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Home My WebLink AboutDMF 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 Thomas Dandis to reconstruct a bulkhead and reconfigure a float within Parkers River at 7 Cape Isle Drive in the Town of Yarmouth. 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), white perch (Morone americana), and Atlantic tomcod (Microgadus tomcod) [1]. 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. 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 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 2 recommendation. • Grounded floats can disturb bottom sediments, resulting in turbidity and direct impacts to benthic habitat. To minimize impacts, MA DMF recommends that the bottom of a proposed float be at least 2.5 feet above the substrate over marine habitat at MLW [4]. The float, as proposed, does not maintain this minimum clearance at MLW. MA DMF recommends installing float stops to maintain a 2.5-foot clearance above the substrate at MLW. • 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 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. 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 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 4. Logan, J.M., A. Boeri, J. Carr, T. Evans, E.M. Feeney, K. Frew, F. Schenck, and K.H. Ford. 2022. A review of habitat impacts from residential docks and recommended Best Management Practices with an emphasis on the northeastern United States. Estuaries Coasts 45: 1189–1216. https://www.mass.gov/doc/dock-bmp- recommendations/download