, a horseshoe crab time-of-year (TOY) restriction may be recommended to protect
sensitive life stages of horseshoe crabs from beach nourishment activity on potential
nesting beaches. Beach nourishment activity could bury and/or crush spawning adult
crabs and nests. Eggs in nests buried too deep may not hatch. No beach nourishment
activity should take place from May 1 – July 31 of any year [6].
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
3
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-
data-diadromous-fish. Accessed February 8, 2023. 2023.
4. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment
Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE-
MA_WinterFlounderAssessmentUpdate.pdf
5. 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
6. Evans, N.T., K.H. Ford, B.C. Chase, and J. Sheppard. 2011. Recommended Time of Year
Restrictions (TOYs) for Coastal Alteration Projects to Protect Marine Fisheries Resources in
Massachusetts. Massachusetts Division of Marine Fisheries Technical Report, TR-47.
https://www.mass.gov/doc/time-of-year-recommendations-tr-47/download