HomeMy WebLinkAboutDMF comment 3.16.2026The 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 16, 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 Raoul Chalifoux of the Neptune Lane Irrevocable Trust to replace a failing timber
bulkhead with a new vinyl bulkhead and relocate a landing and piles within Parkers River at 49
Neptune Lane in the Town of Yarmouth. The proponent is also proposing to excavate behind the
existing bulkhead and reconstruct the gravel buffer. The project was reviewed with respect to
potential impacts to marine fisheries resources and habitat.
Parkers 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
Atlantic tomcod (Microgadus tomcod) [1].
The project site abuts mapped shellfish habitat for northern quahog (Mercenaria mercenaria).
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.
Parkers 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:
• Repair of the structure should be within the same footprint as the existing structure or
2
landward. The proposed project appears to meet this recommendation.
• MA DMF recommends the use of appropriate containment techniques to prevent siltation
in the marine environment during construction.
• Any activities requiring a barge should be coordinated to avoid barge grounding or
operation in intertidal habitat or shallow water (less than 2 feet between motor skeg and
substrate) over mapped shellfish 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.
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
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