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HomeMy WebLinkAboutDMF comment 5.18.2026The 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 May 18, 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 Tony and Jane Campagna to reconstruct an existing permitted bulkhead within Parkers River at 14 Compass Drive in the Town of Yarmouth. The applicants are proposing to move rocks as necessary to reconstruct the western portion of the bulkhead. 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]. 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), white perch (Morone americana), and Atlantic tomcod (Microgadus tomcod) [3]. The project site lies within mapped shellfish habitat for American oyster (Crassostrea virginica). Waters within the project site have habitat characteristics suitable for this species. Oyster and quahog (Mercenaria mercenaria) were present within the project site during a shellfish survey conducted by John Lowell on November 21, 2025. 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 [4]. Spawning stock biomass in 2021 was estimated 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 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 proposed placement appears to meet this recommendation. • A portion of the proposed structure is sited abutting salt marsh vegetation and mapped shellfish habitat. Filling of intertidal habitat will result in loss of Commonwealth public trust tidelands. Construction should not be allowed in salt marsh habitat or in a location which could adversely impact the salt marsh. • The existing stone armoring on the western portion of the bulkhead has interstitial spaces that helps deflect wave energy and provides habitat for invertebrates and shore zone fishes during high tide. Current plans propose removing these stones as necessary during construction. However, it is unclear if stone armoring and the ecosystem services it currently provides will be present after the reconstruction. • 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”. • 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. 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 3 cc: Mark Burgess, Shorefront Consulting John Logan, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF Victoria Cotone, Yarmouth Shellfish Constable Patrice Bordonaro, CZM AD/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