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Home My WebLink AboutDMF comments 5.20.2026The 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 20, 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 Laura Riccio of Blue Rock Road Realty Trust to reconstruct an existing bulkhead, access stairs, and install a fiber roll array within the Bass River at 166 Blue Rock Road in the Town of Yarmouth. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. Bass River has been identified by MA DMF as diadromous fish passage, migration, and/or spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), rainbow smelt (Osmerus mordax), American eel (Anguilla rostrata), white perch (Morone americana), Atlantic tomcod (Microgadus tomcod), and American shad (Alosa sapidissima) [1]. 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. Softshell clam and quahog were present within the project site during a shellfish survey conducted by John Lowell on November 20, 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. Bass 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. 2 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 and loss of Commonwealth public trust tidelands. • A monitoring plan for the fiber roll array is not included in this proposal but is recommended given the energy in this system. Key details such as the expected frequency of regular check-ins, how and who will determine if an intervention is necessary, and what will occur if the proposed project is not successful should be included in a monitoring plan. MA DMF recommends a monitoring plan that includes a monitoring schedule and best management practices to limit the potential of generating marine debris if the fiber rolls are not successful or if they are compromised. • 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. 3 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 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