HomeMy WebLinkAboutDMF comment 6.9.2026The 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
June 9, 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 Gold Village Waterside, LLC., to reconstruct a sloped stone revetment along the
shoreline of the Parkers River at 681 Route 28 in the Town of Yarmouth. The eroded area
landward of the reconstructed sloped stone revetment would be filled and planted with native
vegetation. The project was reviewed with respect to potential impacts to marine fisheries
resources and habitat.
The project site lies within mapped shellfish habitat for bay scallop (Argopecten irradians),
softshell clam (Mya arenaria), and northern quahog (Mercenaria mercenaria). 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.
Parkers River has been identified by MA DMF as diadromous fish passage, migration, and/or
spawning habitat for alewife (Alosa pseudoharengus), white perch (Morone americana), Atlantic
tomcod (Microgadus tomcod), and American eel (Anguilla rostrata) [1].
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:
• A time-of-year (TOY) restriction should be observed on all in-water, silt-producing
activities to protect sensitive life stages of winter flounder and alewife. No in-water, silt-
producing activities should take place from January 15 – June 15 of any year [4].
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• 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”.
• Appropriate containment measures should be employed to prevent siltation in the marine
environment during dredging activities.
• Concrete delivery vehicles should be prohibited from washing down equipment on site.
This activity could potentially wash excess concrete and hydrocarbons into marine
resource areas.
• 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:
Daniel Ojala, Down Cape Engineering, Inc.
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. 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
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4. 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